Personal injury claims are legal claims which can be made in the event of you are injured or your property is damaged because of the careless or negligent conduct of another. Personal injury claims can be brought against an individual, a business, a corporation, the government, a hospital, or a combination of any of the preceding.
Personal injury claims tend to fall into a few main categories. The most common catalyst for a personal injury claim is a car accident. If you have been hit and injured by another driver, you will likely file a claim with the other driver's insurance company so that you can receive compensation for medical bills, pain and suffering, and other damages you might have sustained. If the insurance company is not offering adequate compensation or your injuries are particularly egregious, you may then choose to file a personal injury lawsuit.
Other accidents which may result in a personal injury case include the following:
- Dog bites
- Public transportation crashes
- Slip and fall accidents
- Defective products
- Medical malpractice
- Abuse or assault
In order to bring a successful personal injury claim, the victim will need to prove negligence, strict liability, or intention on the part of the defendant.
Many personal injury claims will be based on the argument that the defendant was negligent, or failed to display a reasonable “duty of care” that was owed to the defendant and that failure caused the defendant's injuries. While the specifics of each case will be different, the defendant might argue that a landlord was negligent when they failed to maintain their property's roofing that collapsed or a driver is negligent when they ran a red light.
Strict liability means that the defendant is not at fault for the victim's injuries, but they are still responsible for them legally. For example, if a company produces a defective product, and someone is hurt by that product while using it the way it was intended to be used, the company will be liable for those injuries.
In order to prove intent, a victim must show that the defendant acted with a willfulness to hurt them, understood that their actions would cause harm, or acted with complete disregard for others' well-being (recklessness). In some cases, like assault, battery, or abuse, the defendant will also be facing criminal charges. You can still file a civil claim in such cases in order to be compensated for the expenses and emotional suffering that the injury caused.
Beginning the Personal Injury Claims Process in Nevada
While each personal injury claim is unique and a good first in every personal injury case is to consult with an experienced and knowledgeable Nevada attorney, like David Jacks. Whether they were harmed because of a car accident or a defective product, David Jacks is dedicated to helping his clients recover fair compensation for the injuries they have suffered at the hands of others. To have your case evaluated, call The Jacks Law Group today at (702) 834-6300 or contact us online.