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Why you shouldn’t wait to file a personal injury claim

by | Sep 25, 2020 | Firm News


You take your personal safety and well-being seriously. You are not one to take unnecessary risks or put yourself in a dangerous situation when out and about. Unfortunately, not everyone is as careful and conscientious in their practice. If you have been injured in an accident because of another person’s negligence, then you have the right to compensation. A Henderson LV personal injury attorney can help you get the money you are entitled to.

Personal Injury Claim and Personal Injury Lawsuit

To get your money, you must go through a process. You must first make a personal injury claim, which consists of filing a claim for compensation with an insurance company. Depending on the nature of the accident, you will need to submit your claim to your insurance company or the insurance company of the at-fault party. Claims can be made against auto insurance, homeowner insurance, or professional liability insurance policies.

Once you have filed a claim, the insurance company will dispatch a team to investigate the circumstances surrounding the accident and the damage caused by it. The insurance adjuster will be the person in charge of this investigation, and they may try to contact you. Never speak to any insurance representative without first consulting with a personal injury lawyer in Henderson, Las Vegas NV.

The insurance company—even if it is your insurer—is not your friend. Their priority is their financial interests, not yours. The Henderson Las Vegas personal injury lawyer you hire will be the only one whose sole aim is to do what is best for you. They will negotiate with the insurance company to settle the claim.

If an agreement cannot be reached, then your personal injury attorney in Henderson, Las Vegas NV will need to file a lawsuit. This will allow you to pursue compensation for the medical expenses incurred and the personal revenue lost owing to accident injuries. This process is more complicated than trying to settle an insurance claim. To succeed in a civil case, you must prove that the accident was caused by the negligence or recklessness of the respondent, that you were injured in the accident, and that you are owed a certain amount of money in damages.

If you intend to pursue a lawsuit against the insurance company, your lawyer will need to file the documents with the appropriate civil court. Your attorney will then need to bring in a range of experts to help gather, assess, and present the evidence that supports your case. They will take depositions, conduct witness interviews, make document requests, and develop accident reconstruction simulations. Your lawyer will also get statements from your physician and independent medical experts concerning your injuries and prognosis for recovery.

Most such civil cases do not go to trial. By the end of the discovery phase, when all the evidence has been collected, the insurance company will probably want to settle the case. The more evidence your lawyer can gather against their position the more likely this is to happen.

Statute of Limitations

man broken foot

You must file a civil claim within the statute of limitations. This is the legal time limit for filing such a claim. Statute of limitations vary with each type of claim. In the state of Nevada, the statute of limitations are as follows:

  • Personal injury: 2 years from when you received the injury
  • Medical malpractice: 3 years from the time of the malpractice which caused the injury or one year from when the injury was discovered
  • Product liability: 3 years from when you received the injury
  • Wrongful death: two years from the date of the person’s death

If you are past the statute of limitations date, do not despair. Exceptions can be made in certain instances. And your attorney can help you make the case before the judge.

Albright Stoddard Warnick & Albright are Las Vegas personal injury attorneys who can help you get the compensation you deserve. If you were injured owing to another person’s negligence, you should not deal with the situation on your own. Las Vegas personal injury lawyers have the knowledge and legal insight to preserve your rights and pursue your interests.