A personal injury case can be filed when someone is injured due to another's misconduct. Most often, this misconduct is referred to as negligence, a legal term for careless acts. In other cases, the personal injury claims stem from reckless behavior, which includes serious forms of negligence such as driving under the influence. An individual injured by someone else's negligence could be able to file a personal injury lawsuit against the responsible party.

It is important to understand how personal injury law works and how it can assist you in similar circumstances. This article covers some of the most common personal injury cases that could allow injured parties to collect fair compensation.

Car Accidents Injuries

Car accidents are some of the most common types of personal injury cases. The severity of these collisions can vary greatly, ranging from minor ones resulting in whiplash to major ones causing serious harm or even death. When another person's negligence or misconduct results in an accident, the injured party may be entitled to file a personal injury lawsuit to recover compensation for losses, property damage, and other related expenses.

Las Vegas is one of the most preferred travel destinations worldwide. Therefore, it should come as no surprise that traffic accidents happen frequently in this area.

The National Highway Traffic Safety Administration has provided statistics indicating that 42,795 individuals died in traffic accidents in 2022. These figures do not include unreported accidents, such as minor fender-benders, which often go undocumented.

The cause of most car accident injury claims is negligence. According to Nevada law, negligence is any situation where one party fails to exercise the level of caution that a reasonable individual would under the same conditions. If the negligent party was directly responsible for the injury, the injured party may file a personal injury lawsuit.

Common Causes for Car Accidents

When investigating the causes of such accidents, several factors emerge as the most frequent causes:

  • Driving while distracted, such as when a driver is eating or texting, can result in accidents
  • Drunk driving makes it more challenging for motorists to operate their vehicles safely after drinking
  • Speeding—Driving at higher speeds than the legal limit reduces your reaction time and increases the severity of collisions
  • Driving carelessly can lead to accidents. Examples of this include changing lanes without signaling, running red lights, and tailgating

These factors often result in personal injury claims after a car accident, enabling victims to pursue compensation for their damages.

Fall and Slip Injuries

One of the most prevalent types of personal injury claims relates to falls and slips. These accidents occur when someone trips, slips, and sustains injuries on another person's property. If the property owner failed to maintain the area properly or neglected to warn people of potential hazards that could result in a slip and fall, they could be held accountable under premises liability law.

How Fall and Slip Accidents Can Lead To Personal Injuries

Common hazards like wet floors, uneven walkways, blocked pathways, and dim lighting often cause slips and falls. Although such risks might seem minor, they can cause serious injuries or fatalities.

Some of the injuries include:

  • Fractures
  • Sprains
  • Concussions

Unfortunately, these accidents happen frequently, as they can occur to anyone, at any age, and with various physical conditions. Victims could often be entitled to compensation for their pain and suffering, lost income, and medical expenses resulting from the accident.

Common Places Where Slip and Fall Accidents Occur

Slip and fall incidents are more common in some locations than others. These include:

  • Retail and grocery establishments—Common causes of slip and fall accidents include loose matting, food spills, cluttered walkways, and uneven flooring
  • Individual homes—Fall risks include icy sidewalks, poorly lit stairs, and uneven surfaces
  • Workplace—Slip and fall accidents commonly occur in construction sites, warehouses, and commercial kitchens. These incidents are often caused by wet or slick floors, cluttered walkways, or poorly maintained equipment
  • Public spaces—Areas like sidewalks, parking lots, and parks with uneven surfaces, ice and snow, or poorly maintained paths are common places where people can trip and fall.

Knowing these popular areas helps you anticipate potential hazards and avoid a costly and unpleasant slip-and-fall accident.

Product Liability Injuries

Product liability is popular in personal injury cases because we use so many products daily. Any product, including children's toys, automobile parts, and home appliances, can adversely affect the consumer as a result of incorrect design, manufacture, or labeling.

