Personal Injury 101: How to File a Personal Injury Claim

If you have been injured due to the negligence or carelessness of someone else, you may be entitled to compensation for your injuries, lost wages, and medical bills. You may even be eligible to receive compensation for the pain and suffering your injuries have caused, according to injury attorneys Las Vegas. However, filing a personal injury lawsuit can be complicated as no two cases are the same. Your compensation may also depend on the severity of the injuries, proving that someone else was at fault and that they were negligent as well as insurance coverage that may be available. These suggestions can help you prepare for a personal injury lawsuit based on advice from Las Vegas personal injury attorneys.


Determine Elements of Personal Injury

The first thing that must be determined, according to injury attorneys Las Vegas is to prove the four elements of personal injury. The person you plan to sue must have had a duty to keep you from harm, and they must have breached that duty in some way. Once you have determined that someone breached their duty of care, you must prove that the breach of duty caused your injury. Finally, you must prove that you have damages due to those injuries. The best way to determine if you were injured and have suffered damages is to see a medical doctor as soon as possible after the accident to document your injuries.


Don’t Talk to the Insurance Company.

If the other person is covered by insurance, do not give discuss the case with their insurance company without speaking to Las Vegas personal injury attorneys. Insurance companies will attempt to pay out as little as possible, so they often try to take advantage of those who are not working with an attorney. It is also vital that you do not give a recorded statement to the insurance company. Agents are trained to ask specific and sometimes deceiving questions. Be sure to talk to an attorney before giving any statements to an insurance company.


Be Aware of the Statute of Limitations

In Nevada, you have two years from the date of your injury to file a claim for most personal injury claims. This is known as the statute of limitations. If you wait to submit your personal injury claim for too long, you may not be able to file it at all. Even one day past the statute of limitations and a judge will dismiss the case regardless of the evidence you have. Las Vegas personal injury attorneys are conscientious about filing claims long before the statute of limitations expires as long as you contact them in time. Keep in mind that your lawyer will want to do some investigating as well, so be sure you speak to them in plenty of time to file before the statute runs out.


Going to Trial

Once you have hired an attorney, you will want to determine if there is an opportunity to settle your case with the defendant or you will need to go to trial. A settlement is when you and your attorney come to a mutual agreement with the other party regarding your damages. This is often the best solution and is very common in personal injury lawsuits. However, your attorney may feel that the settlements offered by the other party are not in your best interest. This means you may be required to go to trial. This can take a significant amount of time. It can also be very stressful as judges or juries may not make decisions in your favor. When you decide to file a personal injury suit, you want to choose a lawyer with trial experience, should your case end up in court.

If you have been injured in an accident, contact the injury attorneys Las Vegas residents trust at the Schnitzer Law Firm to learn what rights you may have. You can arrange for a no-obligation consultation by calling 702-960-4050, email us at or fill out the secure online form today.