What is a Personal Injury Claim?

Personal injury law is part of tort law. Tort law is a part of civil law when one person suffers an injury or loss due to another person’s actions. Personal injury specifically deals with physical and emotional injuries a person suffers because of the actions or inactions of another person, group, or entity. If you or someone you know has suffered from the actions of someone else, contact some experienced personal injury lawyers in Las Vegas. There are two main issues that are dealt with in a personal injury claim:

    1. Liability (who is to blame?)
    2. Damages (what injuries are due to the incident in question?)

There are almost as many different kinds of personal injury cases as there are personal injuries. Some of the most common incidents that result in personal injury claims are car accidents, slip and fall incidents, defective products, medical errors, etc. No two personal injury cases develop in quite the same way which is always best to consult with lawyers who have experience handling all types of personal injury cases.

Depending on the severity of the injuries sustained by the victim, and the obviousness of who was at fault, personal injury cases can vary in complexity and duration. Another important aspect to address first thing is whether an insurance policy covers the injuries.

Insurance Policies

Insurance policies are there to help pay for damages (including medical damages) in the case of an accident. If you have been injured and believe someone else is responsible, first determine if that person or entity carries insurance that can cover the cost of your treatment.

It’s important to determine if there’s an insurance policy backing the person responsible for your injuries. It’s one thing to get a favorable ruling in court, and a completely different thing to recover the money. If the defendant doesn’t have an insurance policy that can cover your expenses, it can be difficult to actually get the money you are owed. If the injuries were minor and your own insurance policy can satisfactorily cover the cost of your care, it may not be worth the headache of bringing a lawsuit against the defendant.

When injuries are severe and the cost of medical treatment isn’t covered by your insurance company, you may want to go ahead with a personal injury claim with the help of personal injury lawyers in Las Vegas. If it’s their fault, they should be responsible for your recovery. They can sort out how to get you the money themselves.

Should You Hire an Attorney?

Though personal injury is a simple idea – you hurt me so you should pay for my bandages – it can get quite complicated. Almost all personal injury cases should be discussed with one of the experienced lawyers. Before you decide whether or not you should take legal action, sit down with someone who understands the intricacies of the laws who can give you an opinion and explanation of your circumstances. Many lawyers offer a free initial consultation where they can hear about your case and tell you what the best course of action is. Of course choosing which law group you speak with is important – you want to be able to trust their advice or it isn’t worth anything in the first place.

Many lawyers in Las Vegas work on a “contingency” basis, where there are only paid once the court settles in their client’s favor. At that point, the attorney would take an agreed-upon percentage of the settlement in exchange for their services. This keeps the process a low-risk engagement for the victim and provides incentive for the attorney to get the best results possible, besides just being a good lawyer.

Should You File a Lawsuit?

While there’s been a lot of mention of going to court and having a judge or jury rule in the client’s favor, a large portion of personal injury cases don’t actually go all the way to court. There’s a process before court in which the legal teams of both sides try to reach a favorable resolution. No one wants to go to court, not even lawyers! Court is notoriously slow-moving, painful, and unpredictable.

If there are robust insurance policies on either side of the situation, it may be easier to seek compensation through that route. It’s still a good idea to hire an attorney to deal with insurance companies. Insurance companies are just that – for-profit companies. They want to spend the least amount of money possible to resolve a claim. Having an experienced attorney on your team can give your claim more weight and potentially result in a higher payout. The process involves filing a “third party claim” against the responsible party’s insurance group. In order to do so, you would need the at-fault party’s name and insurance number. With that information, a “notice of claim” must be sent including all relevant information regarding the incident in question. All relevant information must be included but details should be left out so they can be brought up when negotiating the settlement or in the case a demand letter is necessary.

A Lawyer Can Help

As may be obvious, even going the simple route can get complicated. Take advantage of the experience and skills lawyers have. Be sure to do what you must to get the compensation you deserve! At Harris & Harris Injury Lawyers, our attorneys have received recognition and awards for an assortment of prestigious and honorable titles. No case is too difficult for us to successfully fight.

Call Harris & Harris Injury Lawyers today on (702) 384-1414. You can also submit our online contact form and we will get back to you promptly.

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