Personal injury law encompasses an expansive class of injury claims arising from anything from slip and falls to assaults. Obviously, the largest category of personal injury claims arise from auto accidents. The injuries or “damages” that a plaintiff can seek compensation for are expansive but generally include medical bills, lost wages/future earning capacity, pain and suffering and damages for diminished quality of life. Fortunately, the law protects individuals who are injured as a result of the intentional, reckless or negligent acts of another. In fact, in some cases, a defendant can be held “strictly liable” for the injuries of another even where the defendant did not intentionally or negligently cause the injuries. As an example, strict liability can arise if injuries are caused by dangerous animals or inherently dangerous activities such as dynamite blasting. Although auto accidents are the most common events that result in a personal injury claim, they can also arise from an assault/battery, defective products, dangerous drugs, animal attacks, medical malpractice, slip and falls (“premises liability”) and work accidents. Generally speaking, to recover in a personal injury lawsuit a plaintiff must establish that a defendant acted negligently and that such negligence caused the plaintiff injuries.
There is no established formula or assigned value for a personal injury claim. There are many variables that are considered in the valuation of a personal injury claim. These variables include, but are not limited to, property damage, medical expenses, prescription drug costs, out of pocket expenses, the severity of the injury, the age of the plaintiff, the permanence of the injury, wage loss, loss of future earning capacity and the impact on the plaintiff’s quality of life. As an illustration, two individuals of the same sex, same age, same health and same career may suffer the same injury but have personal injury claims with substantially different values. An example of when this would occur would be where the two individuals have different lifestyles, i.e., the first individual is an avid sportsmen/outdoorsmen and the second individual leads a relatively sedentary lifestyle. If they both suffer a serious arm injury with permanent effects the impact of the injury on each individual’s quality of life would be substantially different resulting in substantially different values of their respective claims. Moreover, the valuation of personal injury claims can also be impacted by unknown variables versus the foregoing articulableor “known” variables (e.g., lost wages, medical expenses, repair costs for a vehicle, etc.) Unknown variables could include the perspectives of a particular insurance claims adjustor or drawing a particularly conservative or liberal jury. The value of a personal injury claim is often negotiated between a claims adjustor (who is specifically employed to keep personal injury settlements as low as he or she can) and your lawyer. Thus, the attorney you choose to hire could ultimately impact the value of your personal injury claim. This is why you want to make sure that you hire an experienced and committed Las Vegas Personal Injury Lawyer to fight for your interests. You want to make sure that your lawyer is fighting to get you as much as possible, not to fold for a quick and easy payday.
Personal injury claims can be resolved quickly or take years. The timeframe is dictated by a number of factors including both the resolution of your injuries (you cannot submit a claim until you know what it is worth) as well as the quality of the law firm you entrust your case with (some law firms will seek a quick resolution to make a quick buck). If you or a loved one has been injured, please contact The Hayes Law Firm to schedule an appointment to meet with a Las Vegas Personal Injury Lawyer for a free and confidential consultation. We promise that you will personally meet with an experienced Personal Injury Attorney, to discuss the many variables your personal injury case will involve.
Our Practice Areas
Nevada roadways are becoming as congested as California roadways. New arterials like the 215 Beltway become insufficient as quickly as they are constructed. Read More
There are few things as frightful as being involved in a motorcycle accident. As one would expect, there are many ways a motorcycle accident can occur. Read More
The American Burn Association states approximately 450,000 patients receive hospital and emergency room treatment for burns annually.There are roughly 3,400 burn Read More
The death of a loved one can cause disruption and grief that extends far beyond the bereavement for the loss.Surviving loved ones can be left with substantial Read More
When a defective and dangerous product is the cause of personal injury or death, the manufacturer of the product, the distributor of the product, and/or the retailer . Read More
Premises liability is a legal concept that usually involves personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property. Read More
Brain injuries can result in unpredictable consequences and can turn lives upside down in the matter of seconds. Acquired brain injuries are the type of brain injuries Read More
According to the Center for Disease Control, approximately 4.5 million dog bites occur every year in the United States. Nearly 1 in 5 bites become infected and the same Read More