No one ever expects an accident, and it can happen in an instant. However, the timeline of events after being injured in an accident can take place over a much longer period of time. It is important to understand the various aspects of your case and what steps are necessary to get to a settled claim. Ladah lawyers are skilled at personal injury law and are here to help you through every step of your claim.
Immediately Following an Accident
If you have been injured in an accident, the most important thing for you to do immediately afterwards is seek medical attention. Regardless of whether it was a car, truck, or motorcycle accident, slip and fall, trip and fall, dog bite, or any other type of accident, you need to be checked out by a medical professional right away. Even if you do not believe that you are seriously injured, a doctor can properly document your injuries at the time of the accident so that later on you know that you are getting fully compensated for your claims.
Days Following an Accident
In the days following an accident, you need to seek out an experienced and knowledgeable personal injury attorney who has a proven track record of handling these types of claims. After contacting a qualified car accident lawyer, the law firm will begin its own independent investigation into your accident. Most personal injury law firms have private investigators on staff or at their immediate disposal to investigate your side of the story. They will revisit the scene of the accident, take witness statements, record the scene and injuries with photo and video, follow up with police reports, review documents, and more.
Investigating the accident independently ensures that the insurance company is not minimizing details of the accidents or withholding information that could result in more compensation for your injuries. You can also help in this aspect of the case by telling your attorney everything that you remember about the accident, and try not to leave out any details about what you recall. For example, if you injure yourself on a wet floor, attempt to include all information about the location of the accident, the time of day, and everything else you remember . Your attorney will also review all pertinent medical records, which is why seeing a doctor immediately after an accident and going to any necessary follow-up appointments are both important steps.
Weeks Following an Accident
Once the research and independent investigation into your accident is complete, your attorney will begin negotiations with the liable party and their insurance company for a full and fair settlement of your claims. Typically, this begins with your attorney making an initial demand to the insurance company and beginning the negotiation process.
A demand is not usually sent out until you have reached maximum medical improvement, which is why it may take weeks or months to reach this step in the case. This point of recovery is important because it informs your attorney of the maximum amount of compensation that you are owed. If the demand is sent early, you will not be fully compensated for your claims.
It is also at this point that your attorney will attempt to come to a full and fair settlement with the insurance company for your injuries. If an agreement can be reached between you, your lawyer, and the insurance company then the case ends here. If settlement terms are not agreed to, the case moves on to the next step in the timeline.
Months to Two Years Following the Accident
If negotiations fail between your attorney and the insurance company, then the case will move on to trial. In Nevada, an injured person has two years from the date of the accident to file a lawsuit in court. After the lawsuit is filed, the case moves into the discovery process. During this time, attorneys on each side of the case investigate the other’s claims. This includes answering written questions, called interrogatories, releasing medical records, answering questions in person, called depositions, and more. Discovery can take anywhere between six months to one year, depending on the complexity of the case.
Once the discovery period ends, the lawyers will typically begin another round of negotiation before the trial starts. At this point, both sides of the case have the full facts that will be released at trial as well as have a full understanding of both fault and total damages. The majority of cases that are not settled in the first round of negotiations are typically settled with a full and fair settlement in this round of negotiations. However, if a settlement cannot be reached, then the case moves to trial.
More than Two Years Following the Accident
If the second round of negotiation fails, your personal injury case will move onto trial. Personal injury cases typically last a couple of days to a week or more in trial, depending again on the complexity of the case. Both sides have the opportunity to present their evidence to a jury, and the jury will then decide liability in addition to the possible damages in the case. Except in very specialized circumstances, a jury’s ruling is binding, even if it is not favorable to the injured person. It is at this point that the timeline of the personal injury case ends.
Call Our Office Now
Call the office or contact us today in Las Vegas for a free and confidential review of your personal injury claims. Our attorneys at the Ladah law firm are knowledgeable in all kinds of personal injury cases and can help you get full compensation for your case.
How Long Will it Take to Determine if I Have a Case after an Accident in Las Vegas
People are injured every day, but not all accidents are viable personal injury cases in the eyes of the law. It can take time to determine whether a case exists after an accident that is dependent on the facts of the case, the types of injuries, and the parties involved. The Ladah law firm knows what types of facts make up a good personal injury case and can quickly determine whether your claims are compensable in a Nevada court for your injuries sustained while visiting Las Vegas.
Determining a Traffic Accident Case
Usually, it does not take long to determine whether a case exists after a traffic accident. In almost every case, your lawyer will interview you regarding your memories of the accident and will perform a cursory review of your case. This may include a quick visit to the scene of the accident in addition to review of the police and witness statements to determine the liability and damages involved in the case.
Determining a Premises Liability Case
Determining the viability of a premises liability case is a fairly straightforward process. Your attorney will conduct interviews regarding your recollection of events and may conduct a brief investigation of the premises where the accident took place. However, sometimes this process can take longer if the owner of the premises decides to be difficult and make it harder for an investigation to take place.
Determining a Wrongful Death Case
A wrongful death lawsuit typically takes the longest time period to determine. This is because outside entities such as the police, workplace agencies, government organizations, and others fully investigate all accidents that result in a death, which can take weeks, months, or even years to complete. In addition, criminal charges may be brought against a liable party that can help determine whether a viable wrongful death case exists.
