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No one expects that they will sustain a serious injury when they head to the city that never sleeps, but the reality is that personal injuries do occur. If you or somebody you care about has sustained an injury caused by another person, the team at DiMarco | Araujo | Montevideo is ready to help. Our Las Vegas personal injury lawyers have extensive experience handling these cases and will conduct a full investigation in order to secure the compensation you are entitled to. Our attorneys are based in Orange County, California but licensed to practice in Nevada, so if you are a California resident that was injured across state lines, we are ready to help.

Why Choose DiMarco | Araujo | Montevideo for Your Personal Injury Case?

Anyone who has sustained an injury in Las Vegas needs assistance from an attorney they can trust. DiMarco | Araujo | Montevideo is ready to get to work.

  • Our firm maintains licenses to practice law in both California and Nevada specifically so we can offer assistance to Californians involved in the Nevada court system.
  • We bring more than four decades of legal experience handling all types of personal injury cases for clients.
  • We take Las Vegas personal injury cases on a contingency fee basis, which means our clients pay no legal fees until after we secure the compensation they deserve.

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Meet our Attorneys

DiMarco | Araujo | Montevideo has been successfully handling personal injury cases in Los Angeles since 1979. Our team, led by partners Jess J. Araujo, John A. Montevideo, and Anthony Modarelli, is licensed in both Nevada and California, which allows us to represent a wide range of clients across state lines.

  • We are AV rated – the highest rating attorneys can receive from the legal community for their ethical standards and legal ability.
  • We have been selected as Preeminent Lawyers by Martindale-Hubbell, which less than 5% of all attorneys in the United States receive.
  • We have earned an A+ rating on Better Business Bureau (BBB).

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Las Vegas Personal Injury FAQ’s

Why Should I Hire a Personal Injury Lawyer in Las Vegas?

A Las Vegas personal injury lawyer is an invaluable resource that can help ensure your claim is successful. An attorney can:

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

Common Personal Injury Cases We Handle in Las Vegas

Whether you are a visitor to Las Vegas from out of state or a Vegas local, there are various ways that you or a loved one can sustain an injury in the city. At DiMarco | Araujo | Montevideo, our Las Vegas personal injury lawyers regularly help clients who have sustained injuries caused by the following:

Injuries that occur due to these incidents vary widely, and our team regularly helps clients who have sustained broken and dislocated bones, internal organ damage or internal bleeding, spinal cord injuries, traumatic brain injuries, severe lacerations or amputations, and more.

It is important to keep in mind that the Nevada statute of limitations applies to these cases. Las Vegas injury victims have two years from the date an injury occurs to file a personal injury claim against an alleged negligent party in order to recover the compensation they need.

Time Limit to File a Las Vegas Personal Injury Lawsuit

Every state is responsible for putting a time limit, call the statute of limitations, on personal injury cases. In Nevada, the personal injury statute of limitations is two years from the date an injury occurs. This means that victims of personal injuries have a two-year window with which to file their lawsuit against the alleged negligent party. Failing to file a lawsuit within this statutory timeframe where was result in them being unable to recover compensation for their losses.

How Is Liability Established?

Liability in a personal injury case in Las Vegas is going to be determined based on a few different elements:

  • Duty. The first step in determining liability is showing that the defendant (the alleged at-fault party) owed a duty of care to the plaintiff (the injury victim). This duty of care will look different depending on the situation. Drivers on the roadway must operate safely because they have a duty of care to those around them. Property owners must keep their premises free from hazards because they owe a duty of care to those who have a right to be there.
  • Breach. After the duty of care has been established, it needs to be shown that the defendant breached their duty. This could include a driver operating under the influence of alcohol or drugs or a property owner who failed to fix a stairway that they knew created a hazard to patrons.
  • Causation. It will need to be shown that the breach of duty directly caused the injuries in question. A driver being impaired is not enough, by itself, to show that a person was harmed due to the breach of duty. For example, if an impaired driver strikes another driver who pulled out in front of them, there are issues of liability that may not place the blame on the impaired driver.
  • Damages. Finally, it needs to be shown that the victim suffered some sort of monetary loss caused by the breach of duty and their injuries.

A skilled Las Vegas personal injury attorney will be responsible for proving the elements of negligence necessary to show liability in these cases.

Will My Personal Injury Case in Las Vegas Have to Go to Court?

The chances of a Las Vegas personal injury case going all the way to a jury trial or low, but that does not mean a jury trial will not be necessary. The vast majority of Las Vegas personal injury cases are resolved through settlements with insurance carriers before a lawsuit is even filed. However, if an insurance carrier refuses to offer a fair settlement or denies a claim, it may be necessary to file a lawsuit against the alleged negligent party. Even after a lawsuit is filed, most cases are still settled before they are heard in front of a full jury trial.

Cases that are settled out of court are typically resolved much quicker than those that go to trial. However, a skilled personal injury lawyer in Las Vegas will not shy away from taking a case to a jury. Often, this is the only way to ensure that the client receives full compensation for their losses.

Contact a skilled las vegas personal injury attorney today at DiMarco | Araujo | Montevideo

What Steps Should I Take After an Accident?

