What To Know About Personal Injury Before Filing a Claim

Personal injury claims often arise from accidents, including slip and fall incidents but can also result from intentional negligence, such as manufacturing a dangerous product. Many may be surprised at how common these claims are.

If you’re injured in an accident, it’s important to be aware of the facts regarding your legal rights and options for compensation. Prestigious firms like Friedman Injury Law ensure you’re aware of your rights and the steps to take to secure a fair settlement.

Knowing the facts can empower you to make the most informed decision and protect your interests following any type of accident.

Facts To Know About Personal Injury Accidents

In a personal injury claim, an individual suffers harm due to another person’s negligent or intentional actions. Cases can range from medical malpractice, car crash, workplace injury, and more. Attorneys specializing in this aspect of the law aim to provide injured parties with a means to recover damages.

Before taking legal action, it’s important to become familiar with the basic personal injury facts to be better prepared for the consultation. Consider the following key details.

Time limitations for filing

Personal injury claims have a time frame in which you must file a claim or risk potentially losing the chance to pursue compensation. Nevada’s statute of limitations for these cases is two years from the date of injury. If, however, the injured party passes away, their loved one can file a wrongful death lawsuit.

The two-year time frame will start from the date of death and not the date of injury. It’s critical to have legal representation so that a thorough investigation can be conducted.

Also, evidence needs to be collected as soon as possible following the incident. Visit – What Is the Nevada Personal Injury Statute of Limitations? – LegalClarity – to learn Nevada statute of limitations.

Attorneys negotiate with insurance carriers

The insurance company’s priority is profit and this often leads them to assess all accident claims with a standard approach instead of considering the unique facts for each claim. The carrier limits the amount they pay for damages to minimize their financial losses.

It can be tempting to accept the initial settlement offer, being rash can cause you to receive less compensation than you deserve. This can create significant financial challenges if you’re unable to work following the accident.

Seeking legal representation and allowing the attorney to negotiate on your behalf will ensure you achieve a fair and reasonable settlement. View here to learn what to know before hiring a personal injury attorney for your claim.

 Compensation can account for a range of damages

Payout in a personal injury claim varies depending on the circumstances. Individuals can claim damages for losses as well as wrongful death. If an injury results in a wrongful death, compensation can be given for costs that include the following:

  • Funeral and burial expenses
  • Medical expenses before death
  • Loss of financial support and benefits
  • Loss of consortium or companionship

Economic losses include medical expenses, loss of income, and pain and suffering. Injured parties may also suffer from emotional injuries that range from mid mental anguish to sever distress, post-traumatic stress disorder, and depression.

Personal injury compensation can account for physical and mental injuries, however, proving and quantifying mental injuries is challenging and will vary depending on your individual circumstances. Your attorney will help you understand what you could potentially receive for this aspect of your settlement.

Negligence requires ample evidence

Legal representation is important when trying to prove another person is responsible for causing your injury.

That person may try to minimize the injury or shift the blame to someone else. To prove the extent of the injuries, you must provide documentation, such as medical records from a practitioner, surgical records, prescriptions, and other treatments mentioned in the complaint.

Evidence is essential and all relevant details should be presented to your attorney promptly. Even those details that may seem insignificant can make a difference in the case outcome.

Recover compensation despite being partially at fault

In Nevada, an individual cannot claim compensation if they are more than 50 percent at fault for an accident since the state operates under a modified comparative negligence system.

If you are below 50 percent responsible, you have a right to pursue compensation; however, the amount will be reduced based on your percentage of responsibility. For example, if you’re found to be 49 percent at fault, you can still obtain damages, but your financial recovery will be reduced by 49 percent.

Can be a lengthy process and settle or go to trial

Determining the exact duration of a personal injury case can be challenging; there’s no set time frame. Preparing for a length process is wise. A simple case can be resolved in roughly a year or two, but complicated matters such as a class action lawsuit, product liability, and medical malpractice can take longer.

Typically, these claims can be settled without going to court by negotiating with the insurance carrier’s legal team or through a mediation process. If an agreement is unattainable, however, a lawsuit may be necessary. The decision whether to pursue trail will depend on the details of the case.

In some cases, the injured individual may lack the mental capacity to pursue a claim, perhaps due to a brain injury. Consequently, they may need someone to file the claim and make critical decisions on their behalf. Generally, loved ones can fulfill this commitment.

Final Thought

Individuals suffering severe injuries due to another person’s negligent or intentional actions are often burdened with medical expenses exceeding tens of thousands of dollars. Further, they miss work, and some require long-term rehab for their injuries.

By working with a personal injury attorney with extensive knowledge and experience in recovering damages for victims, you will understand the process, know what to expect with your case, and anticipate maximizing your compensation.

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