When you are injured by the negligence or misconduct of another person, you are entitled to collect damages for your injuries. The area of the law that defines and establishes the rules for filing these kinds of lawsuits is called tort law. Within tort law, an injured party files a cause of action against an at-fault party. The injured party claims that their injuries were caused by either the defendant’s negligence or willful misconduct. If you suffered an injury, you may be entitled to compensation. Get help from our Las Vegas personal injury attorney today
You are entitled to collect damages for your injuries.
Types of personal injury lawsuits include:
- Traffic and trucking accidents,
- Wrongful death,
- Product liability,
- Slander, libel, or defamation of character,
- Medical malpractice,
- Assaults or violence,
- Construction or job-related accidents,
- Slip and fall accidents,
- Premises liability.
The Role of Negligence
In the vast majority of personal injury lawsuits, the plaintiff must prove negligence. Negligence has a three-factor test. The three factors that prove negligence are:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached that duty of care;
- The plaintiff’s injuries resulted from that breach.
With the exception of product liability lawsuits, a plaintiff will need to show misconduct or negligence to hold a defendant accountable for their injuries.
Traffic and Trucking Accidents
While one driver may often be the cause of a traffic accident, there are often factors that contribute to any crash where more than one driver is to blame. Nevada comparative negligence laws allow an injured party to collect so long as the defendant is at least 50% at fault for the accident. If you are partly to blame for an accident (let’s say 50% of the blame is yours), you would only be entitled to collect 50% of your actual damages.
Wrongful death lawsuits are an extension of personal injury law. When someone’s negligence or intentional misconduct causes death to another, they are liable under the state’s wrongful death statutes.
Slander, Libel, Defamation of Character
Medical malpractice arises when a doctor fails a reasonable and competent standard of care and this results in serious injuries to their patient. The standard of proving medical negligence generally requires the patient to show that most doctors would have handled the situation differently than the defendant.
Slip and Fall / Premises Liability
In order to prove negligence in a slip and fall case, the plaintiff must show that the defendant either knew or should have known about the dangerous condition. In some cases, the plaintiff’s own actions or lack of awareness contributes to the accident. Nonetheless, the plaintiff is able to collect damages.
What Can I Collect in a Personal Injury Lawsuit
Damages in personal injury lawsuits are divided into economic and non-economic damages. Economic damages include quantifiable costs like missed time from work and medical expenses. Non-economic damages include pain and suffering, emotional trauma, and loss of enjoyment.
In wrongful death lawsuits, a lawsuit can be filed on behalf of both the heirs of the deceased and the deceased’s estate. In most cases, the estate collects economic damages while the heirs can collect non-economic damages.
Find a Las Vegas Personal Injury Attorney
The Las Vegas attorneys at H1 Law Group have helped numerous clients recover money from negligent parties. Give us a call at (702) 608-3720 or contact us online for a free case evaluation.
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