Frequently Asked Questions

Many accident victims don’t realize that what they do after suffering an injury affects the legal options and opportunities they have, including the ability to recover financial compensation. If you’ve been involved in an accident in Las Vegas, here are some steps you should take:

1. Check for injuries: First and foremost, make sure everyone involved in the accident is okay, and call 911 if anyone needs medical attention.
2. Move to a safe location: If possible, move your vehicle to the side of the road or a safe location to avoid further accidents.
3. Exchange information: Exchange contact and insurance information with the other driver(s) involved in the accident, and get contact information from any witnesses.
4. Take photos: Take photos of the accident scene, including any damage to the vehicles and any injuries sustained.
5. File a police report: Call the police to report the accident and get a copy of the police report.
6. Contact your insurance company: Contact your insurance company as soon as possible to report the accident and start the claims process.
7. Seek medical attention: Even if you don’t feel injured right away, it’s important to seek medical attention to ensure that any injuries are properly diagnosed and treated.
8. Contact a Las Vegas personal injury attorney: If you’ve been injured in a Las Vegas accident, consider contacting a personal injury attorney to help you navigate the legal process and seek compensation for your injuries.

Remember, it’s important to stay calm and avoid admitting fault or making any statements that could be used against you later on. Focus on getting the help you need and protecting your rights.

If you’ve been injured in an accident in Las Vegas, you may have a personal injury case if the following conditions apply:

1. You suffered an injury: To have a personal injury case, you must have suffered an injury, whether it’s physical, emotional, or both. This injury must have been caused by someone else’s negligence or intentional actions.
2. Someone else was at fault: You must be able to prove that someone else was responsible for your injury. This could be another driver in a car accident, a property owner who failed to maintain their premises, or a manufacturer who produced a defective product.
3. Damages were incurred: You must have suffered damages as a result of your injury, such as medical expenses, lost wages, pain and suffering, or property damage.
4. The statute of limitations has not expired: In Nevada, the statute of limitations for personal injury cases is two years from the date of the injury. If you wait too long to file a claim, you may lose your right to seek compensation.

If you believe that you have a personal injury case, it’s important to contact a Las Vegas personal injury attorney as soon as possible. An attorney can help you determine whether you have a case and guide you through the legal process to seek compensation for your injuries.

In Las Vegas, the statute of limitations for personal injury lawsuits is two years from the date of the injury. This means that you have two years from the date of the accident or injury to file a lawsuit in civil court.

Nevada Revised Statutes § 11.190(4) states:

• NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
  • Within 2 years:
  • (e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.

It’s important to note that the statute of limitations can vary depending on the type of case and the state in which the injury occurred. In some cases, the statute of limitations may be shorter or longer than two years. For example, medical malpractice cases in Nevada have a statute of limitations of three years.

If you wait too long to file a lawsuit, you may lose your right to seek compensation for your injuries. That’s why it’s important to contact a Las Vegas personal injury attorney as soon as possible after an accident or injury to ensure that you meet all applicable deadlines and protect your rights.

The value of a Las Vegas personal injury claim depends on a variety of factors, including the severity of the injuries, the extent of the damages, and the circumstances of the accident. Here are some of the factors that can affect the value of a personal injury claim:

• Medical expenses: The cost of medical treatment, including hospital stays, surgeries, medications, and rehabilitation, can be a significant factor in determining the value of a personal injury claim.
• Lost wages: If you were unable to work due to your injuries, you may be entitled to compensation for lost wages and lost earning capacity.
• Pain and suffering: This includes physical pain, emotional distress, and other non-economic damages.
• Property damage: If your property was damaged in the accident, such as your car or personal belongings, you may be entitled to compensation for the cost of repairs or replacement.
• Liability: The degree of fault or liability of the parties involved in the accident can also affect the value of a personal injury claim.
• Insurance coverage: The insurance policy limits of the at-fault party can also affect the value of a personal injury claim.

It’s important to note that every case is unique, and there is no set formula for calculating the value of a personal injury claim. A Las Vegas personal injury attorney can help you evaluate the specific factors in your case and determine a fair and reasonable value for your claim.

Most Nevada personal injury claims are based on the legal theory of negligence. A negligence claim by an injured plaintiff alleges that one or more defendants did not act with a reasonable or ordinary amount of care, and that this is what caused the plaintiff’s injury or harm.

