Henderson Personal Injury Lawyer

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Henderson Personal Injury Lawyer

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Henderson is the second-largest city in Nevada, and there are many ways that people can sustain injuries caused by the negligence of others in this area. With close proximity to Las Vegas, there are always crowds of both residents and out-of-state visitors. At DiMarco | Araujo | Montevideo, we are here to help when you need a Henderson personal injury lawyer. We pledge to completely investigate your case in order to secure the compensation you need.

Choose DiMarco | Araujo | Montevideo to Help With This Case

Residents and visitors alike need an attorney they can trust both personally and professionally in these cases. DiMarco Araujo Montevideo is here to help.

  • We have more than 40 years of legal experience helping clients secure compensation for a variety of personal injury matters.
  • We negotiate vigorously on behalf of our clients, and we are not afraid to take a case to trial if that is what it takes to secure maximum compensation.
  • We take Henderson’s personal injury cases on a contingency fee basis. Our clients will never have to worry about paying legal fees until after we secure the compensation they need.

How Will an Attorney Benefit This Case?

Whether you are a resident of Henderson or a visitor to the area, personal injury cases can be complicated. However, an attorney can:

  • Obtain all evidence needed to prove liability, including any video or photo surveillance, statements from eyewitnesses, accident reports, and more.
  • Work with a trusted medical professional to ensure the well-being of their client and to help calculate total losses.
  • Negotiate with all parties involved to obtain a fair settlement on behalf of their client.

Personal Injuries Can Lead to Tremendous Expenses

There are various ways that a person can be injured due to the negligence of somebody else in and around the Henderson area. With such close proximity to Las Vegas, this can become a crowded area. At DiMarco Araujo Montevideo, our Henderson personal injury lawyers regularly help clients who have been harmed due to the following:

  • Car accidents
  • Commercial truck accidents
  • Pedestrian or bicycle accidents
  • Motorcycle accidents
  • Uber or Lyft accidents
  • Taxi or transit bus accidents
  • Premises liability incidents
  • Slip and fall accidents
  • Negligent security incidents
  • Swimming pool accidents

We also help residents in and around Henderson who have been injured at construction sites or who have sustained another type of work injury. It is not uncommon for our attorneys to help clients who have sustained traumatic brain injuries, spinal cord injuries, broken or dislocated bones, internal organ damage, severe lacerations, and more.

For any injuries that happen in Henderson, Nevada, victims will have two years from the date the injury occurs to file a lawsuit against an alleged negligent party. Failure to file a lawsuit within this two-year statute of limitations will result in a victim being unable to recover any compensation for their claim.

What You Can Do After Sustaining a Personal Injury in Henderson

There are various steps you can take after sustaining a personal injury in Henderson, NV, that can help improve your chances of obtaining maximum compensation for your claim. The attorneys at DiMarco Araujo Montevideo recommend that all personal injury victims do the following:

  • Seek immediate medical care. Regardless of how minor or severe your injury seems, you need to be evaluated by a medical professional. Failing to seek medical care after sustaining an injury could result in the at-fault party or insurance carriers delaying or denying your claim. Seeking medical care establishes a link between the accident and your injuries.
  • Report the incident. You need to report your injury to the appropriate authorities. For car accidents, this will be law enforcement. For work injuries, this will be your supervisor. If you are injured on another person’s property, then you need to report the incident to the property owner or operator. Reporting the incident ensures that an accident report will be completed.
  • Obtain evidence. If you are able to do so, gather as much evidence as possible. This can include any video or photo surveillance of the incident, the names and contact information of eyewitnesses, accident reports, and more.
  • Continue medical treatment. Injury victims need to continue seeking medical treatment until their physician says they have reached maximum medical improvement. Discontinuing medical care before reaching maximum medical improvement could give insurance carriers a reason to deny your claim.
  • Contact an attorney. A skilled personal injury attorney in Henderson will be able to get involved in your case very quickly and help you obtain evidence to prove liability for your claim.

The Time Limit to File a Personal Injury Claim in Henderson

Victims of injuries in Henderson or the surrounding areas need to be aware of the time limits to file personal injury claims. In Nevada, the personal injury statute of limitations is two years from the date an injury occurs. This means that a personal injury victim has a two-year window with which to file a lawsuit against an alleged negligent party. If a victim fails to file a lawsuit within this timeframe, they will lose the ability to recover any compensation for their losses.

