Fernley, NV Personal Injury Lawyer
The City of Fernley has access to one of the main transportation systems that serve the major West Coast markets. Located less than 15 minutes from the Tesla Gigafactory and 30 minutes from the Reno-Sparks metropolitan area, Fernley welcomes new industrial and commercial ventures in town. However, with increased business and traffic comes increased accidents and injuries.
Personal injuries can place an immense amount of pressure on personal injury victims and their families. Weighed down with medical bills and lost income, it is understandable that some may be eager to accept the first settlement to be offered to them. But doing so could mean you lose an opportunity to get the maximum compensation that will cover the costs of all your damages.
The lawyers at Richard Harris Personal Injury Law Firm are here to advocate for the rights of Fernley residents. Having an experienced personal injury attorney on your side is vital to ensure that your losses are fairly compensated for. Our Fernley attorneys are ready to listen and provide quality legal advice that you can trust. Contact us today for a free case evaluation and find out what we can do for you.
What is Personal Injury Law?
Personal injury law is designed to protect victims who have been injured due to another party’s actions. Although laws vary from state to state, generally, the person who has been injured can be financially compensated by the party who caused the accident.
Personal injury cases may be filed against a person, business, or organization. To file a claim, your lawyer will need to prove that the party’s actions caused harm for one of the following reasons:
- Negligence: The party failed to display reasonable “duty of care” that was owed (e.g. car accident, wrongful death)
- Intentional misconduct: The party willfully acted with the intention to cause harm (e.g. elderly abuse, fraud)
- Strict liability: Although not directly at fault, the party is liable for the damages (e.g. dangerous drugs, product liability)
What are Your Rights?
Generally, the majority of personal injury cases are the result of the negligence or careless actions of another person or entity. Though it may have been an unintentional accident, this does not diminish your legal right to be fairly compensated for your losses. It is fair and right for responsible parties to be held accountable for their actions.
If you have been injured by another party, you are legally entitled to file a claim for the damages suffered, so you need not feel bad in seeking reparation. Normally, it will be the insurance company that will pay the agreed settlement amount rather than the individual themselves.
We are aware it can be overwhelming to take the first step, but our experienced lawyers can advise you on the best way to get fair compensation. We will explain your legal options and help you navigate your way through the legal process when we take on your case.
Proving Negligence in the State of Nevada
Proving negligence can be a difficult task, especially when dealing with organizations and insurance companies. When filing a claim based on the negligence of another party (the defendant), there must be substantiated evidence to prove that their actions or failure to act caused your injuries (you being the plaintiff).
To determine whether the defendant was negligent, the following 4 factors must be established in cases of negligence:
- Duty of care: The defendant owed the plaintiff a duty of care
- Breach: The defendant breached that duty
- Injuries: The breach of duty caused the plaintiff’s injuries
- Damages: The plaintiff suffered damages due to those injuries
Gathering evidence and proving negligence can be extremely challenging without the proper resources on hand. To ensure you have the best chance at recovering your losses, you must work with an experienced personal injury lawyer to advocate for your rights. Why not talk to one of our qualified attorneys for a free case evaluation today?
Practice Areas We Handle
We have over 40 years of experience helping our clients seek justice. Although each client’s personal injury case is unique, every case has its own applicable laws and procedural requirements. We are fully equipped with the people and resources to handle your case and advocate for your rights.
Our law firm offers a broad range of services so that we can assist Fernley residents with their specific legal needs. Types of cases we handle include the following:
- Auto accidents
- Criminal defense
- Product liability
- Dog bites
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse
- Premises liability
- Semi-truck accidents
- Slip-and-fall accidents
- Social Security Disability
- Work-related injuries
- Wrongful death
When our Fernley personal injury attorneys take on a case, they keep your best interests at heart and put their knowledge and experience to work for a successful outcome. Hiring an attorney who understands the system can significantly reduce your stress through the legal process. The Richard Harris team is dedicated to getting the maximum compensation available to you so that you can focus on your recovery and move forward with your life.
Time is Limited to File Your Claim
The statute of limitations is a time limit set by each state to file your claim. The State of Nevada enforces a strict 2-year time limit from the date of injury to file. If you fail to submit on time, your case will most likely be rejected, forfeiting your right to seek compensation.