In personal injury law, the plaintiff is given the burden of proof. This means it must be shown using evidence that the defendant is more likely to be responsible for the plaintiff’s injuries than not responsible. Meeting this burden of proof requires compelling evidence of four elements:

1. The defendant had a duty of care not to cause harm to the plaintiff.
2. The defendant breached or violated this duty of care with a negligent act or omission.
3. The defendant’s breach of duty was the proximate cause of the plaintiff’s injuries or losses.
4. The defendant’s actions resulted in real losses for the plaintiff, such as physical injuries or financial losses.

An attorney can search for and collect evidence to support your Las Vegas personal injury case. Common examples include a police or incident report, eyewitness statements, expert witness testimony, documents and records, medical records, photographs, and videos. Personal injury lawyers are skilled storytellers who can present your case in a compelling way to a judge or jury to achieve the best possible results.

Many Las Vegas personal injury attorneys, including the ones at the law firm of Ed Bernstein and Associates, work on a contingency fee basis. This means that we don’t charge any upfront fees and only get paid if they win your case. If we help you recover compensation, we will take a percentage of the settlement or verdict as our fee. You won’t have to pay anything out of pocket, and if we aren’t able to recover compensation on your behalf, you owe us nothing.

It’s important to discuss the attorney’s fee structure upfront and make sure you understand how much you will be charged and when. You should also ask about any additional expenses, such as court fees, expert witness fees, and other costs associated with your case.

Overall, hiring a Las Vegas personal injury attorney can be a cost-effective way to pursue compensation for your injuries, as they can help you or your loved one navigate the legal process and maximize your recovery. Our attorneys also offer free initial consultations, so you can discuss your case and get an idea of the potential costs and benefits of working with us before making a decision.

It is important not to take the decision of which attorney to hire lightly. The skill of your attorney can significantly affect the outcome of your personal injury case. Do your research and find an attorney who checks all of the boxes in terms of experience, ability and compassion. Your lawyer should give you peace of mind and confidence in his or her abilities.

Look for the following key traits to ensure that the lawyer you choose to hire has what it takes to successfully represent you:

• Experience: your lawyer should have ample experience navigating cases in your practice area. This will give him or her in-depth knowledge of the laws, issues and nuances surrounding your particular type of case.
• Results: search for an attorney with a history of successfully resolving clients’ cases. A high case success rate and millions of dollars collected on behalf of clients are signs that the attorney is able to achieve the results you need.
• Reputation: your personal injury lawyer should have a positive reputation among the community and his or her peers. Read reviews and client testimonials to get an idea of what to expect. Professional awards and accolades are also a good sign.
• Dedication: the right attorney for you will truly care about your health, family, recovery and future. You should feel that your lawyer is passionate about pursuing justice on your behalf, no matter what it takes.

Don’t be afraid to ask a prospective personal injury attorney in Las Vegas questions about his or her law firm, experience, communication, pricing and services during a free consultation. Getting to know the lawyer will allow you to gauge whether he or she is the right fit for you.

The length of time it takes to resolve a Las Vegas personal injury case can vary widely depending on the specific circumstances of the case. Some cases may be resolved quickly, while others may take several months or even years to reach a resolution.

Here are some factors that can affect the timeline of a personal injury case:

• The severity of the injuries: Cases involving more serious injuries may take longer to resolve because they may require more extensive medical treatment and evaluation.
• The complexity of the case: Cases involving multiple parties, complex legal issues, or disputed liability may take longer to resolve than simpler cases.
• The willingness of the parties to negotiate: If the parties are willing to negotiate and reach a settlement, the case may be resolved more quickly than if the parties are unable to come to an agreement.
• Court schedules: If the case goes to trial, the timeline will be affected by the court’s schedule and availability.
• The strength of the evidence: Cases with strong evidence in favor of one party may be resolved more quickly than cases with weaker evidence.

It’s important to note that every case is unique, and it’s difficult to predict exactly how long a case will take to resolve. A Las Vegas personal injury attorney can help you understand the timeline of your case and keep you informed throughout the process.

Yes, you may still be able to recover damages in a Las Vegas personal injury case even if you were partially at fault for the accident. Nevada follows a modified comparative negligence rule, which means that you can still recover damages as long as you were less than 50% at fault for the accident. If you were more than 50% at fault, you would be barred from seeking compensation.

