Personal Injury Lawyer Reno

Your Personal Injury Claim: The Necessary Elements

In order to bring a successful personal injury case, there are specific elements that must be present.

You Were Owed a Duty of Care. Owing someone a duty of care simply means having responsibility for their safety in some capacity. For example, when we drive, we owe others on the road the duty of care of driving safely.

That Duty of Care Was Breached. The other party must have breached the duty of care owed to you, which means they failed to live up to their responsibility to your safety. This is where negligence comes in, and common forms of negligence when it comes to traffic accidents include all the following:

• Excess speed
• Distraction
• Exhaustion
• Impairment
• Aggression

The Other Party’s Negligence Caused the Accident in Question. The negligence that the other party engaged in must have been the direct cause of the accident that left you injured. For example, if you were stopped at a red light and another driver – who was texting at the time – plowed into the back of your car, their negligence was the direct cause of the rear-end accident that left you injured.

The expenses you face in the aftermath of being injured by someone else’s negligence can make taking on the expense of a personal injury law firm daunting. However, most reputable personal injury law firms work on contingency, which means their pay is contingent – or based upon – the outcome of the case. As such, they shoulder the financial risk and do not get paid until their clients’ cases settle or receive court awards.

In Nevada, you can seek the percentage of compensation that the other party is responsible for – as long as you are less than 50 percent responsible. This means, for example, that if 10 percent of the fault is assigned to you because you were speeding at the time of the accident that caused you to be injured, you can seek compensation for 90 percent of your damages through the at-fault party’s insurance provider.

You can seek compensation for a wide range of losses – or legal damages – that include all the following:

• Your medical bills
• Your lost income from hours lost on the job
• The pain and suffering you endure

Reno Personal injury cases can cover nearly any kind of injury you endure, but some of the most common include:

• Broken bones
• Traumatic brain injuries (TBIs)
• Soft tissue injuries, such as whiplash
• Spinal cord injuries
• Burns, cuts, and abrasions
• Internal injuries, including internal bleeding

You may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses related to your injury.

When you’re in the market for a Reno injury attorney, you should look for all the following qualities:

• Someone with whom you are comfortable opening up
• Someone who inspires your trust
• Someone who has the kind of experience you’re looking for
• Someone who is accessible and available to you when you need them

If you have questions and concerns about your specific situation following an accidental injury, always consult with Kidwell & Gallagher about your options today.

A personal injury lawyer is a legal professional who specializes in representing clients who have suffered injuries due to the fault of others. Personal injury cases can range from car accidents to slip and fall accidents, medical malpractice, and product liability. A personal injury lawyer will work to ensure that you receive fair compensation for your injuries, including medical expenses, lost wages, pain and suffering, and other damages.

Personal injury in Reno can have serious consequences for victims and their families. If you’ve been injured due to the accident.

To file a personal injury claim, you’ll need to go through several steps after consulting with an attorney.

1. Filing the Lawsuit

The first step in any personal injury lawsuit is to file a complaint with the court. This document will outline your claims against the defendant and set forth the relief you are seeking.

2. Service of Process

Once the complaint is filed, it must be “served” on the defendant. This means that they must be formally notified of the lawsuit and given a copy of the complaint. The defendant then has a certain amount of time to respond to the complaint.

3. Discovery Phase

After service of process, both sides will enter into what is known as the “discovery” phase. This is where each side gathers evidence and information about their case through methods such as depositions and interrogatories (written questions that must be answered under oath).

4. Pretrial Motions/Settlement Negotiations

Once discovery is complete, either party can file pretrial motions with the court (such as a motion to dismiss or a motion for summary judgment). 

Alternatively, both sides may try to reach a settlement agreement through negotiation before going to trial. If no settlement is reached, then the case will proceed to court.

Finding the right personal injury lawyer in Reno can be a daunting task, but it is essential to do your research to ensure that you find the best possible representation for your case. Here are some steps you can take to find the right personal injury lawyer:

1. Ask for Referrals

Ask friends, family members, or colleagues if they know any personal injury lawyers in Reno. Referrals can be a great way to find a lawyer who has a good track record and can provide the legal help you need.

2. Do Your Research

Research personal injury lawyers in Reno online. Look for reviews and testimonials from past clients to get an idea of their experience and success rate. You can also check with the Nevada State Bar to ensure that the lawyer you are considering is licensed to practice in the state.

3. Schedule a Consultation

Once you have a list of potential personal injury lawyers, schedule a consultation with each one. This will give you an opportunity to meet the lawyer in person, ask questions, and discuss your case. Be sure to ask about the lawyer’s experience, success rate, and fees.

If you decide to hire a personal injury lawyer in Reno, here is what you can expect during the claim process:

1. Investigation and Evidence Gathering

Your lawyer will conduct an investigation to gather evidence and build your case. This may include gathering witness statements, reviewing medical records, and consulting with experts.

2. Negotiation with Insurance Companies

Your lawyer will negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries. Insurance companies may offer a settlement, but your lawyer will advise you on whether it is fair and negotiate for a higher amount if necessary.

