Personal Injury Lawyer - Mitchell Rogers

Accidents can cause devastating physical, emotional, and financial consequences. If you or a loved one is injured in an accident in Nevada, you may be entitled to compensation for your injuries and losses. A Henderson personal injury lawyer from Mitchell Rogers Injury Law can guide you through the legal process and help you navigate the complexities of Nevada’s personal injury laws while holding the negligent parties responsible and fighting for the justice you deserve.

What is a Personal Injury Claim?

A personal injury claim arises when you suffer injuries due to another party’s negligence, recklessness, or intentional actions. Personal injury law, also known as tort law, allows injured individuals to seek compensation for their medical expenses, lost wages, pain and suffering, and other losses.

Nevada personal injury claims are typically based on the concept of negligence. To succeed in a personal injury claim, the injured party must prove that the responsible party owed a duty of care, breached that duty, and caused the injury through their actions or inaction. Personal injury claims can arise from accidents and incidents, including auto crashes, workplace accidents, medical malpractice, defective products, and more.

Our Personal Injury Law Firm Handles a Wide Range of Cases

Our Henderson injury law firm handles a broad spectrum of personal injury cases. Some of the cases we handle include the following:

Car accidents: Car crashes often result in severe injuries and even death, taking 236 lives in Clark County in 2021, according to the Nevada Department of Transportation (NDOT). Nevada is a fault state, meaning the at-fault driver is responsible for compensating the injured party.
Truck accidents: Due to trucks’ size and weight, accidents often result in catastrophic injuries. Trucking companies and their insurers have aggressive legal teams, making it crucial for accident victims to have an experienced Henderson injury attorney on their side.
Motorcycle accidents: Motorcycle riders are particularly vulnerable in accidents due to the lack of protection compared to cars. Injuries can be severe, including road rash, fractures, head injuries, and spinal damage.
Slip and fall accidents: Property owners must maintain safe premises, and when they fail to do so, serious accidents like slips and falls can occur. Common causes include wet floors, uneven surfaces, and poor lighting.
Medical malpractice: When medical professionals fail to provide a standard level of care, patients can suffer life-altering injuries. Medical malpractice cases include surgical errors, misdiagnoses, medication errors, and birth injuries.
Wrongful death: When an accident results in a loved one’s death, surviving family members can file a wrongful death claim. This type of claim seeks compensation for funeral expenses, lost future income, and the emotional suffering caused by the untimely death.
Dog bites: Nevada follows a one-bite rule, meaning a dog owner may be liable for injuries if they knew or should have known that their dog was dangerous. Dog bite injuries can cause significant physical and emotional trauma.
Pedestrian accidents: Pedestrian accidents often occur when drivers fail to yield, speed, or drive distracted, leaving pedestrians vulnerable to severe injuries or fatalities. The NDOT reports that there were 61 pedestrian fatalities in Clark County in 2021.
Casino and hotel injuries: Casinos and hotels in Henderson must maintain a safe environment for their guests. The property owners may be liable when accidents occur due to hazards like slippery floors, poor lighting, or faulty equipment.
Rideshare accidents: Rideshare services like Uber and Lyft have become popular in Henderson, but accidents involving these vehicles can be complex because determining liability can involve multiple parties, including the rideshare driver and the company itself. You may be entitled to compensation for your injuries, whether you were a passenger, another driver, or a pedestrian.

Our injury law firm also handles personal injury cases involving bus accidents, bicycle accidents, taxi cab accidents, boating accidents, burn injuries, catastrophic injuries, and traumatic brain injuries.

Each of these cases requires a unique legal approach and a thorough investigation to establish fault and liability. Our skilled Henderson personal injury attorneys will evaluate your case, determine who is responsible for your injuries, and work to secure the maximum compensation available under the law.

Steps to Take After an Accident in Henderson, NV

If you are injured in an accident, taking the proper steps to protect your health and preserve your legal rights is essential. Here is what you should do after an accident in Henderson:

Seek Medical Attention

Even if your injuries seem minor, seeing a doctor as soon as possible after an accident is essential. Some injuries, such as concussions or internal bleeding, may not show immediate symptoms but can worsen over time. A medical evaluation ensures that you receive the necessary treatment and creates a record of your injuries that will be crucial to your personal injury claim.

Report the Accident

Depending on the nature of the accident, you may need to report it to the appropriate authorities. For example:

In a car accident, you should report the crash to law enforcement and your insurance company.
If you were injured on private property, report the incident to the property owner or manager.
If your injury occurred in a workplace accident, notify your employer and file a workers’ compensation claim.

Obtain copies of any official reports, as these documents will provide valuable evidence in your personal injury case.

Document the Scene

If possible, take photos and videos of the accident scene, including any hazards, property damage, and your injuries. These visual records can help establish the cause of the accident and support your claim. Also, the contact information of any witnesses who saw the accident should be collected.

Avoid Making Statements

After an accident, avoid discussing the details of the incident with anyone other than your injury lawyer and medical professionals. Be cautious when speaking with insurance adjusters, as they may try to use your statements against you to reduce the value of your claim.