In such cases, manufacturers, distributors, and retailers can also bear some of the blame. Product liability is a significant factor in many personal injury cases. This is because it shows the prevalence and potential danger to consumers.

Product Liability Types In Personal Injury Lawsuits

Product liability involves any injuries sustained while using a defective or hazardous product. Since this type of personal injury lawsuit directly impacts consumer safety, it is commonly filed. Consumers have a right to expect that the products they purchase and use will be safe when used as intended.

If a product is defective, poorly designed, or has inadequate labeling and causes harm when used as intended, a product liability case may be brought. Manufacturers, suppliers, and sellers are legally obligated to ensure the safety of their products. If they fail to do so, they might be held financially liable if a customer is injured or harmed.

Product Liability Case Examples

Product liability cases may involve a variety of incidents. Injuries resulting from faulty airbags, seatbelts, or tires in cars are common examples. Such faults can lead to car crashes resulting in injuries or even loss of life.

Other examples include injuries from:

  • Dangerous or faulty toys
  • Faulty appliances
  • Faulty equipment

This also applies to prescription drugs and medical equipment, such as the negative side effects of drugs or defective or malfunctioning medical equipment.

Commonplace items like furniture that break or collapse unexpectedly and cause harm to someone may give rise to a product liability lawsuit. While these examples provide some context, they are by no means all-inclusive, highlighting the wide range of applications for this type of personal injury claim.

Medical Malpractice Injuries

Medical malpractice can have devastating consequences for patients and their loved ones. It occurs when a medical professional violates the accepted duty of care, causing harm to the patient.

The "standard of care" is determined by examining the activities that a prudent and capable professional in the same field and scenario would have performed. Any damage caused by a failure to follow this standard could be grounds for a medical malpractice lawsuit.

Personal Injury Cases With Medical Malpractice

Medical labor is sensitive, and errors can easily lead to injuries, which are common grounds for personal injury lawsuits. Doctors, nurses, surgeons, technicians, and dentists are all capable of injuring patients due to reckless activities.

Even minor mistakes can lead to serious consequences. These include misrepresenting a patient's medical record or administering an incorrect dosage. Catastrophic mistakes like incorrect surgery or anesthesia administration mistakes can quickly escalate normal medical procedures into potentially fatal situations.

Examples of Medical Malpractice

Medical negligence can occur in various ways, with some being more common than others. These examples include the following:

  • Prescription errors
  • Inaccurate or delayed diagnosis
  • Surgical errors
  • Birth injuries

Workplace Injuries

Each year, thousands of people sustain injuries from workplace accidents while on duty in their different fields. These accidents vary from minor falls and trips to life-threatening accidents. Workers are normally at risk of sustaining injuries if safety protocols are inadequate or ignored in the workplace. If the injuries sustained were caused due to an employer's negligence, a personal injury case could be filed to obtain compensation.

Workplace Injuries Subject To Personal Injury Cases

Workplace accidents can occur in any profession, but industries that require physical activity, such as mining, construction, manual labor, and agriculture, are at a higher risk of harm.

However, due to improper manual handling of products, poor ergonomics, or a lack of appropriate health and safety standards, similar types of personal injuries can occur in seemingly less hazardous environments, such as offices.

The legislation states that it is the employer's responsibility to provide a safe and healthy working environment in all circumstances. If they fail to do so and an employee sustains an injury, the employee may file a personal injury lawsuit.

Common Types of Workplace Accidents That Can Cause Personal Injuries

Workplace accidents can take many different forms. However, some incidents are more likely to occur than others. These include:

  • Slips and falls can be caused by wet floors, uneven surfaces, loose cables, and protruding or obstructing objects
  • Accidents involving heavy machinery are especially common in the industry and construction sectors
  • Overexertion injuries, which can result in serious musculoskeletal diseases, are typically induced by lifting, dragging, or carrying heavy items
  • Vehicle-related accidents: Driving is a common risk for people employed in the transportation industry

Learning about these common workplace errors can allow you to protect your legal rights and safeguard your safety at work. If you are injured as a consequence of a workplace accident, you should consult with a personal injury lawyer to guide you through the legal process.

