FAQs

Personal Injury Lawyer in Elko

If you were injured in an accident, you might be desperate for answers. You want to focus on healing and recovery, but you don’t know where to turn for help. Get guidance from a personal injury lawyer at Kidwell & Gallagher, Ltd. With extensive experience working in Reno, Nevada, we know what it takes to get you fair compensation for your injury. With more than 16 years of experience both in the courtroom and in negotiations, our lawyers can build a winning case that gets you results.

Pursuing a personal injury claim may seem overwhelming. We offer guidance throughout the legal process, explaining complex legal matters and ensuring your voice is heard.

Personal Injury Assistance throughout Northern Nevada


What Should You Do If You Are Injured?

If you were recently in an accident at work, in the community, or on the road, follow these steps:
  1. Seek medical care.
  2. Write down everything you remember about the accident. Include names and contact information for witnesses and police officers at the scene.
  3. Take pictures of the scene. If you were in a car accident, take pictures of your car and the other cars involved. If you tripped over an object on the sidewalk, take a picture of the object.
  4. Do not make any statements to insurance company representatives until you talk to a lawyer from Kidwell & Gallagher.
By following these steps, you can gather evidence to help your case. Each personal injury lawyer at Kidwell & Gallagher, Ltd. uses this evidence and other resources to fight for your rights.

Our lawyers have represented clients in all court levels, from Reno, NV district courts to the state supreme court. Despite our extensive trial experience, we are a smaller firm that aims to stay personable and approachable.


WORKER'S COMPENSATION FAQ's


When Should I Hire An Attorney?

It is advisable to hire an attorney as soon as possible to handle your case. Often times, your employer or insurance provider will not be looking out for your best interest. For this reason, it is essential to seek professional legal counsel and representation from a team who can help you protect your interests as soon as possible.

What Benefits Am I Entitled to in Nevada?

The State of Nevada's worker compensation department provides three major types of compensation. These are:
1. Medical benefits to treat an injury
2. Lost wages benefits in the event that an employee is unable to work or can only work reduced hours.
3. Permanent disability benefits to compensate for a permanent physical injury or impairment.

Who Pays for My Benefits?

An insurance company hired by your employer or the employer itself will pay for your benefits should they be awarded.

How Much Will I Be Paid When I Am Off Work?

In the state of Nevada, injured persons must be compensated after missing more than 5 days of work as instructed by a doctor. If your doctor decides that you are totally unable to work, you are entitled to 66 2/3% of your average weekly wage. This type of compensation is called total disability (TTD) benefits. In circumstances where you can still partially work, you are entitled to receive 2/3 of the difference between what you actually earn, and what you would have made if you had not been injured. This type of compensation is called temporary partial disability (TPD).

I Have an Old Work Injury. Can I Reopen My Claim for More Medical Treatment?

In the State of Nevada, yes. However, the right to reopen an old work injury case for more medical treatment is only applicable to injured employees who missed work due to their injuries or received a Permanent Partial Disability award for the claim.


PERSONAL INJURY FAQ's


How Much Does it Cost to Hire Kidwell & Gallagher?

Our team only charges legal fees if your case is successful. If our attorneys do not recover for you, we will not charge you attorney's fees.

Will You Give Me a Preliminary Evaluation of My Case Before You Are Retained?

Our attorneys will be glad to give you a preliminary assessment of your case free of charge. However, our preliminary evaluation is limited as your case develops and we become aware of more facts and values concerning your case.

How Long Do I Have to Take Legal Action?

The time window for taking legal action depends greatly on the specific facts of your case. To ensure that you aren't too late in taking legal action, we strongly advise that you contact our firm as soon as possible for more information regarding your case.

How Do I Know How Much My Case Is Worth?

The worth of a specific case will always vary. Case worth is determined by a wide range of factors, including the nature and extent of the injury in question, lost wages, whether there is "comparative fault" and many other factors.

If I Miss Work Due to Case-Related Injuries, Will I Be Compensated?

In the state of Nevada, injured persons must be compensated after missing more than 5 days of work as instructed by a doctor. If your doctor decides that you are totally unable to work, you are entitled to  66 2/3% of your average weekly wage. This type of compensation is called total disability (TTD) benefits. In circumstances where you can still partially work, you are entitled to receive  2/3 of the difference between what you actually earn, and what you would have made if you had not been injured. This type of compensation is called temporary partial disability (TPD).

What Other Damages Am I Entitled To?

In the event of an auto accident, workplace injury, personal injury, or other accident, you may be entitled to receive damages in the form of medical bills, lost wages,  loss of consortium, and loss of enjoyment of life. The damages you receive and the extent of these damages are determined by the specifics of your case.

Can I Still Get Medical Attention if I Don't Have Medical Insurance?

If you have medical insurance, we recommend using it to get medical attention. However, if you have no medical insurance there still may be ways of getting the medical care you need. Our legal team would be happy to sit down with you to discuss these alternate avenues.

How Long Will My Case Take?

In cases involving injury, resolution is greatly dependent on the time it takes for you, the victim, to be properly treated. Only then can the value of your case be determined. Once a case is resolved, the injured person must sign a release of liability agreeing to longer attempt to recover money from the insurance company or the party responsible for causing the injury. For this reason, it is important to know just how much treatment you will need to recover fully before your case is resolved.

AUTOMOBILE ACCIDENT FAQ'S

If Both Myself and the Other Driver are at Fault, How Much Can I Recover In Damages?

Nevada state law stipulates that each driver is responsible for his or her own fault. In an auto accident where each of you is 50% at fault, you can recover 50% of your total damages. 

Can I Recover Damages if the Person Who Caused the Accident is Uninsured?

In most cases, yes. Most insurance providers have a stipulation for such instances, and will cover damages caused by an insured party to their policyholder. 

If I am the Victim of a Hit and Run, Can I Recover?

Most insurance policies will cover their policyholders in the event of a hit and run or accident with an unidentified vehicle. 

Can I Recover Damages Against a Drunk Driver in Addition to the Usual Damages?

You can argue punitive damages against a drunk driver. As their name suggests, punitive damages serve to punish a person whose conduct deserves punishment and can be very substantial. Punitive damages are typically limited to intentional acts; however, in certain circumstances, they may also be recovered against drunk drivers.
If you’ve been injured in an accident, call a personal injury lawyer to discuss your case: (775) 738-1000.
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