Contact a Personal Injury Lawyer

Personal injury claims can be complex, especially when dealing with insurance companies and large corporations. Our experienced Henderson personal injury law firm can handle the legal aspects of your case, including gathering evidence, negotiating with insurers, and representing you in court if necessary. The sooner you contact an injury attorney, the better your chances of securing fair compensation.

Damages You Can Recover in a Personal Injury Claim

In Nevada, personal injury victims may recover various types of compensation, known as damages. These damages are typically divided into economic and non-economic damages. In some rare cases, punitive damages may also be available.

Economic Damages

Economic damages compensate you for the financial losses you have suffered because of the accident. These damages are typically easier to calculate because they are based on tangible costs, such as:

Medical expenses: These include the cost of emergency care, surgeries, hospital stays, physical therapy, prescription medications, and any necessary future medical treatments.
Lost wages: If your injury prevents you from working, you may be entitled to compensation for your lost income during your recovery. This also includes compensation for reduced earning capacity if your injury results in a long-term or permanent disability.
Property damage: If your personal property was damaged in the accident, you may be entitled to reimbursement for the repair or replacement cost.
Out-of-pocket expenses: Your claim can include any other costs related to the accident, such as transportation to medical appointments or the cost of hiring help at home.

Non-Economic Damages

Non-economic damages compensate you for the more subjective, non-financial losses you experience due to your injuries. These damages can be more difficult to quantify but are just as important as economic damages. They include:

Pain and suffering: This is compensation for the physical pain and discomfort caused by the injury and any ongoing pain that may persist in the future.
Emotional distress: Injuries can profoundly impact your mental and emotional well-being. Compensation for emotional distress addresses issues such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Loss of enjoyment of life: If the injury negatively affects your ability to participate in activities or hobbies you once enjoyed, you may be entitled to compensation for this loss.
Loss of consortium: In some cases, your spouse or family members may be entitled to compensation for the loss of companionship, affection, and support that results from the injury.

Punitive Damages

In rare cases, the court may award punitive damages in a personal injury claim. These damages are not intended to compensate you for your losses but to punish the defendant for particularly egregious behavior, such as gross negligence or intentional misconduct. Punitive damages are meant to deter others from engaging in similar conduct.

How Our Henderson Injury Lawyers Can Help You

Navigating a personal injury claim on your own can be overwhelming, especially when you are trying to recover from a serious injury. Our personal injury attorneys can handle the legal complexities of your case, giving you the time and space to focus on your health. Here is how Mitchell Rogers Injury Law can help:

Investigating the accident: One of the first steps we will take is thoroughly investigating the accident. This may involve gathering evidence such as police reports, medical records, witness statements, photographs or videos of the accident scene, and expert testimony. We will work to establish liability and build a strong case to support your claim.
Negotiating with insurance companies: Insurance companies are often more concerned with protecting their bottom line than fairly compensating injury victims. Adjusters may try to minimize your claim or offer a low settlement. We will handle all communications with the insurance company and negotiate on your behalf to ensure you receive a fair settlement.
Filing a lawsuit: If we cannot reach a fair settlement through negotiations, we may advise filing a lawsuit. In Nevada, personal injury victims have a limited time to file a personal injury claim. We will ensure you meet all deadlines and represent you in court if necessary.
Maximizing your compensation: We will work to maximize the value of your claim by identifying all possible sources of compensation. In addition to seeking compensation from the at-fault party, our experienced legal team may explore other avenues, such as pursuing claims against third parties or underinsured/uninsured motorist coverage.
Providing legal guidance and support: The legal process can be complex when dealing with the aftermath of a severe injury. We will provide you with the legal guidance and support you need, answer your questions, and keep you informed about your case’s progress.

Statute of Limitations for Nevada Personal Injury Claims

Nevada law imposes a statute of limitations on personal injury claims, which is the deadline for filing a lawsuit. In most personal injury cases, the statute of limitations is two years from the accident date. You may lose your right to pursue compensation if you do not file your claim within this time frame.

There are some exceptions to this rule, such as cases involving minors or when the injury was not discovered until later. It is crucial to consult with a Henderson law firm as soon as possible to ensure that you file your claim within the appropriate time limits.

Comparative Negligence in Nevada Personal Injury Cases

Nevada personal injury cases often involve a legal principle called comparative negligence. This doctrine plays a crucial role in determining how fault is allocated between the parties involved in an accident and how much compensation you may receive. Comparative negligence can significantly impact the amount of damages you recover.

Nevada follows a modified comparative negligence rule, outlined in NRS 41.141, which means you can recover compensation if you are not more than 50% at fault for the accident. You may not be entitled to any damages if you are 51% or more responsible.

Contact Our Henderson Personal Injury Lawyers

If you are injured in an accident in Henderson, NV, do not face the legal process alone. Our experienced personal injury attorneys are here to help you pursue the compensation you deserve.

At Mitchell Rogers Injury Law, we offer free consultations to discuss your case and explain your legal options. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Contact us today to schedule your consultation and take the first step toward justice.