Construction Site Injuries

Construction sites can be prone to accidents due to the regular usage of heavy machinery, large materials, and high-risk tasks. As a result, one of the most common types of personal injury lawsuits involves construction accidents. Falling debris and scaffolding collapses are two types of incidents that can result in death or serious injury. Safety protocols should remain in place, but they may not always be followed or may not protect employees from various hazards.

Here are some of the most typical construction accidents:

  • Slip and fall from ladders or scaffolding
  • Falling objects and debris
  • Machine accidents in the construction sector
  • Ravine collapses
  • Electrical mishaps

Although there are dangers associated with construction work, it is the responsibility of the manager, site owner, and contractor to follow safety rules and reduce the possibility of an accident or injury. If they fail to comply, they could face charges in a personal injury claim.

Legal Options for a Construction Accident Victim

Victims may experience substantial financial burdens as a result of lost income and medical costs. The injured party is entitled to seek financial compensation for their losses. A workers' compensation claim can be filed to cover medical expenses and lost wages. However, the compensation might not be enough to cover all damages. Therefore, personal injury claims can help you obtain the full compensation to which you are entitled.

You should consult a seasoned personal injury lawyer. He or she can help you establish liability, fight for fair compensation, and navigate the complexity of the legal system. When construction accident victims are informed of their legal options, it can significantly impact the outcome of the case. This also allows the victims to take appropriate legal action to protect their rights.

Wrongful Death

One of the saddest types of personal injury litigation is wrongful death. This claim comes into effect when someone dies as a result of another person's or organization's negligent, reckless, or intentional actions. Examples include deaths related to hospital medical malpractice and fatal car accidents caused by another driver's recklessness.

Wrongful Death In Personal Injury Cases

Unfortunately, wrongful death is not a rare event, despite being tragic. Wrongful death cases make up a significant portion of personal injury lawsuits.

The financial and emotional effects of wrongful death claims can be devastating for surviving loved ones. They have to navigate the challenges of understanding and pursuing legal action. Family members often have to cope not only with their grief but also with financial uncertainties, especially if the deceased was the main breadwinner.

Legal Alternatives in Wrongful Death Lawsuits

Although filing a wrongful death lawsuit can be unpleasant, it is often a necessary approach for the family's financial recovery. The deceased individual's family can initiate a lawsuit against the party they believe is responsible for their loved one's death to recover damages for:

  • Lost wages
  • Funeral and medical expenses
  • Loss of companionship

Seeking counsel from a skilled lawyer who specializes in wrongful death lawsuits is critical. They can help you navigate through the legal system. Also, they will ensure you receive the compensation you are entitled to.

Compensation helps to alleviate the financial burden of the sudden demise. However, this cannot fully cover for the loss of your loved one. If you suffered the loss of a loved one due to another person's negligence, contact a wrongful death lawyer.

How Much Is A Nevada Personal Injury Lawsuit Worth?

As a Nevada personal injury victim, your losses are unique. You could have the same type of accident as someone else, but that does not mean your case values will be the same.

Instead, when a lawyer assesses how much your losses are worth, they can consider the following:

  • The severity of the damages and how they have affected your daily life
  • Your medical bills and other financial expenses
  • The lost earnings you have experienced by missing work
  • Consider your ability to continue working and your role, as well as whether you share responsibility for the injury
  • The non-monetary losses you've incurred, such as bodily and mental pain
  • Available insurance coverage
  • The opposing parties' collaboration throughout the procedure

How Can I Prove A Nevada Personal Injury Case?

Most Nevada personal injury claims require you to prove that the other person's reckless or negligent actions caused your injuries.

