Various Injuries

When Should a Victim Pursue an Injury Claim?

Just the act of living creates opportunities for individuals to be injured. An individual may literally be doing nothing more than enjoying a cup of hot tea at their favorite restaurant and become injured (ie. Falling ceiling tile, waiter spills hot coffee, etc.). Every time an individual is injured due to the neglect of someone else, they have the right to just and fair compensation. Sadly, lots of people never get this compensation. There are a couple of things which each and every accident victim should contemplate before brushing off the odds of filing a claim.

Is there a Difference between Claim Types?

Yes. The Term “personal injury claim” doesn’t necessarily apply to all injuries in all scenarios. A psychological injury would be treated much differently than a physical injury. Many of the best personal injury lawyers in Las Vegas would agree and point out the futility in making a big deal over certain small injuries, such as burns or scrapes , that do not influence a person’s ability to work as normal. This can be true in most injury cases. If a person sustains a cut which requires no treatment, it seems frivolous to bring a personal injury case forth. The injury realm is not always so black and white, although this may seem obvious.

What to Consider for Personal Injury Claims

The simplest factor for an individual to think about when determining whether to file a personal injury claim or not, is if another individual’s negligence contributed to a significant injury. It is not essential for this harm to be physical, but it’s imperative that there be a person in a position to show their injury. This is normally done via the testimony of their notes or healthcare practitioners describing continuing injuries.

If an Injury is severe enough to require medical care, and it had been caused through another individual’s negligence, then it’s a fantastic idea to think about pursuing a personal injury claim. Keep in mind that negligence is doing something that a reasonable person wouldn’t do. A person, for example, would stop at a red light; when someone fails to do this and causes a car accident injury, then this would count as negligence.

What Lawyers Will Look At?

They need to get some other factors to help determine what the verdict might be, although undoubtedly, that personal injury lawyer will examine and explain the evidence that accident victims should consider before taking on a claim. For some lawyers, for example, one important factor to the case is how hard it’s going to be to collect compensation against the guilty party. They may see small incentives, if it is not probable that a person or their insurance company will pay up if they lose a case.

Attorneys will also consider the amount of evidence that is available to demonstrate that there is a victim telling the truth. Additionally, they’ll want to know how much it’s likely to cost to collect the necessary evidence. The important thing is that speaking to an injury attorney is a great way to gauge how successful a claim will be.

How Can You Ensure Just Compensation From An Injury?

A personal injury can be a substantial financial burden and can cause you emotional and physical suffering. If your injury was caused by someone else, you might be eligible to collect damages to compensate for medical expenses, lost wages, and your suffering. An experienced personal injury lawyer in Las Vegas can help you win that compensation.

Personal injury most commonly refers to bodily harm, but can also include the infliction of emotional distress. One of the most common kinds of injury comes from car accidents. If you suffered an injury and you were not at fault in the crash, you should get reimbursement. Injury law encompasses injuries caused by a slip and fall, someone else’s house or business known as premises liability laws, injuries sustained from elder abuse, a wrongful death of a loved one, and even an injury caused by a dog bite. Every one of these injuries can occur because of someone else’s fault or negligence.

A personal injury can lead to high prices to you, in addition to the pain and stress of the harm itself. You may have to seek treatment for your injury, which could lead to medical bills that are costly. You may also have to take some time off of work so as to recuperate, which may lead to lost wages. To continue working, nobody should ever have to sacrifice their health. You shouldn’t lose money due to an injury that is the fault of somebody else!

There are a number of steps you may take if you’ve suffered a personal injury in Las Vegas. You should write down notes of what occurred during the accident. These notes will probably be much more reliable than your memory if you want to recount what happened afterwards make them as comprehensive as you can. It will also be of assistance to identify witnesses of the injury who will be able to help you prove your claim in court, or provide evidence to an insurance adjuster if possible. Be sure to retain it When there is any physical signs of your injury. You should get a grasp of your medical documents, either of any therapy following your accident and for the period prior to your injury. This will demonstrate that you are telling the facts about your injury and not any condition, the accident, was responsible for your accident. It is possible to contact your doctor. All of these records will help you to prove your claim in the event you choose to file for payment.