Our Attorneys Can Help
The immediate aftermath of an accident can be a very confusing time, but the personal injury attorneys at the Ladah law firm in Nevada are here to help. Call the office or contact us today for a private and free review of your case to determine if you have a viable claim for compensation. Our track record is superb, and our office has helped clients in Las Vegas, Clark County, and the surrounding area with their personal injury needs.
Legal Deadlines to Follow and Be Aware of After Your Injury in Las Vegas
If you have been injured in a slip and fall or auto accident, you have the right to collect compensation from the person or parties involved. However, the law does not allow you to wait forever to file a lawsuit against those responsible. There are legal deadlines that you must be aware of in any personal injury or wrongful death case. At Ladah, our attorneys understand the technical legal aspects of a personal injury case and can help you through your claim.
Filing an Injury Claim
While Nevada law does not provide for a legal deadline to file an injury claim with the insurance company, the timing of this filing can have an effect on your overall case. You do not want to submit an injury claim immediately after the accident because you do not know the full extent of your injuries. However, if you wait too long after the accident to file a report with the insurance company, your claims may look suspicious.
Filing a Personal Injury Lawsuit
Under Nevada law, you only have a certain amount of time from the date of the accident to file a lawsuit against the other parties involved. This is known as the statute of limitations, and NRS 11.190 states that “actions . . . may only be commenced as follows: within two years . . . an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.”
However, there are certain instances where the statute of limitations may be extended when a person is injured or killed in an accident. Under NRS 11.250, “If a person entitled to bring an action . . . be, at the time the cause of action accrued, either: within the age of 18 years, or insane, or in the custodial care of the State, if placed in such care while less than 18 years of age, except when the person is imprisoned, paroled or on probation, the time of such disability shall not be a part of the time limited for the commencement of the action.”
Filing a Premises Liability Lawsuit
There is a different set of limitations that are applied to the filing of a premises liability lawsuit if the injury or wrongful death was caused by deficiencies in construction of improvements to real property. Under the law, NRS 11.202 states that an accident caused by willful conduct or fraudulent concealment has no statute of limitations that an injured person must file by in order to have a valid claim.
For injuries or death arising from known deficiencies, NRS 11.203 states that “notwithstanding the provisions of NRS 11.190 . . . if an injury occurs in the tenth year after the substantial completion of such an improvement, an action for damages . . . may be commenced within two years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 12 years after the substantial completion of the improvement.”
If the accident was caused by latent deficiency in the property, NRS 11.204 asserts that “action for damages . . . may be commenced within two years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 10 years after the substantial completion of the improvement.” Furthermore, if the accident was caused by patent deficiencies, then NRS 11.205 states that “an action for damages . . . may be commenced within two years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than eight years after the substantial completion of the improvement.”
Gathering Information during Discovery
If your case proceeds to trial, the information gathering phase is known as the discovery period. This is a period of time set by the court that you are given to collect all of the information possible about the case. Usually, the court sets a legal deadline of six months to one year for you to interview witnesses, issues interrogatories, complete depositions, review medical records, and look at any other documents that may be relevant to your case.
Our Attorneys Are Here to Help
If you or a loved one has been injured in an auto accident or casino accident in the Las Vegas area, let the experienced personal injury attorneys at the Ladah law firm help. Call the office or contact us today for a free and confidential consultation of your case.
What to Expect at a Las Vegas Injury Trial
While the large majority of personal injury cases settle out of court, you may need to go to trial if you are unable to reach a favorable agreement via settlement negotiations. Going to trial may seem intimidating, however, the process does not have to be daunting if you are represented by an experienced personal injury trial attorney who knows how to fully prepare you for court. You may not have to attend all court dates, such as evidentiary hearings or similar matters that may be handled by your attorney, but in most cases it is important that you attend your trial. If you do not attend your trial, it will be difficult for a jury to grasp the extent of your injuries or the importance of an adequate financial award to your well-being.
Will you have to testify?
It is not always necessary for a plaintiff to testify at a personal injury trial. However, if fault in the accident is contested or there is a question regarding the full effects of your injuries, it will be important that you take the witness stand and tell your side of the story to the jury. A skilled attorney will have you undergo extensive preparation for your testimony so you will know what to expect and can avoid getting flustered or showing uncertainty on the stand.
Your lawyer will have you go over any notes, reports, or other documents that support your side of the story so that you can accurately and clearly articulate what happened in a consistent manner with any supporting evidence. You will also go through the questions that your attorney plans to ask you so that you are not surprised on the day of trial. Though you cannot know for sure what the defense lawyer will ask you, your attorney may try to predict certain questions so that you can practice handling potentially adversarial cross-examination.
Other common preparations for trial
Your testimony is not the only thing that will have an impression on the jury as they will likely be focused on you through most of the trial. For this reason, your attorney may prepare you on how to dress, how to act, where to go, when to arrive, and more throughout the trial process. Your personal injury lawyer should further take you step-by-step through the trial process so that you know what is coming next.
We’re Experienced At Going To Trial
If you have suffered any type of injury in an accident, it is important that you consult with a Las Vegas personal injury lawyer who has experience in court and understands how to fully prepare a plaintiff for trial in case you are unable to settle out of court. You should never hesitate to call a skilled car accident attorney to discuss the specifics of your case.