Negligence includes the following legal factors:

  • You were under the standard of care
  • The at-fault person violated that duty
  • The violation caused the injury or accident
  • You incurred identifiable injuries

The type of evidence required to prove blame could vary depending on the case. This includes the following:

  • Accident report
  • Eyewitness testimony
  • Surveillance footage
  • Videos and photos from the accident
  • Medical records
  • Expert witness reports

You should consult a personal injury lawyer in Nevada to ensure you meet the burden of proof. This provides you with an opportunity to receive appropriate financial compensation.

Can I Receive Compensation If I Am Partly At Fault in a Nevada Accident?

The answer is determined by the severity of your responsibility. Nevada has a modified comparative negligence law. In personal injury cases, every party who shares blame is assigned a percentage based on their role in the accident. If you are determined to be over 50 percent at fault as a victim, you will be barred from receiving financial compensation.

If you fall below the threshold, you will earn a proportionately lower prize. For example, if a Nevada court determines that you bear forty percent of the culpability for a car accident, the defendant could only be responsible for paying sixty percent of your losses.

If you are being accused of a Nevada accident, you should consult with a skilled personal injury attorney. Failing to do so could result in you receiving less than you are entitled to under state law or nothing at all.

What are the Catastrophic Personal Injuries?

Although there is no definitive list of conditions that qualify for personal injury lawsuits, numerous catastrophic injuries can arise from various events and require compensation. Catastrophic personal injuries are those from which you cannot fully recover or that have long-term consequences for your life.

These could include the following:

Traumatic Brain Injury (TBI)

Traumatic brain injuries (TBIs) can vary from severe to mild. Mild TBIs could result in a concussion, whereas severe or moderate TBIs can cause brain bleeding or damage. Any TBI that is ignored or untreated could lead to long-term consequences or death. According to the Centers for Disease Control and Prevention (CDC), 64,000 individuals died from TBIs in 2020.

Spinal Cord Injuries

When you sustain a spinal cord injury, you may be permanently limited in motion or possibly paralyzed. The National Spinal Cord Injury Statistical Center estimates that approximately 17,810 new cases of spinal cord injury occur each year. Vehicle crashes are the most common cause of these catastrophic injuries, followed by slip and fall incidents.

Amputations

Negligent accidents at some workplaces or construction sites can easily lead to amputations. Medical misconduct can potentially result in amputations as well. If you or a loved one has lost a limb or digit due to another person's negligence, you may have grounds for a personal injury claim.

How Much Do Personal Injury Attorneys Charge?

Most personal injury lawyers seek to help you seek justice through the courts. Also, many personal injury lawyers are willing to work on your claim on a contingency basis. If the lawsuit is successful, they will receive a portion of the recovery as payment for their efforts.

They also remove any charges that were paid in advance to allow you to proceed with the lawsuit. Your lawyer should be willing to discuss this with you to ensure you understand how they will be paid. Ask any questions you have to ensure everyone is on the same page.

How Long Does It Take to File a Nevada Personal Injury Lawsuit?

The statute of limitations determines the length of time you have to initiate a lawsuit. In most cases, you must file legal proceedings within two years following the incident. However, certain matters have different deadlines, thus you should consult with a lawyer in Nevada as soon as possible. If you file your claim too late, it will be dismissed, and you will lose the opportunity to seek compensation.

Find a Las Vegas Personal Injury Attorney Near Me

Personal injury claims can be complex due to the various settings in which they occur. Fortunately, a personal injury attorney can help you navigate the legal process and prepare everything necessary to win a claim. They will handle the insurance companies on your behalf, and manage all legal issues while you focus on recovery. You can improve your chances of obtaining adequate compensation to cover your losses and alleviate the pain you have endured.

If you have been injured in an accident or through misconduct in Las Vegas, we at Dallas Horton & Associates can help. We can utilize our skills and resources to ensure you obtain the proper compensation for medical expenses, lost wages, and other costs. Our attorneys are available 24 hours a day, seven days a week. Call us at 702-820-5917.