Reno Personal Injury Attorney

Nevada law states, “Whenever any person shall suffer personal injury by a wrongful act, neglect or default of another, the person causing the injury is liable to the person injured for damages; and where the person causing the injury is employed by another person or corporation responsible for the conduct of the person causing the injury, that other person or corporation so responsible is liable to the person injured for damages.”

A personal injury lawsuit is a legal process in which an injured person seeks to recover damages from the liable party through a claim filed in civil court. Those wishing to file a personal injury lawsuit in Nevada have two years from the date of the accident to do so.

Benson & Bingham Accident Injury Lawyers, LLC, has a proven track record of obtaining compensation for a wide variety of injuries. These include injuries stemming from car accidents, motorcycle accidents, truck accidents, bicycle & pedestrian accidents, and premises liability incidents, product liability cases, workplace injuries, wrongful death claims, burn injuries, spinal cord injuries, traumatic brain injuries (TBI), bone fractures, loss of limbs, and cases involving cancers and terminal diseases. Their experienced legal team is dedicated to helping clients navigate the complexities of personal injury claims and ensuring they receive the compensation they deserve, no matter the nature or severity of the injury.

To obtain compensation for non-economic damages in an accident, consult an experienced personal injury attorney and thoroughly document your injuries. Your attorney will negotiate with the at-fault party’s insurance company for a fair settlement, including non-economic damages. If negotiations fail, be prepared to go to trial, where your attorney will present strong evidence to establish the extent of your non-economic damages. Having legal representation significantly improves your chances of obtaining fair compensation for the intangible losses you’ve endured due to the accident.

You claim can take anywhere from weeks to years to settle or go to court depending on the circumstances of the event that led to your injury. As a general rule of thumb, cases with only one defendant and cases where liability is clear settle much quicker and often don’t need so much time to litigate. If the circumstances of your injury include multiple parties and shared liability plays a factor, you can expect insurance companies and legal defense teams will not settle easily. These cases often need require more lengthy litigation. Catastrophic injuries that make it difficult for parties to come to an agreement about damages for future medical expenses and lost wages might delay a claim as well.

Liability is defined as legal responsibility for one’s acts or omissions, and it is the foundation on which a personal injury case is built. To obtain compensation from someone for injuries you sustained in an accident that was caused by their actions, you must show that they were legally liable.

Liability is proven by demonstrating:

• The at-fault party owed you a duty of care. The duty of care that was owed depends on the liable party’s role in the accident. For example, in a car accident case, the duty of care that one driver owes to another is to drive their vehicle safely and in accordance with the law.
• There was a breach in this duty of care. The breach also depends on the accident and refers to the actions that caused the accident to take place. Using the car accident as an example, a breach in the duty of care one driver owes to another could involve distracted driving, speeding, alcohol impairment, or another risky driving practice.
• This breach resulted in the accident, which caused the claimant to be injured and to suffer expenses and life impacts.

Yes. An arrest is an action taken in a criminal case, due to an individual breaking a state, municipal, or federal law. The case is investigated and tried by governmental agencies, and — upon conviction — results in criminal penalties such as incarceration and fines. This is a separate case from the civil lawsuit, which is tried by a personal injury attorney on behalf of a client seeking to recover specific damages caused by the defendant’s actions.

According to the IRS, most settlements or awards obtained due to a personal injury to compensate a party for economic expenses such as medical costs, or non-economic expenses such as pain and suffering, are not taxable. In some cases, punitive damages — that is, damages imposed to punish the defendant for particularly reckless behavior — are subject to tax. Check with a certified public accountant before you file your return.

Personal injury cases cover a wide range of accidents and injuries. At Benson & Bingham our practice areas include:

• Motor vehicle accidents including car accidents, truck accidents, and motorcycle accidents in Reno
• Bicycle accidents
• Pedestrian accidents
• Boating accidents
• Reno Uber, Lyft, and ridesharing accidents
• Taxi & limo accidents
• Bus accidents
• Workplace injuries
• Medical malpractice
• Nursing home negligence
• Premises liability accidents including those occurring at hotels and casinos, theme parks, and water parks
• Defective product injuries and accidents including consumer products, prescription drugs, and motor vehicles
• Wrongful death cases
• Reno Slip and fall accidents
• Burn Injuries
• Catastrophic Injuries

Some accidents and injuries don’t require legal representation, even when they were caused by another party. Yet, if you have had to miss work, an insurance company is denying your claims, or you have suffered a serious injury that requires hospitalization, you should contact an attorney. If you’re in doubt, it’s always best to set up a free consultation. A qualified attorney can evaluate your case, determine your eligibility for compensation, and help you decide which course of action is best for your individual circumstances.