A personal injury attorney like Dallas Horton can assist you in obtaining the compensation you deserve for your injury. He will offer you advice, draft legal documents for you, and document complaints. It’s very important to note that personal injury lawyers specialize in doing only injury cases, or tort law, and they will therefore have lots have experience to draw while guiding you through the process. They can allow you to reach a reasonable settlement. They can represent you in court, if the other party refuses to settle.

There will be several lawyers to choose from, and it’s important to select one with lots of experience and who matches your goals. You may have the ability to ask friends and family . You’ll want to schedule a meeting with a minimum of one attorney to discuss your case. Most attorneys do not charge for an initial consultation, but make certain that you ask. You’ll want to come to the meeting prepared to discuss the details of your injury and any correspondence you have got with the insurance company. The lawyer can probably give you an impression of just how likely your case is to succeed.

Important Factors in Determining an Injury Verdict in Vegas

A personal injury is considered as any emotional distress or bodily harm a person endures through no fault of their own. Injuries like these can be from a car accident in Las Vegas, from a faulty appliance or child’s toy, negligence on the job, etc.. When submitting a lawsuit here, a victim will usually hire an expert injury lawyer in Las Vegas, Nevada. The individual filing the personal injury claim is referred to as the plaintiff. What a individual could acquire in these type of suits depend on a variety of factors. It can depend on the type of harm the treatment procedures, and the laws of that jurisdiction. If the individual has some conditions that were caused or suffered before the accident, this may also be a factor.

The chief factor in determining the outcome of a personal injury lawsuit is the laws in that jurisdiction. Each jurisdiction has different laws as it pertains to:

  • Discovering who is responsible for the injury
  • How a judge or insurance company might assess the damage
  • The kind of injury that was cased to the victim

Certain jurisdictions will have very specific laws when determining the type of evidence that is admissible in court.

Another Factor that is important is what sort of injury the plaintiff has endured, such as physical injuries or psychological injuries. The cases involving bodily injuries are more easy to decide the verdict because there are records documenting the injury. The person may also have scars from the harm, especially if a car accident was the cause of the injury.

Treatment received is just another factor because if the individual has been treated several times for the injury they have a better chance of winning their case. It is likewise essential that the treatment received is reasonable for the type of injury that the victim has suffered. In case the treatment of the plaintiff claims to have received does not appear to “line up” with the injury, or the treatment was extended by a length of time, the jury or judge might be less inclined to trust the victims claims. This could result in the plaintiff not receiving anything, or they might get a lesser amount than they requested.

If the plaintiff has any preexisting conditions they can also impact the final verdict. For the personal injury lawyer to win the case, the plaintiff will have to demonstrate the Person or company resulted in the injury, they are suing for. If the victim has a pre-existing medical condition that’s similar to the injury he is claiming happened, it could help determine the verdict in a negative way. One example would be if the plaintiff had a preexisting back injury and files a claim stating that their back was hurt at work, the Judge or jury might think the harm was already their before the injury occurred.

What would classify as a personal injury?

Speaking broadly, there are two kinds of injuries. A qualified personal injury attorney in Las Vegas will tell you that an injury may be trauma, sickness, illness, a mental illness or a physical injury. A bodily injury could be due to a traffic collision, injury at work, the harm brought on by employing services or merchandise, or an auto accident. Physical or mental injury may lead to getting the incorrect treatment protocols if not handled correctly.

Personal injuries may cause irreversible disabilities, or even the death of a loved one. In Las Vegas, a claim for compensation from an injury must be seen by a judge in most cases. However, you can have your lawyer handle this for you.

