Top 5 Personal Injury Claims in Nevada: What You Need to Know
Personal injury claims are legal cases where an individual seeks compensation for harm caused by another party’s negligence or wrongful conduct. Whether you’ve been injured in an accident or due to someone’s negligence, understanding your legal rights and the types of claims you can file is essential. In Nevada, personal injury claims can arise from various accidents, and each comes with its own set of rules and challenges.
If you or someone you know has suffered an injury in Nevada, Carlos “More Money” Morales will walk you through the five most common types of personal injury claims.
1. Car Accidents
Car accidents are among the most common causes of personal injury claims in Nevada. With the state’s busy highways, including I-15 and US 95 (I-11), accidents occur frequently, often resulting in severe injuries. Nevada is an at-fault state when it comes to car accidents, which means the driver responsible for the accident is liable for the damages.
What You Need to Know:
– Fault and Insurance: In Nevada, drivers must carry liability insurance. This insurance helps cover the damages of others in an accident. If you’re injured in a car crash, Morales Injury Law will file a claim with the at-fault driver’s insurance company. However, if the driver is uninsured or underinsured, your own insurance policy (if you have uninsured motorist coverage) may come into play.
– Types of Injuries: Car accidents can cause a wide range of injuries, from minor cuts and bruises to serious or life-threatening conditions such as spinal cord injuries, traumatic brain injuries, or broken bones.
– Contributory Negligence: Nevada follows a “modified comparative negligence” rule. This means that if you are found partially at fault for the accident, your compensation may be reduced by the percentage of fault attributed to you. For instance, if you’re 20% at fault for the crash, you will receive 80% of the total damages.
How to Protect Yourself:
– Document the accident by taking photos of the scene, exchanging information with the other driver, and getting witness statements.
– Seek immediate medical attention, even if your injuries seem minor. Some injuries may not be immediately apparent, such as whiplash or internal injuries.
– Contact Morales Injury Law to help navigate the complex process of proving liability and negotiating with insurance companies.
2. Slip and Fall Accidents
Slip and fall accidents are another leading cause of personal injury claims in Nevada. These accidents can occur in various settings, including stores, restaurants, office buildings, hotels and casinos, and public places. Property owners have a duty to maintain safe conditions on their premises. When they fail to do so, and someone is injured as a result, they may be liable for damages.
What You Need to Know:
– Premises Liability: In Nevada, the property owner or occupier is responsible for maintaining safe premises. If hazardous conditions, such as wet floors, uneven flooring, or poor lighting, cause an accident, the property owner may be held accountable.
– Common Injuries: Injuries from slip and fall accidents can range from bruises and sprains to fractures, concussions, and spinal cord injuries. Older adults are especially vulnerable to serious harm, including hip fractures or head injuries.
– Negligence and Liability: To prove liability in a slip and fall case, you must show that the property owner was negligent. This could involve showing that the owner knew about the hazardous condition but failed to address it, or that they should have known about it due to the time it existed.
How to Protect Yourself:
– Take immediate steps to report the accident to the property owner or manager, as they may have specific procedures to document the event.
– Gather evidence, such as photos of the dangerous condition and witness statements.
– Consult with Morales Injury Law who can help you determine if negligence occurred and how to prove it.
3. Workplace Injuries
Workplace injuries are a major concern for many Nevada residents, particularly those in construction, manufacturing, or other labor-intensive industries. While Nevada employers are required by law to carry workers’ compensation insurance, this doesn’t always mean that injured workers are fully compensated for their losses. In some cases, a personal injury claim outside of the workers’ compensation system may be necessary.
What You Need to Know:
– Workers’ Compensation vs. Personal Injury Claims: Workers’ compensation benefits are designed to cover medical expenses, lost wages, and rehabilitation costs if you’re injured at work. However, workers’ comp does not allow you to sue your employer directly. In some cases, if a third party (such as a contractor or equipment manufacturer) is responsible for your injury, you may be able to pursue a personal injury claim against them in addition to workers’ comp benefits.
– Types of Injuries: Common workplace injuries include falls from heights, repetitive stress injuries, machinery accidents, and exposure to toxic substances. These injuries can result in permanent disability, loss of income, and long-term medical treatment.
– Third-Party Claims: If a third party caused your injury, such as a negligent contractor or equipment manufacturer, you may have grounds for a personal injury lawsuit in addition to workers’ compensation. This could allow you to pursue additional damages beyond what workers’ comp offers.
How to Protect Yourself:
– Report all injuries to your employer immediately to ensure you receive workers’ compensation benefits.
– Keep detailed records of your injuries, medical treatments, and time missed from work.
– If a third party is responsible for your injury, contact an attorney who specializes in workplace injury claims to explore your options.
4. Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide the standard of care that is expected, resulting in injury or harm to the patient. This type of claim can involve various medical professionals, including doctors, nurses, surgeons, anesthesiologists, and even hospital staff.
What You Need to Know:
– Types of Malpractice: Common examples of medical malpractice include surgical errors, misdiagnosis, birth injuries, anesthesia errors, medication mistakes, and failure to obtain informed consent.
– Proving Negligence: In medical malpractice cases, the burden of proof is high. You must demonstrate that the healthcare provider’s actions deviated from the accepted standard of care and that this negligence directly caused your injury or harm. Expert testimony is often required to establish what the standard of care should have been in your case.
– Statute of Limitations: Nevada law imposes a statute of limitations on medical malpractice claims. Typically, you have two years from the date of the injury or from the date you discovered the injury to file a claim. However, there are exceptions, so it’s important to consult with a personal injury attorney as soon as possible after an incident.
How to Protect Yourself:
– Obtain copies of all medical records related to your treatment, as these can be crucial in proving malpractice.
– Consult with a lawyer who specializes in medical malpractice to determine if you have a viable case.
– Keep a record of how the injury has impacted your life, including any pain, suffering, and lost income.
5. Dog Bites
Dog bites are another common cause of personal injury claims, especially in Nevada, where outdoor activities are popular. Dog owners are generally liable for the actions of their pets, particularly if the dog has a history of aggressive behavior. If you’ve been bitten by a dog, you may be entitled to compensation for medical bills, pain and suffering, and other damages.
What You Need to Know:
– Strict Liability: Nevada follows a “strict liability” rule when it comes to dog bites. This means that a dog owner is liable for injuries caused by their dog, even if the dog has never bitten anyone before. The only exception to this rule is if the victim was trespassing or provoking the dog.
– Injuries: Dog bites can lead to infections, scarring, nerve damage, and emotional distress. In severe cases, the injury could require surgery or long-term care.
– Compensation: If the dog bite occurred due to the owner’s negligence (for example, if they failed to restrain their dog in a public space), you may be entitled to compensation for medical treatment, lost wages, and pain and suffering.
How to Protect Yourself:
– Take immediate photos of the injury and seek medical treatment right away, especially if the wound is deep or shows signs of infection.
– Gather contact information from the dog owner and any witnesses to the incident.
– Work with a personal injury attorney who can help you hold the dog owner accountable and seek compensation for your injuries.
Call Morales Injury Law — We Get You More
If you or a loved one has been hurt due to someone else’s negligence, don’t wait. More Money Morales helps injured victims across Nevada recover compensation for medical bills, lost income, pain, and more.
✅ Free consultations
✅ No fees unless we win
✅ Local experience with Nevada law and courts
📞 Call 702-781-4848 or visit MoralesInjuryLaw.com to get started.