There are other limitations that may apply in other cases, such as claims made against a government worker or entity. Therefore, it’s in your best interests to hire an experienced personal injury attorney who knows and understands the laws and limitations specific to your case.
Make sure you don’t miss the deadline. Enlist the help of a seasoned personal injury lawyer who can ensure your documents are ready to submit within the required time limits. Contact Richard Harris Personal Injury Law Firm to get started on the right path.
What is Modified Comparative Fault?
Nevada State follows the modified comparative fault rule which means each party is held responsible for damages in proportion to their own percentage of fault. For example, if you were rewarded $100,000 but your share of the fault was 10 percent, the maximum amount you can claim is $90,000.
However, another important factor of the comparative fault rule in Nevada is the 51 percent rule. If you share more than 51 percent of fault in the accident, you will be barred from receiving any monetary compensation.
Determining who was at fault and to what extent is tricky. It depends on establishing the facts through good documentation and clear evidence. Having strong legal representation by an experienced personal injury lawyer will give you a good foundation for your case.
Damages You Can Get
We have helped our clients recover over 1 billion dollars for their losses. We are aware that accident victims and their families not only suffer physically but also often face financial and emotional burdens. An experienced personal injury attorney will work hard to seek both economic and non-economic damages for you if circumstances allow.
What’s the difference between economic and non-economic damages?
Economic damages refer to monetary losses that arise from your injuries. In the State of Nevada, there is no limit on the amount of financial recovery you can receive for economic damages, with the exception of cases against government workers.
Financial damages that can be recovered include the following, but are not limited to:
- Medical bills
- Lost wages
- Loss of future earning capacity
- Property damage
- Rehabilitation expenses
Non-economic damages refer to the losses that don’t come with a price tag. These can include:
- Pain and suffering
- Emotional trauma
- Physical impairment
- Diminished quality of life
- Loss of love and companionship
The attorneys at Richard Harris Personal Injury Law Firm don’t just look at the out-of-pocket costs, but they consider how our client’s life has been impacted by his or her injuries. We believe each person deserves a fair evaluation of the full extent of his or her injuries and how life has been impacted. Our job is to get the maximum reward that reflects those damages so that you can move on with your life.
Are There Limits On the Amount of Compensation?
Although there are no caps for the majority of personal injury cases, there are a few exceptions as mentioned below.
Medical malpractice claims
The State of Nevada has set a limit on financial recovery for non-economic damages involving medical negligence. There is a maximum amount of $350,000 for non-economic damages such as pain and suffering. (This limit does not apply to economic damages.)
Claims against government employees
If your claim is against a Nevada government employee based on an act or omission within the scope of his or her duties, the maximum amount you can claim is capped at $100,000.
Punitive damages refer to the punishment delivered to the liable party for their wrongful conduct. The State of Nevada imposes a limit on the amount you can recover for punitive damages. The amount you can recover depends on the sum of your compensatory damages.
Punitive damages are limited as follows:
- If compensatory damages is $100,000 or more, the amount awarded to the plaintiff may not exceed 3 times the amount, or;
- If the compensatory damages are less than $100,000, the maximum amount you can recover is capped at $300,000
How a Fernley, NV Personal Injury Lawyer Can Help
Navigating the complex legal process can be arduous and complicated without the proper resources on hand. Our Fernley personal injury lawyers know how to establish the facts and use their knowledge and experience to build a strong case for you. We put our clients’ interests first and will be there to help you each step of the way.
Some of the duties the Richard Harris team performs include:
- Interviewing and gathering witness statements
- Collecting supporting evidence including police reports, affidavits, expert advice
- Communicating with insurance companies
- Managing settlement negotiations
- Filing a lawsuit and required documentation with the court if necessary
- Keeping you up to date with the progress of the case
- Seeking the maximum compensation available
We’re Here To Help – Let Us Be a Part of Your Story
What started 40 years ago as a one-man operation has developed into a full-service law firm that has helped thousands of Nevadans across the state. Let our reputation speak for itself – see what our clients say about us.
If you or a family member has been injured due to the actions of another party, you don’t have to face this crisis alone – we are here to help.
At Richard Harris Personal Injury Law Firm, there is no need to worry about hidden lawyer fees or up-front costs. Our law firm works on a contingency basis, which means that you don’t pay a cent until we have successfully resolved your case. Call or text (702) 745-8555 24/7 for a free consultation and we can give you the quality legal advice you can trust.