Some injuries, in fact quite a few, happen due to severe car accidents. In these situations, the authorities will record any personal injury caused because of the collision. You also have to notify your insurance company of any injury you’ve sustained.

Your attorney will attempt to collect as much evidence as possible regarding your case and will then show this evidence to the court, and the insurance companies. Even if you decide not to file a claim for reimbursement, it is a good idea to keep this evidence in case you might need it in the future.

Mental or psychological harm is counted as bodily harm. If you have been mistreated or are harassed at your work place, or ridiculed by your peers or superiors, these may cause severe mental trauma. Psychological injuries are paid for and are counted as traumas.

Injuries may also happen in someone else’s home or place of business. In the world of injury law this is often referred to as premises liability. If you were injured on someone else’s property or home, you have the right to seek just and fair compensation.

How To Deal With An Insurance Adjuster On A Personal Injury Claim

You were involved in a car accident, and you filed a claim with your insurance company. One of the first call’s you may receive from your insurance company will be the insurance adjuster (working on behalf of the insurance company). Negotiating with an insurance claims adjuster can be an intimidating experience, especially if you were just injured in a car accident while driving in Las Vegas. Before you agree to any compensation offered by the insurance company, understand how to speak to the insurance adjuster so you can protect yourself and get a fair settlement.

What Does An Insurance Claims Adjuster Do?

The insurance claims adjuster is there to assess damage, take your statement, and estimate compensation. Talking to the insurance adjuster is one of the most important conversations you will have and what you say will have an impact on the amount of money the insurance company will pay.

The insurance adjuster will calculate actual expenses like medical bills and loss of income. They may also estimate losses from pain, suffering, and emotional distress. Expenses in the form of medical bills or lost wages are simple in their calculation. Pain and suffering calculations are a little different. They may use a per-diem calculation in which you are paid a specific amount for each day of pain and suffering. Or they may utilize a pain multiplier system that multiplies the medical expenses times a set number.

The insurance adjuster will try to get to you make a statement—and possibly even record your statement—before you are mentally recovered from the accident or consult with a attorney. You are not legally required to make a statement to the insurance adjuster. Simply tell the adjuster you will make a statement at the appropriate time.

Keep in mind the insurance adjuster is not working for you. He is not an attorney, and may ask questions that will allow the insurance company to reduce the settlement amount for your personal injury, or worse, deny your claim. The insurance adjuster may even try to get you to take an immediate settlement. Do not agree to anything until you have all your facts together, or have obtained the services of an experienced Las Vegas personal injury attorney.

Provide Only Limited Information

Give no details about your injury or accident until you have time to collect yourself or consult with an attorney. While you certainly want to be polite and courteous, you are not required by law to make a statement. Take time to recover from the trauma of the incident, because you want to be clear minded when you do speak with the adjuster.

After an accident you need time to investigate the accident and evaluate the situation on your own. You will want to have a doctor give you a medical examination so you have a clear understanding of your injuries.

The Insurance Adjuster Works On Behalf Of The Insurance Company

The insurance adjuster works for the insurance company, and their job is to pay as little money as possible. They may seem like a nice friendly person, and may try to subtly get you to give information that may be harmful to your claim.

Do not do this until you have consulted with an attorney. The insurance claims adjuster is protecting the interests of the insurance company and may seek ways to minimize the settlement amount or get your claim denied. At Dallas Horton and Associates, we offer free consultations, so feel free to contact us today.

Do Not Let The Adjuster Record You

The insurance adjuster may ask you to give a statement, and possibly even record your statement. Do not do this! A recorded statement submitted as evidence in court is difficult to dispute. Knowingly being recorded may cause you to be nervous and make statements that could cause the insurance company to deny your claim or reduce the settlement amount.

Politely let the adjuster know that at this time you are not prepared to make a statement. Get the adjuster’s name and contact number, and let them know you will be in touch at the appropriate time.

