If you’ve been injured in Las Vegas due to someone else’s negligence, it can be particularly important to understand personal injury laws in the state of Nevada. Being aware of the law can help you to protect your rights and seek the compensation you deserve after a car accident, slip-and-fall injury or other damage caused due to another’s lack of care. If you’re fighting with an insurance company or wondering how to move forward with a pile of growing medical bills, you can turn to an injury lawyer in Las Vegas. The following information can help you to understand how the law applies to your case.
Time Restrictions and the Statute of Limitations
If you’ve been injured by someone else in Nevada, you do not have an unlimited period in which to file a claim. The statute of limitations governs the period after an injury that you can file a claim in state court. In most cases, you have two years to file a personal injury claim. Medical malpractice claims are limited to 1 year. If you miss those deadlines your case will likely be barred forever. This is one reason why it is essential to consult with Las Vegas personal injury lawyers as soon as possible after an incident or injury to make a plan to protect your rights.
In some cases, there may be exceptions that alter the application of the rule. If you did not know that you were injured at the time, the statute of limitations might run from the day you discovered the injury. Additionally, the statute of limitations can be tolled, meaning delayed, in some cases: for example, if the victim is under 18 or if he or she is mentally incompetent.
Understanding Fault in Nevada
After you were injured due to someone else’s negligence, you may view the other party as entirely at fault for the damages caused. However, the other party and their insurance company may try to reduce your claim by arguing that you are partially or mostly responsible for the damages. Nevada uses a modified comparative fault rule, which means that damages can be reduced by the percentage the victim is found at fault due to their actions.
If the injured party is considered less than 50 percent at fault, their award for damages may be reduced by that percentage. If the injured party is regarded as 51 percent or more at fault, his or her award will drop to zero. Therefore, insurance companies may attempt to make a wide variety of claims to show that you bear the responsibility for your injuries. By working with an injury lawyer in Las Vegas, accident victims can present a strong narrative and refute claims of comparative fault.
Traffic Laws in Las Vegas
The traffic laws are critical in determining fault in a personal injury case related to a motor vehicle accident. In many cases, the party violating traffic laws will be found at fault for the crash.
For example, drivers must obey traffic lights, signs and signals; running a red light or speeding through a stop sign are strong indicators of driving negligence. Texting while driving or making a call on a handheld phone are also reliable indicators of negligent and distracted driving.
Motorcyclists are also bound by the traffic rules that apply to drivers; this means that they cannot drive between lanes or “lane-split.” They are also required to wear a helmet on the road. Pedestrians and bicyclists also must abide by the rules of the road. While pedestrians in crosswalks have the right of way, those crossing outside designated areas must yield to vehicles.
While traffic laws can be relevant to establishing fault, they can also be used in an attempt to highlight minor issues to excuse much greater wrongdoing by a driver. For example, consider a case in which a pedestrian was hit by a driver while crossing outside a crosswalk. The driver may attempt to argue that the pedestrian was negligent in crossing; however, drivers are always required to exercise due care and remain alert for people crossing the road.
Premises Liability Law in Nevada
Many people may be injured at casinos, shopping malls, and other Las Vegas attractions when property owners fail to maintain and secure their premises properly. Under state law, you can recover damages when you are hurt due to someone else’s unsafe property.
While slip-and-fall accidents are among the most common types of premises liability claims, especially when businesses fail to maintain their floors or clean up spills and debris, many serious injuries can happen on someone else’s property. The owner must keep their property inspected and safe for others, repairing dangers before anyone is hurt.
Call the Best Personal Injury Lawyer Las Vegas
If you’ve been injured because of a dangerous driver, a negligent property owner or an incompetent medical professional, the best personal injury lawyer Las Vegas can fight for the compensation you deserve. The experienced Las Vegas personal injury lawyers at The Schnitzer Law Firm have a long track record of success in negotiating settlements with insurance companies and winning substantial judgments in court. Call The Schnitzer Law Firm at 702-960-4050 or use our simple online form to set up a consultation with no obligation.