Personal injury claims can be complex and often come with a host of misconceptions that can mislead those seeking justice and compensation for their injuries. In Nevada, understanding the truth behind these myths is crucial for anyone involved in an accident or injury situation. With this in mind, we at Kajioka & Associates Attorneys At Law would like to explore some of the most common myths surrounding personal injury claims in Nevada.
Myth 1: You Can Only File a Claim for Major Injuries
One prevalent myth is that personal injury claims are only valid for severe or catastrophic injuries. While it’s true that more significant injuries may warrant higher compensation, even minor injuries can justify a claim. In Nevada, any injury resulting from someone else’s negligence—be it a sprained ankle from a slip and fall or a whiplash injury from a car accident—can be the basis for a valid personal injury claim. The key is to demonstrate that the injury resulted from another party’s negligence or wrongful conduct.
Myth 2: All Personal Injury Claims Go to Trial
Many individuals believe that filing a personal injury claim means they will have to go to trial. In reality, most personal injury cases are settled out of court. In Nevada, only about 5% of cases go to trial, as most parties prefer to negotiate a settlement. Settlement negotiations can save time and legal costs, allowing both parties to reach a resolution without the uncertainty of a trial.
Myth 3: You Have All the Time in the World to File a Claim
Another common myth is that there is no urgency in filing a personal injury claim. This misconception can be dangerous, as Nevada has a statute of limitations that restricts the time you have to file a claim. Generally, individuals have two years from the date of the injury to initiate a lawsuit. Failing to file within this timeframe can result in the loss of the right to seek compensation. Thus, it’s crucial to act promptly and consult with an attorney soon after the incident.
Myth 4: Insurance Companies Will Always Offer a Fair Settlement
Many victims assume that insurance companies will provide fair compensation for their claims. However, insurance companies are businesses that often prioritize their profits over fair payouts. Their initial settlement offers may be lower than what is warranted based on medical expenses, lost wages, and pain and suffering. It’s vital for claimants to understand the true value of their case and not accept the first offer without proper evaluation.
Myth 5: You Don’t Need a Lawyer for Your Personal Injury Claim
Some people believe they can handle their personal injury claims without legal representation, assuming that the process is straightforward. While it is possible to represent oneself, navigating the complexities of personal injury law can be challenging. A qualified attorney can help gather evidence, negotiate with insurance companies, and ensure that the claimant’s rights are protected throughout the process. Having professional legal guidance can significantly improve the chances of a favorable outcome.
Myth 6: You Can’t Collect Damages if You Were Partially at Fault
In Nevada, the state follows a modified comparative negligence rule. This means that even if you are partially at fault for the accident, you can still recover damages as long as your percentage of fault is less than 51%. However, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, you would receive $80,000.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
Understanding these myths is essential for anyone considering a personal injury claim in Nevada. Being informed can help victims make better decisions about their claims, seek the right compensation, and navigate the legal landscape effectively. Consulting with a knowledgeable personal injury attorney can provide invaluable support and guidance throughout this challenging process. Call Kajioka & Associates Attorneys At Law when you need legal assistance with your personal injury case.
