If you were hurt because of another persons negligence, you are entitled under Nevada Law to file an injury claim. You may find yourself wondering “How to file a personal injury claim without a lawyer” and if so, this article is for you.
Note: Technically, you can self-represent, but in doing so, it requires a lot of work and legal jargon that could easily be alleviated by hiring a lawyer.
To better understand the process of filing a personal injury lawsuit, we will explain everything you need to know if you decide to represent yourself vs. how a lawyer can help you collect compensation.
Injuries that qualify for a personal injury lawsuit
Becoming injured in an accident is not simply enough to collect compensation under personal injury law in Nevada. You may only sue for an injury if you are found to be less than 50 percent at fault for the accident under Nevada Revised Statute 41.141. That said, the following injuries could constitute a claim:
- Soft-tissue injuries;
- Pain and suffering;
- Broken bones;
- Lacerations;
- Whiplash;
- Wrongful death.
Although the list of injury types can be substantially longer, those are simply used for example purposes. You must be able to prove your damages following an injury, so seeking medical care following an accident is critical to your lawsuit’s success.
Collecting compensation for your damages
As touched on above, compensation is awarded to accident victims as payment for their injuries as reimbursement for any damages, including economic, non-economic and/or punitive. Without an attorney, you must prove to the insurance company and a potential jury that you are entitled to the money owed. Below we will outline the types of damages you may recover on:
Economic damages
Economic damages are physical damages that have supporting documentation in the form of monetary value. These types of damages include, but are not limited to:
- Medical bills: Current, future and ongoing medical treatment.
- Lost wages: If your injuries caused you to stop working.
- Property damage: If your vehicle or property was damaged as a result of the incident.
Non-economic damages
Non-economic damages are more challenging to prove as these damages can not be physically quantified. Common non-economic damages include, but are not limited to:
- Pain and suffering: If your injuries caused you significant physical distress.
- Scarring and disfigurement: If your appearance was permanently damaged due to your injuries.
- Loss of consortium: If your injuries have negatively impacted your ability to have a romantic relationship with your spouse.
Punitive damages
This type of damage is unlike the above two as they are not designed as compensation for an injury victim; rather, they are set in place to punish the negligent party. Punitive damages are awarded when the responsible party demonstrates gross negligence to the extent that they are considered egregious.
Those are just a few collectible damages we’ve touched on and is not a conclusive list. If you are questioning any other damages you can collect on, you should consult with an experienced attorney for a free consultation.
Nevada’s modified comparative negligence standard
In the State of Nevada, personal injury claims are subjected to a modified comparative negligence standard. What this means is your percentage of fault directly corresponds to the amount you are entitled to collect on. In other words, if you are found to be less than 50 percent responsible for an accident, your compensatory award is deducted from your percentage of fault. If you are found more than 50 percent at fault, you are not entitled to collect damages for your claim.
Insurance companies will work tirelessly to prove that you are responsible for an accident or injury as a means of paying out as little as possible. For this reason, it is in your best interest to hire a lawyer to fight for maximum compensation.
How a Nevada personal injury lawyer can help you
When you hire a Nevada personal injury law firm that has a proven track record of exceptional case results, you can rest assured knowing your claim will be handled by a professional while you focus on recovering from your injuries. In addition to peace of mind, your attorney will help you:
- Determine damages that you are eligible to collect.
- Collect important pieces of evidence to support your claim. This can include police reports, medical records, witness statements, etc…
- Negotiate with the insurance company.
- File a lawsuit if the insurance company refuses to offer a fair settlement.
- Represent you in court and in front of a jury if the case escalates to a trial.
What does it cost for a personal injury attorney to represent me?
If you are wary about hiring a law firm to represent you due to the cost associated, you can rest assured knowing that our law firm does not collect a dime unless your case is successful. This is known as a contingency-fee arrangement. This payment structure guarantees you will be out of pocket $0 unless our lawyer is successful at winning your personal injury claim.
Typically speaking, individuals who elect to hire a personal injury lawyer receive a significantly higher settlement than those who opt to self-represent. By hiring Brian Boyer’s Injury Firm, he never makes more than his clients, so your final settlement amount will equate to more money than our law firm will make.
Although at the forefront it may seem more economically reasonable to represent yourself, your chances of attaining maximum compensation is more likely with the assistance of an experienced personal injury lawyer.
Typical errors injury victims make while filing claims themselves
Attorneys go to law school for three- to four years to attain a law degree. They are experts in their field. By self-representing, lack of knowledge in the legal field can lead to detrimental mistakes in your personal injury claim. These mistakes can include:
Providing a recorded statement to the insurance company
Most insurance adjusters will urge injury victims to provide a recorded statement before making their settlement offer. Adjusters will use any tactic possible to get you to admit liability, or they will use the information you provide them in cross-examination if the case escalates to trial.
You demand too high–or too little of a settlement
Although asking for too little of a settlement will still give you money in your pocket, you are not receiving the compensation you are entitled to. Additionally, requesting too high of a settlement can also damage your claim as you are demonstrating that you do not fully understand the damages associated with your case.
Filing your claim too late
The State of Nevada allows two-years from the date of an accident to file a claim. This is known as the Nevada Statute of Limitations. If you fail to file your claim within the allotted timeframe, your claim can be denied.
Contact our personal injury attorney
Although you are well within your rights to file a claim by yourself, you should not undergo this complex legal process alone. Brian Boyer Injury & Car Accident Lawyer is committed to every clients success. Contact our law office today for a free, no-obligation case evaluation (702) 800-0988. We are available to take your call 24/7.
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