Frequently Asked Questions
Personal Injury Basics
What Is a Personal Injury Claim?
A personal injury claim is a legal action filed by someone harmed by another party’s negligence or wrongful conduct. Common examples include car accidents, slip and falls, defective products, medical malpractice, and workplace incidents. The goal is to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
What Is the Difference Between a Personal Injury Case and a Criminal Case?
A personal injury case is a civil matter where the injured person seeks financial compensation; a criminal case is brought by the government to punish a lawbreaker. These tracks can run at the same time. For example, if a drunk driver causes a crash, the state may file DUI charges while the victim independently sues for medical bills, lost income, pain and suffering, and wrongful death. The criminal outcome does not determine your civil claim. You can pursue compensation regardless of whether criminal charges are filed, dropped, or result in acquittal.
What Is the Difference Between a Personal Injury Claim and Workers’ Compensation?
Workers’ compensation is a no-fault system that covers job injuries (regardless of who caused them) and pays medical bills plus partial wages, but not pain and suffering. A personal injury claim requires proving someone else was at fault and can include pain and suffering, full lost earnings, and other damages. If a third party contributed to a workplace injury, you may be able to pursue both.
Do I Need a Lawyer for a Personal Injury Case?
You are not required to hire a lawyer, but representation can significantly affect your outcome. Insurance companies have teams of adjusters working to minimize payouts. A personal injury lawyer knows how to value claims, negotiate, and litigate when needed. Studies show injured people who hire attorneys recover significantly more than those who handle claims alone.
When Should I Hire a Personal Injury Lawyer?
The sooner the better. Evidence disappears, witnesses’ memories fade, and Nevada has strict filing deadlines. Speak with a personal injury attorney as soon as possible after your injury, ideally before giving any recorded statement to insurance. Early legal guidance protects your rights and preserves critical evidence from the start.
The Personal Injury Process
What Does the Personal Injury Case Process Look Like From Start to Finish?
A personal injury case follows several stages. First, you call the firm for a free consultation. Once you decide to move forward, your attorney investigates the accident, collects evidence, and documents your injuries. While you focus on medical treatment, your legal team handles insurer communication. After you reach maximum medical improvement, your lawyer sends a demand letter and negotiates. If a fair settlement is not reached, your attorney files a lawsuit and prepares for trial. Throughout the process, your team keeps you informed.
How Long Do I Have to File a Personal Injury Claim in Nevada?
In Nevada, you generally have two years from the date of injury to file a personal injury lawsuit (NRS 11.190(4)(e)). Miss this deadline and the court will dismiss your case. Exceptions apply for cases involving minors or delayed discovery of an injury. Consult an attorney as soon as possible to ensure your claim is filed on time.
What Evidence Should I Collect After an Accident?
Document everything. Take photos and videos of the scene, your injuries, vehicle damage, and road conditions. Get witness names and contact information, request the police report, and keep all medical records, bills, and correspondence with insurers. A daily journal of pain levels, limitations, and emotional state in the weeks after the accident is also valuable evidence.
How Should I Prepare for My First Consultation?
Most initial consultations happen over the phone, so nothing needs to be brought in person. Have on hand: a summary of what happened, any scene photos, the police report number, witness contact information, and any insurance correspondence. If you have medical records or bills, keep those nearby. Don’t worry if you’re missing items; our team will walk you through the process.
Compensation and Settlements
How Much Is My Personal Injury Case Worth?
The value of a personal injury case depends on injury severity, medical costs, lost income, daily-life impact, and the other party’s degree of fault. There is no fixed formula. Cases involving permanent disability, long-term care, or significant pain and suffering are typically worth more. An experienced attorney can give you a realistic estimate.
How Is Pain and Suffering Calculated?
Pain and suffering refers to the physical discomfort and emotional distress caused by your injuries. Nevada has no single formula, but factors include severity and duration of pain, type of treatment, whether the injury is permanent, and impact on daily activities. Two common approaches: a multiplier applied to economic damages, or a per diem method assigning a daily dollar value to your suffering.
What Types of Compensation Can I Receive in a Personal Injury Case?
Personal injury compensation in Nevada includes economic damages (medical expenses, future medical costs, lost wages, lost earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship). In rare cases involving extreme or intentional misconduct, punitive damages may also be awarded.
Are Personal Injury Settlements Taxable?