3. Litigation

If a settlement cannot be reached, your lawyer may file a lawsuit and represent you in court. Your lawyer will work to prove that the other party was at fault and that you are entitled to compensation for your injuries.

In Reno, you generally have two years from the date of the injury to file a personal injury claim. However, there are some exceptions to this rule, so it’s best to consult with a personal injury attorney to determine the timeline for your specific case.

If you’ve been injured in an accident and are filing an injury claim with an insurance company, there are a few things you can do to increase your chances of success. 

First, be sure to gather all the evidence you can to support your claim. 

This includes any photos or videos of the accident scene, witness statements, and any medical records or bills related to your injuries.

Next, it’s important to be as clear and concise as possible when describing the details of your accident and injuries. The more specific you can be, the better. 

Be sure to include dates, times, and locations, as well as a description of how the accident happened and what injuries you sustained.

Finally, don’t be afraid to negotiate. However, before you take this step, contact an attorney. If you have the evidence to build a strong case, you may be able to get the insurance company to agree to your terms before you have to file a claim in court.

If you’re seeking compensation for an injury, it’s best to speak to a personal injury attorney first.

Have you been injured in an accident that wasn’t your fault? If so, you may be entitled to compensation. But do you know what steps to take to receive the money? 

To begin the process, you need to find the right attorney. Make sure they have in-depth knowledge about filing your type of claim. 

Next, you need to define a personal injury lawsuit so you can understand how the process works.

A personal injury claim is a legal case filed by an injured person against a person or entity responsible for their injuries. The purpose of the lawsuit is to recover compensation for the damages resulting from the accident. These damages include medical expenses, lost wages, pain and suffering, and property damage. 

To submit a PI lawsuit, an injured person must first determine who is at fault for their injuries. Once fault has been determined, they can then file a claim with the appropriate court. The court will then review the claim and decide whether or not to award compensation to the injured party. 

It is important to note that personal injury lawsuits can be very complex, and it is always advisable to consult with an experienced attorney before continuing with the process.

There are many different types of personal injury lawsuits. Some common examples include:

• Car accidents
• Motorcycle accidents
• Slip, trip, and fall accidents
• Medical malpractice
• Defective products
• 18-wheeler accidents

When filing a personal injury claim, you need to determine what kind of damages you can recover. There are two types of damages available in most personal injury cases: economic and non-economic damages.

Economic Damages

Damages that are economic in nature have a specific monetary value attached. Therefore, these damages represent medical expenses, loss of income, or property damages. 

Non-economic Damage Payments

Non-economic damage payments are more difficult to assess, but may include the value determined for pain and suffering, emotional upset, or the loss of companionship.

Punitive Damages

Punitive damages are designed, in personal injury cases, to punish a litigant for extraordinarily bad behavior. 

If damages are $100,000 or more, the victim can receive three times the amount in what they’re given in compensatory damages. If the damages fall below $100,000, the victim may receive up to $300,000 in punitive relief.

Once you have determined what kind of damages you can recover, you will need to show the extent of your injuries and their impact on you financially and personally. This will usually require expert testimony from medical professionals and witnesses at the scene of the accident.

When you hire a personal injury lawyer, you don’t owe your attorney for the legal advice and help they provide until and unless your case is settled successfully. If you don’t win your case, you also don’t owe your lawyer. Therefore, one of the best legal values you’ll find today are the services a personal injury attorney provides their clients.

However, people are sometimes reluctant to file a lawsuit after they’re injured by the negligence of another party. They believe they’ll have to pay attorney’s fees and other legal costs they simply cannot afford. 

Personal injury attorneys, though, manage cases on a contingency fee basis. Therefore, this fee is only applicable if your attorney wins your case. At that time, they receive a percentage of your settlement. Whether your case is settled before it goes to trial or the case is tried in a court of law, the contingency fee still applies.

The percentage your attorney receives is based on the settlement amount. Before you pursue a claim then, your lawyer will ask you to sign an agreement that specifies the agreed percentage – provided you win your case. 

If your attorney loses the case, you will not owe the fee. However, you will receive a bill for the costs the attorney incurred while working on your case.

Therefore, you’ll need to review the attorney-client agreement and make sure you understand the terms and conditions before you sign the contract.

In personal injury cases, your attorney usually advances expenses rather than asks you to pay upfront. These costs are added to the contingency fee after a case is won. The attorney-client agreement you sign should spell out these details.

Legal costs for a personal injury claim may include court filing fees, fees for expert witnesses, the costs involved in creating presentations, investigatory fees, and similar expenses. 

Other costs may include faxing and photocopying, paralegal and secretarial support, and phone and mailing charges. Lawyers also include the payments allocated to messengers, court reporters, and researchers.

Because personal injury attorneys only receive payment when they win, they are careful about what cases they choose to pursue. They want to make sure they have a good chance of getting paid. If your case is accepted, it usually means that your lawyer believes they can win your case and succeed.In Nevada, the winning team of Kidwell & Gallagher is ready to review your case right now. Contact them today to learn more about how they can assist you legally.