Take Notes When Speaking With The Insurance Adjuster

It is important for you to take notes of the conversation with the insurance adjuster. Make sure you have the adjuster’s name and contact information. Also write down any dollar amount offered by the insurance adjuster or specific statements the insurance adjuster makes about your claim.

Remember if you have been severely injured you should seek representation.

What Is Personal Injury Law?

Personal injury law is the branch of law that deals with people who have been injured physically or psychologically by another person or product. Personal injury law, also known in the United States as Tort law, allows a person to seek legal remedy or compensation from the injuring party. This is known in the legal system as being “made whole”.

The Different Types Of Personal Injury:

  • Accidents, such as vehicle accidents, slip and fall accidents, or injury on someone’s property.
  • Intentional Acts of Harm, such as assault and battery, or any act that deliberately harms another person
  • Defective Products are products that injure persons, another area of personal injury law that may entitle a person to receive compensation.
  • Defamation of character is damaging a person’s reputation or spreading false claims about a person.

What Happens When I File An Injury Claim?

When your experienced Las Vegas personal injury lawyer files a claim on your behalf, you become the “plaintiff” and the party causing the injury becomes the “defendant”. When your claim is filed, the first stage involves gathering evidence, taking depositions from witnesses, and exchanging documents between the insurers and your attorney.

This process is called “discovery”. During the discovery process your attorney may inform you that the “defendant” has offered a settlement. It is not uncommon for most cases to be settled out of court, before the case reaches a trial.

If your case goes to trial, a jury will be selected. Your attorney will subpoena witnesses, present evidence, and argue that you have been injured through the defendant’s negligence, and ask for compensation.

A personal injury trial is different than a criminal or civil trial where there must be proof “beyond a reasonable doubt”. During a personal injury or “tort” claim, the standard of proof is lower than a civil or criminal trial. Your attorney must prove that “more likely than not” the defendant is liable for any claims presented. In a PI trial, each claim must be believed “more likely than not” true. A jury can then find some claims more likely true than not and the opposite of other claims.

How Do I Know If I Am an Injury Victim?

Vehicle: If you are involved in a car accident, truck accident, or motorcycle accident, then your lawyer has to show that the defendant driver did not exercise “reasonable care” when operating their motor vehicle.

Property: Getting injured on the property of an individual or business does not automatically entitle a person to an injury claim. When filing a claim against a property owner it has to be demonstrated that the property owner was aware of the potential for injury and did not make anyone aware of the potential danger on the property. This type of claim falls under what is known as premises liability.

Neglect/Abuse: If you feel that you or a loved one are the victim of abuse or negligence, which are defined as intentional harmful acts by the caregiver such as in elder abuse cases or day care negligence, you may be entitled to a personal injury claim. It needs to be shown that the acts were deliberate, intentional, and a violation of mandated standards of the State in which the caregiver or facility is licensed.

Bad Faith Insurance Claims: You could also be the victim of your insurance company acting in bad faith. The insurance company may deny your claim or offer you the minimal amount that you are entitled. A bad faith insurance claim simply means that the insurance company has wrongfully denied you, or offers you much less than what you are entitled to.

Are There Time Limitations On When I Can File A Claim?

States have their own statute of limitations when it comes to filing a claim against the injuring party. In the State of Nevada, the statute of limitations is, generally speaking, two years. Fraud claims can be made up to three years, and medical malpractice four years. It is important to speak with an attorney as soon as possible to stay within the statute of limitations and to give yourself the best opportunity to hold the party accountable.

Our firms founder, Mr. Dallas Horton, represents victims in all areas of personal injury. If you or your family member has been injured through no fault of your own please give us a call for a free review of your case.

Five Reasons You May Need an Injury Attorney

Accidents and injuries happen in Las Vegas every day. When you or your family members are the victim of an accident, someone’s negligence, or abuse, you may need a personal injury attorney.

A Las Vegas personal injury lawyer will represent you in court on your behalf and generally there is no cost to you unless you are awarded compensation.