If you have lost a loved one due to a fatal accident or injury, Nevada law permits you to take legal action against allegedly liable parties depending on your relationship with the deceased. Once again, contact a personal injury attorney for a free consultation to determine if you are eligible to seek compensation by filing a wrongful death suit against those who caused your loved one’s death.

When you have suffered injury because of another party, a personal injury attorney will advocate for you and help you seek justice against those who have caused you harm. Specific things your lawyer might do to build your case and advocate for you include:

• Review the circumstances of your accident and/or injury to determine your eligibility to seek compensation in Nevada court.
• Investigate the event that led to your injury and uncover relevant facts to support your case.
• Collect relevant documents and information to support your case such as medical records, eyewitness statements, cell phone records, and anything else that might benefit you.
• Assess the value of your injuries and losses based on similar cases and court precedents.
• Call upon experts to help value your case and determine liability, such as life care planners, accident reconstruction specialists, and others.
• Guide you through the insurance claims process and handle all communications to protect you from insurance company tricksters who are looking for a way to devalue your claim.
• Handle all the paperwork to file a personal injury lawsuit when your losses go beyond insurance claims.
• Negotiate with insurance companies and the defense to get the best settlement possible.
• Fight for you in the courtroom when settlement isn’t an option and litigation is necessary.

The vast majority of personal injury law firms provide free case evaluations for potential clients. This allows you to ask questions and ensure the attorney with whom you speak is a good fit for your case. During your free consultation, the lawyer you meet with will go over the details of your case and determine your eligibility for compensation. If you have a viable lawsuit and you choose our firm to represent you in that suit, you do not have to pay a retainer. Instead, we collect fees from any compensation we secure for you in the form of a settlement or court-awarded damages. The exact amount varies from case to case, but your attorney can give you a better estimate when you have a free consultation.

Personal injury claims that result in a settlement or verdict in the plaintiff’s favor can vary from 500 dollars to over five million dollars. Your lawyer, often with the help of experts, will value of your claim based on several factors. Some of the most important considerations for the value of your claim include the severity of your injury, the likelihood of a full recovery, your total medical expenses, and the amount of time you missed from work. Injuries that result in permanent disability and/or scars and those that were a result of gross negligence or intentional harm often have a higher value.

Nearly any type of accident in which one person causes injuries to another can be the subject of a personal injury claim.

Some common types of accidents that give rise to personal injury lawsuits include:

• Motor vehicle accidents, including accidents that involve cars, motorcycles, commercial vehicles, buses, taxis, rideshares, scooters, pedestrians, and bicyclists.
• Hotel and casino injuries and other premises liability accidents, including slips and falls
• Defective products, including foods, medications, parts for vehicles, appliances, and more
• Medical malpractice, including birth injuries, misdiagnosis, surgical errors, medication errors, and inadequate follow-up

The damages you can recover in a personal injury lawsuit include:

• Medical expenses
• Lost wages, if you are too injured to work or must miss work to attend injury-related appointments
• Loss of future earning capacity, if your injuries result in a permanent disability that renders you unable to work or to maintain the same position and same pay as you had before the accident
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Physical impairment or disfigurement
• Punitive damages, in some cases, which arise from extraordinarily egregious behavior on the part of the defendant.

As noted by the American Bar Association, very few civil cases go to trial. Most of these cases are settled by mutual agreement between the parties. These agreements can occur at any stage of the case—either before the lawsuit is filed or after. If your lawyer doesn’t feel that an insurance company is offering an adequate settlement, however, he or she may advise you to go to trial to get the compensation you deserve.

If you have been injured due to someone else’s negligence or recklessness, hiring an experienced personal injury lawyer is crucial.

Your attorney can provide you with guidance about the legal process of recovering damages and provide other valuable services, including:

• Determination of all liable parties and insurance resources in your case
• Establishment of value to your case, based on the expenses you have incurred and the impacts your injuries have had on your life, as well as anticipated expenses and impacts in the future.
• Skilled negotiation with the at-fault party’s insurance provider in an attempt to obtain a fair settlement offer on your behalf.
• Collection of evidence and witness depositions necessary to bolster your case.
• The timely filing of a personal injury lawsuit in the proper jurisdiction.
• Thoughtful guidance as you decide whether to accept an offered settlement.
• Representation at all court proceedings, including pre-trial hearings, court, and any appeal proceedings.
• Collection of your settlement or award.