A moment of careless or reckless behavior may cause an accident that has serious and long-term consequences for someone’s life. If you have been hurt in this type of situation and are struggling to deal with the resulting injuries, it is important to reach out to an experienced Las Vegas personal injury attorney who can help you decide whether you should pursue legal action against any party that may have been responsible. Each situation is unique, and Malcolm P. LaVergne knows that it is important to investigate the full scope of your injuries and seek compensation for everything that you may be due. He can assist people who need a car accident attorney or representation in other types of personal injury claims.Pursuing a Personal Injury Claim for Compensation
Some of the situations in which a personal injury case may arise include motor vehicle collisions, faulty consumer products, construction accidents, and medical malpractice. In some tragic instances, an accident may prove fatal for a victim, and their family may wish to consider bringing a wrongful death claim.
To receive compensation, a victim usually will need to prove the elements of a negligence claim. To establish negligence, they must demonstrate that it is more likely than not that they were owed a duty of care by the defendant, the defendant breached the duty of care, the defendant’s breach was a direct cause of their injuries, and they sustained quantifiable damages.
In some accident cases, the plaintiff may have been partially at fault. To account for this, Nevada follows a modified comparative fault rule. Under this rule, the plaintiff’s total award for damages will be reduced by their percentage of fault, if any. For example, if a defendant driver was 80 percent at fault for running a red light, while a victim was 20 percent at fault for speeding, the victim would be able to receive 80 percent of their damages. If they were able to prove that they sustained $150,000 in damages, they would be able to receive up to $120,000.
If a defendant’s negligence is established, a plaintiff may seek both economic and non-economic damages from the at-fault party. Economic damages are intended to compensate the victim for their out-of-pocket costs, whereas non-economic damages compensate for non-monetary losses that are harder to quantify. Examples of economic damages include medical expenses, property damage, lost income, and rehabilitation costs. Non-economic damages may account for items such as pain and suffering, disability, and disfigurement.
Like other states, Nevada imposes a time limit in which personal injury claims must be filed, known as the statute of limitations. Generally, a plaintiff has two years from the date of the accident to file a lawsuit in the civil court system. It is also important to pursue legal action as soon as possible so that your attorney can conduct a thorough investigation and gather the evidence that you will need to prove your claim.Explore Your Options with a Personal Injury Attorney in Las Vegas
If you have been injured in an accident that was not your fault, you may be entitled to compensation for your harm. At Malcolm P. LaVergne & Associates, we can aggressively advocate for your rights at every step of the way. Las Vegas personal injury lawyer Malcolm P. LaVergne represents victims in Henderson, Mesquite, North Las Vegas, Boulder City, and other communities in Clark County. To learn more about your legal rights and options, contact us online or call us at 702-448-7981 to set up a free consultation. Malcolm P. LaVergne also can assist Nevada residents who need a family law or criminal defense attorney to protect their interests.