There are various steps that Las Vegas personal injury victims can take to ensure they receive maximum compensation for their claims. At DiMarco | Araujo | Montevideo, we recommend that personal injury victims take the following steps to help their claim:

  • Seek medical assistance immediately. Any person who sustained injury needs to seek immediate medical care. Even if injuries seem minor after an accident, it is important to understand that the signs and symptoms of many injuries do not appear until hours or days later. By seeking immediate medical care, an injury victim is establishing a link between the injury and the incident.
  • Report the incident. All injuries need to be reported as soon as possible. This could mean making a report to law enforcement in the aftermath of a vehicle accident, to property owners after a premises liability injury, or to employers after sustaining a work injury. Anytime a person sustains an injury, they need to let the appropriate authorities know so that an accident report can be completed.
  • Gather as much evidence as possible. If an injury victim can do so safely, they should gather as much evidence as possible. This can include photos taken at the scene of a crash, statements from eyewitnesses to the injury, accident reports, and more.
  • Contact an attorney. A personal injury attorney in Las Vegas should be consulted as soon as possible after an accident occurs. An attorney needs to be involved early in the process to ensure that all appropriate steps are taken to receive maximum compensation.
  • Continue medical care. All injury victims must continue any medical treatment recommended by a health care professional after sustaining an injury. If an injury victim discontinues recommended treatment before they have reached maximum medical recovery, at-fault parties or insurance carriers could use this as an excuse to delay or deny a claim.

What if I Am Partially At-Fault?

Even if a person is partially to blame for the incident that caused their injury, they may still be able to recover compensation for their losses. Nevada operates under a “modified comparative negligence” system. When we turn to Section 41.141 of the Nevada Revised Statutes (NRS), we can see that an injury victim is able to recover compensation so long as they are 50% or less responsible for their injuries. Any person who is more than 50% responsible for their injury will be entitled to receive no compensation at all.

Those who are 50% or less responsible for their injury can receive compensation, but the total amount they are awarded will be reduced based on their percentage of fault. For example, if a person sustains a head injury in a vehicle accident and incurs $100,000 in total expenses, but a jury determines that they were 20% at fault for the incident, they would only receive $80,000 in total compensation.

What Type of Compensation Is Available in a Las Vegas Personal Injury Case?

If you sustain an injury caused by the careless or negligent actions of another person, there may be various types of compensation available for your case. At DiMarco | Araujo | Montevideo, our qualified and experienced team is regularly able to help visitors and Vegas residents who have been injured recover the following:

  • Compensation for all medical expenses related to the injury
  • Lost income and benefits if a victim is unable to work
  • Pain and suffering damages
  • Loss of personal enjoyment damages
  • Possible punitive damages against a grossly negligent part

What Is the Timeline of a Typical Personal Injury Case?

The steps of a personal injury case can seem overwhelming, and we strongly encourage you to work with our Las Vegas personal injury attorneys, who can help you gain an understanding of what will happen. Briefly, we want to review the basic steps of a personal injury case:

  • Find an attorney. Your first step should be seeking assistance from a skilled Las Vegas personal injury lawyer who can handle every aspect of your case.
  • File the lawsuit. An attorney will make sure your lawsuit is filed appropriately with the civil court system and before the personal injury statute of limitations expires.
  • The discovery process. Both sides will investigate the facts and circumstances surrounding the case and will be required to exchange information with one another. This includes an exchange of evidence and the questioning of witnesses through depositions.
  • Negotiations. Negotiations between the plaintiff’s attorney and the defendant’s attorney will still take place even after a lawsuit has been filed. In some cases, this may even be required through court-ordered mediation. The goal is to try to resolve the case before it has to go to trial.
  • Personal injury trial. If an agreement cannot be reached by both sides, the personal injury case will get a trial date. A jury will be chosen, and they will see evidence and hear witness testimony about the incident. The jury will be responsible for determining whether or not the defendant caused the plaintiff’s injuries. They will be responsible for determining how much compensation the plaintiff should receive.
  • Receiving a settlement or award. The last step in a personal injury process, if the plaintiff is successful, is receiving an agreed-upon settlement amount or the amount awarded by the jury. Once a settlement has been reached, the settlement check will not take too long to get to the plaintiff’s attorney. However, there is no guarantee that a jury verdict award amount will come quickly because it is entirely possible that the defendant will appeal.

Does Emotional Distress Count as an Injury?

Yes, emotional distress can count as an injury when you file a personal injury lawsuit against someone else. If the careless or negligent actions of another party caused your injury and your injury subsequently lead to emotional pain and suffering or a lower quality of life, this counts as an injury for which you can receive compensation for.

Calculating emotional distress and other types of non-economic damages in a personal injury case can be challenging but certainly not impossible. A skilled Las Vegas personal injury lawyer will have extensive experience handling emotional distress damages in these situations.

Can I Win a Case Without a Personal Injury Attorney?

It is not impossible to win a personal injury case without an attorney, but the reality is that success is much harder without the assistance of a skilled legal team with the resources necessary to handle every aspect of the case. An attorney will bring invaluable legal knowledge and resources to your side so that a complete investigation can be conducted. Additionally, an attorney will understand the negotiating tactics of insurance carriers and other lawyers and will refuse to back down until you receive the settlement you deserve.

DiMarco | Araujo | Montevideo las nevas nevada injury lawyers

Contact Our Las Vegas Personal Injury Lawyers Today

If you need a lawyer, our team of Orange County, California injury attorneys are licensed to practice in Nevada and will help you get through this. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

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