Battle Born Injury Lawyers | March 11, 2024 | Personal Injury

10 Tips for Maximizing Compensation in Your Personal Injury Case

Have you been injured in a car accident, slip and fall, or another incident due to someone else’s negligence? If so, you could be entitled to compensation for your damages under Nevada personal injury laws. 

By filing a personal injury claim, you can receive reimbursement for your medical bills, property damage, and lost wages. You could also recover compensation for your pain, suffering, and other non-economic damages.

You can help maximize compensation in your personal injury case by taking the following ten steps:

1.  Do Not Admit Fault

In Nevada, you can only recover compensation for damages if you prove that the other party caused your injuries. However, Nevada applies a modified comparative negligence standard to personal injury cases where the victim shares blame for the accident or injuries.

According to N.R.S. §41.141, you cannot recover compensation if you are more at fault for causing your injury than the other parties in the case. In other words, if you contributed more than 50% to the cause of your injuries, you will receive nothing for your damages.

If your fault is 50% or less, you might recover some money for your damages. However, the amount you receive will be reduced by the percentage of fault assigned to you.

Admitting fault, saying you are sorry, or making comments that could imply you might think you’re at fault could reduce the money you receive in a personal injury claim.

2.  Preserve Evidence

After an accident, your injuries might prevent you from gathering evidence. If so, don’t worry; a personal injury lawyer can collect evidence for you.

However, if you are able to do so, it can help your case if you take photographs of the accident scene and make a video of the entire area. The at-fault party could clean up the scene or destroy evidence. Also, ask people who witnessed the accident for their names and contact information.

3.  See a Doctor Immediately

Do not delay in seeking medical care for your injuries. The insurance company may claim that you delayed medical treatment because you were not injured or the accident did not cause your injuries. It could also raise allegations of failure to mitigate damages, which could reduce your compensation for a claim.

4.  Build a Case for Liability

You must prove the elements of a personal injury claim. There must be sufficient evidence to demonstrate that the other party owed you a duty of care and breached that duty. You must also prove that the party caused your injuries and you sustained damages because of their conduct.

Evidence in a personal injury case can include:

The evidence used to prove your claim will depend on the facts of your case. Building a case for liability can be challenging if you do not understand the law. The best way to help your case is to allow an experienced Las Vegas personal injury attorney to handle this step.

5.  Document Your Damages

Your damages include financial losses and your pain and suffering. 

Examples of damages in a personal injury case include:

Document your damages by keeping copies of all relevant information, including bills, receipts, and invoices for services. Take photographs of your injuries as you heal and keep a journal with details of your recovery (e.g., mental state, pain levels, tasks you cannot perform, etc.).

6.  Correctly Value Your Damages

Valuing damages in a personal injury case can be difficult. Economic damages equal the actual out-of-pocket expenses and losses you incurred because of the accident, your injuries, and your recovery. However, if you sustained a permanent impairment, you may be entitled to future damages, which usually require the assistance of experts to calculate.

Non-economic damages represent your pain and suffering. The value of these damages depends on many factors. The insurance company will try to undervalue non-economic damages because there is no tangible proof of the extent of your suffering.

Working with an attorney is the best way to value your damages correctly. A Las Vegas personal injury lawyer understands how to maximize the value of non-economic and economic damages.

7.  Don’t Forget About Future Damages

Future damages are losses that you will incur due to a permanent disability or impairment. They may include diminished quality of life, ongoing medical care, reduction in earning capacity, and long-term personal/nursing care.

Your attorney will work with medical specialists, financial professionals, and other experts to obtain evidence proving you sustained an injury that will cause future damages and how much those damages are worth. You can help your lawyer by keeping detailed notes of tasks you cannot perform and how your injuries impact your daily life and relationships with other people.

8.  Finish Medical Treatment Before Discussing a Settlement

The insurance company may offer a settlement before you complete your medical treatment. This tactic is intended to pay less than your claim is worth. It is impossible to know the extent and value of your damages until your doctor gives you an impairment rating.

However, you need to be conscious of the Nevada statute of limitations for personal injury cases, which sets deadlines for filing claims. You lose your right to pursue a claim if you miss the deadline. If you hire a personal injury attorney in Las Vegas, your lawyer will monitor this deadline.

9.  Avoid Social Media

What you post online and on social media accounts is not private, regardless of your security settings. Insurance companies and defense lawyers are skilled at finding information online. Even if the post has nothing to do with your case, the information could be twisted and used to allege you are not as injured as you claim.

10.  Consult an Experienced Las Vegas Personal Injury Lawyer

Hiring a Las Vegas personal injury attorney helps you maximize your compensation because:

  • Attorneys have the resources and skills to investigate claims and gather evidence
  • A lawyer knows what legal elements you must prove to win your case (i.e., negligence, strict liability, intentional torts, etc.) and the evidence necessary to demonstrate each element
  • An experienced lawyer understands damages and how to correctly determine how much your case is worth
  • Your attorney will defend you against allegations of shared fault that could reduce the value of your claim
  • A personal injury lawyer will protect you from bad-faith insurance practices

Most personal injury lawyers in Las Vegas provide free consultations for accident victims. It costs nothing to discuss your case with an attorney and learn more about how to receive a fair settlement.

Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today

If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our Personal Injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.

Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868

Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000

Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768

Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287