In most cases, compensation for physical injuries or sickness is not subject to federal income tax. However, settlement portions allocated to punitive damages, emotional distress unrelated to a physical injury, or interest are generally taxable. Nevada has no state income tax, so state taxes are not a concern. Consult a tax professional for your specific situation.
How Are Personal Injury Settlements Paid Out?
Once a settlement is reached, the insurance company sends a check to your attorney. Your lawyer deducts outstanding medical liens, case expenses, and the agreed attorney fee, then pays you the balance. The process typically takes a few weeks after signing. You may have the option of a lump sum or a structured settlement with payments over time.
Common Myths and Misconceptions
Is It Worth Hiring a Personal Injury Lawyer for a Minor Accident?
What seems like a minor accident can still cause significant injuries that don’t appear immediately. Soft tissue injuries, concussions, and herniated discs often take days or weeks to show symptoms. An attorney can help you understand the full extent of your injuries before you accept a quick settlement that may not cover long-term medical needs. Consultations are free.
Should I Accept the Insurance Company’s First Settlement Offer?
In most cases, no. Insurance companies are businesses, and their first offer is designed to close your claim quickly and cheaply. Initial offers rarely cover the full cost of medical treatment (especially future care), pain and suffering, or lost wages. Once you sign a release, you cannot ask for more, even if injuries worsen. Always have an attorney review any offer.
Can I Still Recover Compensation if I Was Partially at Fault?
Yes. Nevada follows a modified comparative negligence rule (NRS 41.141): you can recover compensation as long as you are no more than 50 percent at fault, with your award reduced by your fault percentage. For example, 20 percent fault on $100,000 in damages means $80,000. Being partially at fault does not disqualify you.
If I Was Cited or Found at Fault for the Accident, Can I Still File a Personal Injury Claim?
A police citation does not automatically prevent you from filing a personal injury claim. Citations reflect an officer’s preliminary assessment, not a final legal conclusion about civil liability. Fault is determined separately through investigation, evidence, and sometimes expert analysis. Even if you received a ticket, the other party may share responsibility. An attorney can investigate, challenge fault, and pursue compensation.
Your Rights and Privacy
Is My Consultation With Richard Harris Law Firm Confidential?
Yes. From the moment you contact our firm, your conversation is protected. Even if you decide not to hire us, the details remain confidential under attorney-client privilege, one of the strongest legal protections that exists. You can speak openly without worrying anything will be shared with the other side, an insurer, or anyone else.
How Does Richard Harris Law Firm Protect My Personal Information?
We take client privacy seriously. All personal information you provide (medical records, financial documents, accident details) is kept strictly confidential and used only to handle your case. We follow all applicable privacy regulations and maintain secure systems. Your information is never sold, shared for marketing, or disclosed outside your legal team without your permission.
Will the Insurance Company or the Other Party Know I Contacted a Lawyer?
No one is notified when you call a law firm for a consultation. If you decide to hire us, your attorney will notify the insurance company that you’re represented, which works in your favor: insurers must then communicate with your lawyer instead of contacting you directly. This protects you from being pressured into recorded statements or low offers.
Can I Switch Lawyers if I Already Hired Someone Else?
Yes. You can change attorneys at any time during your case. If you’re unhappy with your current lawyer’s communication, strategy, or results, you are not stuck. Your new and former attorneys work out fee arrangements (typically from the final settlement or verdict), so there’s no out-of-pocket cost to switch. Many of our clients started with another firm.
What if the Other Party Does Not Have Insurance?
You may still have options if the at-fault party has no insurance. Your own auto policy may include uninsured or underinsured motorist (UM/UIM) coverage, which can compensate you. Other parties such as an employer, property owner, or vehicle manufacturer may also share liability. An attorney can review every available source of recovery for your situation.
Going to Trial (Litigation)
What Percentage of Personal Injury Cases Go to Trial?
Only about 3 to 5 percent of personal injury cases reach a courtroom; the vast majority settle. However, having an attorney willing and prepared to go to trial often produces better settlement offers, because insurers know the case won’t simply go away. Our trial attorneys are always prepared to take cases before a jury when fair compensation is refused.
What Does Litigation Mean in a Personal Injury Case?
Litigation is the formal court process for resolving a dispute. In a personal injury case, it begins when your attorney files a complaint (the lawsuit document). Both sides exchange information through discovery, which may include depositions, document requests, and expert reports. The case may go through mediation, a structured negotiation with a neutral third party. If unresolved, it proceeds to trial, where a judge or jury decides. Litigation does not always mean trial; many cases settle during the process.