There are five main reasons you should retain an expert injury attorney:

#1 – You May Need An Attorney If You Have Been Injured In A Vehicle Accident

Vehicle accidents are one of the most common reason people hire a personal injury attorney. A minor accident may seem like “no big deal” and the insurance company may offer you a small settlement. Even minor vehicle accidents can cause neck, spine, and brain injuries.

An insurance company will seek to settle a claim quickly. Spine, neck, and brain injuries are not always apparent, and the insurance company may try to convince you that you are okay, and offer a minimal settlement.

Your attorney will have a trusted doctor evaluate you and involve an investigator to look into the accident claims. They will work to get you a fair and just settlement that compensates you and your loved ones.

#2 – You May Need An Attorney If You Have Been Injured On Someone’s Property

If you have been injured on someone’s property you should consult with an attorney about the premises liability laws in Las Vegas immediately. Injuries suffered on someone’s property can mean loss of current and future income.

Property owners do have a responsibility to prevent injury on their property. Your attorney will understand the legal requirements of property owners to prevent injury. Your attorney will work with you to navigate the legal complexities of property injuries and negotiate a fair settlement that compensates you.

#3 – You May Need An Attorney If You Have Suffered Injury Through Abuse Or Negligence

If you or a loved one has been injured through negligence or abuse you have the right to hold the abusive or negligent party accountable. Abuse cases are complex and often not discovered until after the problem becomes noticed or a wrongful death occurs. In these cases, an insurance company or the party responsible may seek to dismiss your claims or offer minimal compensation.

In addition, an elder abuse case requires a personal injury lawyer who is experienced in these types of cases and has a proven record of successful litigation.

In elder abuse, injury to a minor, or a day care negligence cases a PI attorney will work with you through the process to investigate your claims. Your attorney will work with you to determine the fair amount of compensation, and negotiate a settlement with the insurance company.

If you feel you or a loved one has been the victim of abuse or neglect call us for a free case review.

#4 – You May Need An Attorney If The Insurance Company Acts In Bad Faith

When an insurance company refuses to pay or offers a very low settlement, an experienced attorney will work to get the highest and most fair settlement. Insurance companies have attorneys who are working to prevent you from seeking fair compensation. They will work to prevent you from being awarded damages or seek to disqualify your claims.

You should seek an injury attorney who has proven experience in negotiating with insurance companies and getting their clients the best settlement possible, and avoiding bad faith insurance claims. You deserve the same professional representation that insurance companies have. A proper lawyer works for you, and only gets paid if you are awarded a settlement.

#5 – You May Need An Attorney If You Have Been Injured And Liability Is Unclear

 Sometimes, you get injured and there are multiple parties involved. Or maybe a product you have purchased has injured you and it is unclear who is specifically at fault. Your attorney will investigate your claim to uncover the responsible party. Your attorney understands the legal process needed to determine who is liable and has the experience winning settlements for clients who were injured through no fault of their own.

Have you or a loved one been injured in an accident, suffered from abuse and negligence, or been injured by a defective product? Give us a call for your no cost consultation. Our professional team has years of experience winning claims for our clients.

What You May Not Know About Injury Attorneys

We realize that many people may not understand exactly what personal injury attorneys do, and how they can make a difference between winning and losing your case. In this article, we’ll clear up some common misconceptions about these attorneys, and get to the center of the litigation process here in Las Vegas.

First, the job of a Las Vegas personal injury attorney is probably more complicated that you might think. They are necessary in fighting for your rights as an individual who has been injured. If you’ve been involved in an accident that led you being injured, the single most important thing that you can do is find the right attorney.

We’ve mentioned elsewhere in our blog the importance of evidence, highlighting cases that should have been won, but weren’t, due to a simple evidence gathering snafu. Here at Dallas Horton and Associates, we never want that to be the case when you come to us. In the litigation process, information reigns supreme, and protecting evidence is crucial in PI cases. That’s where an attorney can come in. He or she can help you collect information pertinent to your case, and this process is called the “discovery” process. It is a crucial part of our job to lock in all the details about your case to best assist you. The sooner that you have someone on your side collecting evidence and information, the better and stronger your case will be.

