PERSONAL INJURY

Negligence

Most injury cases are based on a theory of negligence. Some examples include motor vehicle accidents, slip and falls, dog bites, unknown dangerous conditions, assaults and excessive force cases. To prevail on a claim for negligence, a plaintiff (the person bringing the lawsuit) must establish by a preponderance of the evidence (more likely than not) that

1. the defendant (the person or company being sued) owed the plaintiff a duty;

2. that the defendant breached that duty; and

3. that damages resulted from the breach of that duty.

Generally, everyone has a duty to exercise reasonable care when their conduct creates a risk of harm to others. Negligence is the failure to exercise that degree of care that an ordinarily careful and prudent person would exercise under the same or similar circumstances. Ordinary care is that care which persons of ordinary prudence exercise in the management of their affairs in order to avoid injury to themselves or to others.

If you have been injured here in Las Vegas and believe that someone else is at fault, give us a call now.

Comparative Fault

Even if you are partially at fault for your injuries, you may still be able to recover damages from the other involved party or parties. Nevada is a comparative fault state. What that means is that a plaintiff may still recover damages so long as that person is less at fault than the defendant. In other words, if the plaintiff is 49% at fault or less, a plaintiff can still recover damages. Please keep in mind, however, that any damages awarded to a plaintiff will be reduced by the percentage of fault attributable to that person.

Here are a couple of examples:

1. If a jury awards a plaintiff $1,000,000 but finds the plaintiff 60% at fault for his or her injuries, the plaintiff cannot recover anything from the defendant.

2. If a jury awards a plaintiff $1,000,000 but finds the plaintiff only 20% at fault for his or her injuries, the plaintiff’s recovery against the defendant will be reduced to $800,000.

Let us evaluate whether you have a case today.

Past and Future Medical Care and Treatment

Keep in mind, that not only are you entitled to recover damages that you have already incurred, but you are also entitled to recover any and all future damages you may experience as a result of someone else’s negligence (these damages would include future surgeries, rehabilitation, lost wages and benefits, pain and suffering, disfigurement, funeral and/or burial expenses, etc.).

If the act that caused the injury is particularly egregious, then punitive damages may be awarded. Punitive damages are intended to punish a defendant. The spouse and family members of injured persons may also receive compensation if the injured person dies or if the relationship with the injured person has been negatively impacted.

It is extremely important that you connect with a lawyer so a proper valuation of your case can take place.

Pain and Suffering / Emotional Distress

There is no specified amount that someone is entitled to for pain and suffering or emotional distress damages and it will be up to a jury or judge to make that determination. Your lawyer will be in the best position to value that portion of your case based on his or her experience. That is the reason why it is so important to find the right lawyer to handle your personal injury case.

Statutes of Limitation

Statutes of limitation are the deadlines by which a lawsuit must be filed. Claims for personal injury based on negligence are generally subject to a 2 year limitation period beginning when the plaintiff knew or should have known that he or she had a claim. Limitation periods differ depending on what types of claims are brought. Some are as long as 6 years and as short as 1.

By way of example, NRS 11.190 provides in pertinent part:

  • 1

    Within 6 years

    (a) Except as otherwise provided . . ., an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

    (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

  • 2

    Within 4 years

    (a) An action on an open account for goods, wares and merchandise sold and delivered.

    (b) An action for any article charged on an account in a store.

    (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

    (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

  • 3

    Within 3 years

    (a) An action upon a liability created by statute, other than a penalty or forfeiture.

    (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

    (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

    (d) Except as otherwise provided . . ., an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

  • 4

    Within 2 years

    (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

    (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

    (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

    (d) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

  • 5

    Within 1 year

    (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

    (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

Please be aware that there are other statutes of limitation set forth in Nevada law beyond those listed above. Thus, it is imperative for you to consult with a lawyer as soon as possible to confirm how long you have to file a lawsuit.

Evidence Preservation

One of the reasons that it is so important to promptly contact an attorney after you have been injured is to make sure that evidence is not lost or destroyed. It is amazing how often defendants do not keep evidence and the success or failure of a case can hinge on that issue alone.

Remember, an experienced attorney can guide through the process of making a claim, preserving evidence and ensuring that you are treated fairly. Tourist Lawyers is here to answer any questions you have and standing by to ensure you get compensation for your personal injury.

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Copyright 2021 – TLIP Ventures, LLC d/b/a Tourist Lawyers, 10161 Park Run Drive, Suite 150, Las Vegas, Nevada 89145

Christopher D. Kircher, Esq., licensed to practice law only in the State of Nevada