In order to recover financially for your losses with a personal injury claim, four specific elements must be present.
To begin with, the party who caused you to be injured must have owed you a duty of care, to begin with, and this refers to having a responsibility for your safety. One of the clearest examples of this duty of care owed is the responsibility motorists have for one another’s safety. When you get behind the wheel of your car, you owe everyone with whom you share the road a significant duty of care that includes adhering to the rules of the road.
Further, the other party must have failed to live up to the responsibility they owed to you in some way. For example, if you were injured in a car accident in which the other driver was engaged in any of the following common forms of driver negligence, it amounts to the other driver breaching the duty of care owed to you:
Although personal injury claims come in many forms, they are all based on the negligence of the at-fault party.
The at-fault party’s negligence must have directly caused the accident your claim is based upon. For example, if a speeding driver rear-ends your vehicle because they didn’t allow themself enough traveling distance to avoid hitting you in the event that traffic slowed or stopped, their negligence was the direct cause of the rear-end accident.
If you’re injured by someone else’s negligence, you can seek compensation for a wide range of losses – or legal damages – you experience as a result of the accident.
If you are injured in an accident, you will very likely need medical attention, which translates to medical expenses, and some of the most common include:
If your injuries are serious, you may face ongoing medical expenses related to secondary health concerns, complications, or both.
While you are recovering from the physical injuries you’ve sustained, your income can be seriously curtailed – while your medical bills continue to mount. If your earning potential or the trajectory of your career is affected, the financial effects can be even more considerable, and there can also be an emotional component to your losses.
Pain and Suffering
The emotional and physical pain and suffering associated with being injured by someone else’s negligence can be difficult to process and surmount. Many victims of dangerous accidents experience considerable emotional consequences, such as the following:
These emotional consequences can put up a barrier between accident victims and their support systems – just when such support is most important.
In order to obtain the compensation to which you are entitled, your physical, financial, and emotional losses must be clearly outlined in your claim, and a practiced personal injury attorney can help you with that.
The seasoned personal injury attorneys at Kidwell & Gallagher have more than 30 years of combined experience guiding challenging cases like yours toward favorable resolutions that support our client’s rights and best interests. Our accomplished legal team’s focus is on building your strongest claim in pursuit of your just compensation, including:
While it’s very true that the at-fault party’s insurance provider is responsible for handling your claim, it’s also profit based, which means you should expect it to do what it can to keep your settlement as low as possible. Some of the methods it may turn to include:
Your dedicated personal injury attorney will be well prepared to address whatever the insurance company throws your way. And it’s important to understand that – if the insurance company is not interested in proceeding with good-faith negotiations – you’ll turn to the law to make the final determinations. The insurance industry is held to exacting legal rules and regulations that are designed to help those injured by the negligence of others obtain fair compensation.
The insurance company handling your claim may attempt to convince you that you bear some of the responsibility for the accident that leaves you injured. While this may or may not be true, it’s important to understand that, in Nevada, you are not barred from seeking the percentage of compensation that the other party is responsible for as long as you are determined to be less than 50 percent responsible. This means that if the other party is determined to be 90 percent responsible, you can seek compensation that covers 90 percent of your covered losses in your personal injury claim.
At Kidwell & Gallagher, we have decades of combined experience helping clients like you recover for their complete losses – in pursuit of their most complete recoveries. Our dedicated legal team is committed to providing you with personalized service that bolsters your peace of mind during this difficult time.
18 Wheeler Accidents
We have multiple Five Star Reviews from happy clients on Google.
After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medical bills and went above and beyond to make me happy. If you ever find yourself in the same situation I was in, call her, you won’t regret it.
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. If you ever find yourself needing an attorney after an accident Barbara Gallagher is top notch and no one will fight harder for you. All in all 10/10 for this office.
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would, of course, hope to never need them again, but would not hesitate to consult, and hire them. Barbara Gallagher, in particular, was relentless in pursuing the PI portion of the case, which was the tougher part.
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappointed.
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
With over 45 years of combined experience representing clients nationwide, our team is dedicated to help our clients and our community. We also have two bilingual staff members to accommodate your needs!
When you schedule your free consultation with a personal injury lawyer in Elko, Nevada, you should come prepared with specific questions for us to address.
Without the legal counsel of an accomplished personal injury attorney on your side, obtaining the just compensation you need to recover as fully as possible becomes far less likely.
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 attorney daunting. However, most reputable Elko personal injury attorneys 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:
Personal injury claims can cover nearly any kind of injury you endure, but some of the most common include:
When you’re in the market for a Elko attorney, you should look for all the following qualities:
If you have questions and concerns about your specific situation following an accidental injury, always consult with Kidwell & Gallagher about your options today.