Your attorney can also help you accurately determine your damages. It’s easy to see how much an accident will cost you in bills, but there is a whole other level of damages involved that need to be addressed. For example, how would you know how much is due for pain and distress? How would you know how much you are owed do to missing work and future work (this is called your worklife expectancy)? An experienced attorney like Dallas Horton can help you determine the answers to these questions, and walk you through various scenarios.

Sometimes, seeking a settlement is in the client’s best interest as it can save you time and money, along with getting cash to you expeditiously. Reaching a settlement, though, can be complicated, with a lot of inherent “give and take”. Always remember that the other side is also looking to get the best deal for their client. A good PI attorney understands what your case is worth, and will know when it’s best to reach a settlement, and will be able to apply leverage when necessary to get the best deal for you.

The expert legal team at Dallas Horton and Associates ensures that you’ll get a fair shake in court. If you have a personal injury case or questions, we urge you to contact us today!

How Injury Affects Your Worklife Expectancy

A serious injury can affect your ability to work, and if you decide to pursue a legal claim for your injury, one issue your attorney will look at is your worklife expectancy after your injury. Worklife expectancy doesn’t just refer to the number of years you probably have left before retirement. Instead, it is a mathematical calculation based on a number of factors:

1) Life expectancy. How long a person may live may depend on a number of factors, including current and past health, and other issues.

2) Participation in the job market. This number refers to the probability that a person will be participating in the employment market. Some people, because of their past employment, education, jobs and other factors are more likely to be able to pursue a job after their injury.

3) Demographic. The demographic of a person can matter a great deal. For instance, some people may have longer non-earning periods in their work life because of their demographic. Women, for example, have statistically higher periods of non-earnings. Older workers, too, may eventually take longer breaks and have non-earning periods.

4) Employment. In many cases, worklife expectancy will consider how many years a person will be alive and in the labor market from the current time until they reach 75 years of age. However, the type of work they do may determine how likely they are to continue to work. Some jobs, for example, are more physically demanding. This can affect worklife expectancy, especially for older workers. Some jobs may allow a worker to continue working in some capacity, even after an injury. This, too, needs to be considered.

In some cases, it can be even harder to determine worklife expectancy. For example, self-employed people may have a wider range of income levels during their employment. Someone who is older may have fewer chances to go back to school to earn a new degree, or get a different job, when compared with a young person. In many cases, personal injury attorneys work with vocational experts and other professionals when trying to forecast what that worklife would have been had the injury not occured.

Why Is Worklife Expectancy So Important?

You may not be able to pursue employment after a serious injury like a brain injury or even a wrongful death. Your work opportunities may also be diminished or lower-paying. If this is the case and you pursue legal action, you may be able to seek compensation for your projected lost earnings after your injury. To do so though, your attorney will need to show a judge or jury what your lost earnings are likely to be. Calculating worklife expectancy helps courts calculate loss of wages when deciding on damages.

If you would like more information about compensation or legal action, or would like to know whether you qualify for a claim, contact Dallas Horton & Associates. Our legal team has handled more than 7000 cases, and Dallas Horton a reputation for being honest and caring with clients and aggressive in the courtroom. If you want legal advice and forceful protection of your rights, contact Dallas Horton & Associates today!

Dallas Horton was Named One of the Top Lawyers in Las Vegas

Dallas Horton Named Top 100 Lawyer by MyVegas Magazine
Dallas Horton Named Top 100 Lawyer by MyVegas Magazine

Not only was Dallas Horton named one of the top 100 lawyers in Las Vegas by My Vegas magazine, he was also featured on the cover of their latest issue. Browse through the article to find his short biography. Contact our team for a free personal injury consultation.

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