Under this rule, your total damages will be reduced by your percentage of fault. For example, if you were found to be 25% at fault for the accident and your damages were $100,000, your total recovery would be reduced by 25% to $75,000.

It’s important to note that determining fault in a personal injury case can be complex, and it’s often subject to interpretation. Many times, the other party’s insurance company or legal counsel will try to place more blame on you to reduce their liability.

That’s why it’s important to work with a Las Vegas personal injury attorney who can help you navigate the legal process and protect your rights. An experienced attorney can help you or your loved one gather evidence, negotiate with insurance companies, and build a strong case to maximize your recovery, even if you were partially at fault for the accident.

Knowing what to expect during a personal injury claim can help you have greater peace of mind as you look toward the future. Your attorney can guide you carefully through each step of the process to effectively and efficiently resolve your case. The personal injury claims process in Las Vegas typically involves the following steps:

1. Seek medical attention: Your health and safety should be your top priority after an accident. Seek medical attention right away, even if you don’t think you’ve been seriously injured.
2. Gather evidence: Collect as much evidence as possible to support your claim, including photos of the accident scene, witness statements, and any medical records or bills related to your injuries.
3. Contact a Las Vegas personal injury attorney: A personal injury attorney can help you navigate the legal process and protect your rights. They can also help you determine the value of your claim and negotiate with insurance companies.
4. File a claim: Your attorney will help you file a claim with the at-fault party’s insurance company, outlining the details of the accident and your injuries.
5. Investigation: The insurance company will investigate the claim, which may involve reviewing medical records, interviewing witnesses, and consulting with experts.
6. Negotiation: Your attorney will negotiate with the insurance company to try to reach a settlement that fairly compensates you for your injuries and damages.
7. Litigation: If a settlement cannot be reached, your attorney may file a lawsuit and take your case to court.
8. Settlement or verdict: If your case goes to trial, a judge or jury will decide the outcome. If a settlement is reached, you will receive compensation for your injuries and damages.

It’s important to note that every case is unique, and the personal injury claims process can vary depending on the specific circumstances of your case. A Las Vegas personal injury attorney can help you understand the process and guide you through each step to protect your rights and maximize your recovery.

At Ed Bernstein Injury Lawyers, we understand that accidents can happen in many different ways, leaving victims with physical, emotional, and financial challenges. Our experienced legal team is dedicated to representing clients in a wide range of accident cases in Las Vegas. We can help you if you’ve been injured in any of the following types of accidents:

• Motor Vehicle Accidents: Whether you were involved in a car accident, truck accident, or motorcycle accident, we can help you pursue compensation for injuries caused by negligent drivers. These accidents often result in serious injuries, and our firm is committed to holding responsible parties accountable.
• Wrongful Death: If you’ve lost a loved one due to someone else’s negligence or wrongful actions, our compassionate attorneys can guide you through the process of seeking justice and compensation for your loss.
• Workers’ Compensation: If you were injured on the job, we can assist you in navigating the workers’ compensation system to ensure you receive the benefits you’re entitled to, including medical care and lost wages.
• Hotel and Casino Accidents: Las Vegas is known for its bustling hotels and casinos, but accidents such as slips and falls, inadequate security, or other incidents can occur. We represent clients injured due to unsafe conditions in these establishments.

No matter the type of accident, Ed Bernstein Injury Lawyers is here to protect your rights and fight for the compensation you deserve. Each case is unique, so contact our firm for a free consultation to discuss your situation and learn how we can help you move forward.

A common misconception is that every personal injury claim filed in Nevada ends up as a court case with a lengthy trial in front of a judge and jury. The reality is that the vast majority of personal injury cases are resolved via settlements. A settlement is an out-of-court agreement made between an insurance company and a claimant to resolve a legal dispute for an agreed-upon sum of money.

With a trial attorney representing you during insurance settlement negotiations in Las Vegas, you can minimize your odds of having to go to trial. However, it may benefit you to file a lawsuit with a civil courthouse in Clark County, instead, in some circumstances.

For example, if an insurance company refuses to offer a reasonable settlement or wrongfully denies your claim, taking the case to trial may be the only way to seek justice and fair financial compensation. Having the right attorney by your side during a personal injury trial can make all the difference to your legal experience and case outcome.