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 medi...
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. I...
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,...
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 disappo...
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.
If you have been injured in an accident or due to negligence, you can file a personal injury lawsuit. Before you do that, you need to be aware of several things.
The first thing to be aware of is whether or not you have the standing to bring a lawsuit. Standing means that you are the proper person to file. In NV, not everyone has the standing to bring a personal injury lawsuit. Some people who can bring a lawsuit include:
Consider if you have a case based on these criteria.
You will also need to make sure that you are within the statute of limitations for your case. The statute of limitations is the time period in which a case can be filed. In Nevada, the statute of limitations varies depending on what kind of personal injury case you are filing.
If your event happened within the statute of limitations, you may have a case.
Like most states, Nevada has caps on how much you can seek in monetary awards when it comes to your personal injury lawsuit. Since there are different kinds of lawsuits and different kinds of damages that can be sought, there are different damage caps.
These damages are designed to compensate you for your losses due to your injury. Those damages can include actual and general damages. Compensatory damages don’t generally have a cap, except in some medical malpractice lawsuits.
These damages are set on the plaintiff as a way to punish them for their actions. They are generally given in cases of fraud, malice, deliberate negligence, or intentional action. In the case of punitive damages, the jury can award up to three times the compensatory damages that you were awarded in your case. There may be some exceptions when it comes to medical malpractice.
You also need to be aware of Nevada’s stance on shared fault. This is when both you and the other party hold some liability in the accident which caused your injury. For example, if you were injured in a car accident due to someone speeding through an intersection, but you were turning illegally on a red light, you would share some fault in your injury. The judge is the one who assesses that fault.
If the court finds that you share the fault, that will limit your damages, as long as your shared fault is under 50. The judge will divide your monetary award depending on what your fault is assessed to be. For example, if you have been awarded $100,000 and the judge says that you share 35% of the fault, then you will be entitled to $65,000 of the award or $100,000 minus 35%. Come see us if you have been injured due to an accident, medical malpractice, or crime. Our attorneys at Kidwell and Gallagher will take a look at your case. We can tell you if you meet all the criteria to file a personal injury lawsuit and what all your options are. You have been injured, and we can help you get what you may be entitled to because of your injuries.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.