This two-year timeframe does not apply to any insurance claims that need to be made relating to the injury. Most insurance carriers require that injuries be reported as soon as possible after the incident occurs. Failing to report an injury to the insurance carrier, as required by the policy, could result in a delayed settlement or a denial of the claim.

Determining Liability of the At-Fault Party

Determining liability in the aftermath of a personal injury incident in Henderson is incredibly important. An attorney will work to prove the following four elements of negligence for your case:

  • Duty. It needs to be shown that the defendant (the alleged negligent party) owed the plaintiff (the injury victim) a legal duty of care. The duty of care will look different depending on the situation surrounding the personal injury incident. For example, all drivers owe a duty of care to others around them to operate safely. Business owners have a duty of care to ensure that their premises are safe for customers and employees.
  • Breach. The next element in these cases will be to determine if the defendant breached their duty of care by doing something or failing to do something that an average or reasonable person would do in a similar situation. For example, a driver impaired by alcohol will have breached their duty to others around them. Business owners that fail to have a protocol in place to clean up spills will have breached their duty to their patrons.
  • Causation. It will need to be shown that a breach of duty of care directly caused the injury in losses they plaintiff incurred. This is often difficult because a breach of duty is not always the cause of a plaintiff’s injuries.
  • Damages. Finally, it needs to be shown that the plaintiff suffered some sort of monetary loss due to their injuries caused by the breach of duty.

Will Your Personal Injury Case in Henderson Have to Go to Court?

The vast majority of personal injury cases are settled before they go to court. In fact, most personal injury matters are resolved between insurance carriers before a lawsuit is even filed. However, it may very well be necessary to file a personal injury lawsuit if the insurance carrier or at-fault party refuses to offer a fair settlement for your losses. Even after a lawsuit is filed, most cases are settled before they are heard in front of a jury.

Cases that are settled out of court are typically resolved much quicker than cases that go to a jury trial. However, this should not deter you or your attorney from taking a case to trial if necessary to obtain full compensation. Often, taking a case to court is the only way to ensure the negligent party is held responsible for their actions.

What if a Victim Was Partially to Blame for Their Injuries?

Even a person partially to blame for their injuries could still be able to recover compensation for their losses. Under Section 41.141 of the Nevada Revised Statutes (NRS), we can see that this state operates under a “modified comparative negligence” system. This means that an injury victim can recover compensation so long as they are 50% or less responsible for the incident. Any person more than 50% responsible for their injuries will not be able to recover any compensation, regardless of how serious the injury is.

However, victims who are partially to blame will receive reduced compensation based on their percentage of fault. For example, if a person is awarded $100,000 in total compensation for their injuries, but a jury determines that they were 70% at fault for the incident, then they would receive a reduced amount of $70,000 in compensation.

Is There Compensation Available for This Case?

If you or somebody you love has sustained an injury caused by the negligent actions of another person in Henderson, you may be entitled to various types of compensation. At DiMarco Araujo Montevideo, we will investigate your case and work diligently to secure the following:

  • Coverage of all injury-related medical bills
  • Lost income if you are unable to work
  • Pain and suffering damages
  • Loss of personal enjoyment damages
  • Possible punitive damages against a grossly negligent party

How Much Compensation Is Available for a Henderson Personal Injury Case?

There is no set amount available to injury victims in Henderson. The total amount of compensation available in a Henderson personal injury claim will vary depending on the circumstances related to each particular situation.

At DiMarco Araujo Montevideo, we know that some of the factors that influence personal injury settlement and verdict amounts include the following:

  • The severity of the injury
  • Whether or not the victim was partially responsible for the injury
  • The level of pain and suffering endured by the victim
  • The total amount of care and rehabilitation needed
  • …and more

Contact Our Henderson, Nevada Personal Injury Attorneys Today For a Free Consultation

When you need a Henderson personal injury lawyer, you can contact us for a free consultation by clicking here or by calling (714) 783-2205. Our team is licensed to practice law in both California and Nevada.

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