When you suffer a personal injury, it can turn your life completely upside down. A serious injury will certainly mean that you’ll be facing significant medical bills, which will likely be accompanied by other costs.
Getting back on your feet after an injury can be a challenge without recovering compensation from the liable party. The Winchester personal injury attorneys at Pacific West Injury Law will work diligently to get you the money you need after suffering an injury.
Determining Liability for a Personal Injury
The first step in recovering compensation for a personal injury is determining who is liable for your damages. In some cases, liability is clear. However, it can often be difficult to assess who is at fault for an injury.
When you hire an experienced personal injury attorney, they can help you figure out who is liable for your damages. They can then begin gathering evidence to determine negligence, support your claim, and build your case for compensation.
Steps in a Personal Injury Lawsuit
When you file a lawsuit after suffering a personal injury, there are several steps that must be taken. Your attorney will begin working on your case by opening an independent investigation into your injury case. The aim of that investigation will be to assess liability and gather evidence for your case.
Upon completing their investigation, your Winchester personal injury attorney will assess your damages and calculate the full value of your claim. They will then draw up all the necessary paperwork and file your lawsuit with the court.
After filing your lawsuit, your lawyer will go through the steps of the pretrial process. This process will likely include:
During discovery, the two parties will share the evidence they have accumulated. This process allows for a fair trial where both sides can properly prepare their case without having to contest surprise evidence they have not had a chance to review.
Depositions are taken at the end of discovery. These sworn testimonies given by witnesses and parties involved in the accident are recorded by a court stenographer and can be used in court in certain situations.
The last step before going to trial is mediation. During mediation, the two parties will participate in negotiations with an independent mediator who will attempt to facilitate a resolution to the case, which will mean avoiding a trial.
It is important to note that throughout the entire pretrial process, and likely before your attorney ever files a lawsuit, they will be in negotiations with opposing counsel. The two sides will attempt to reach a fair settlement agreement that will get you paid quicker and help you avoid a lengthy and unpredictable trial.
File Your Personal Injury Lawsuit Before Time Runs Out
The statute of limitations for filing a personal injury lawsuit in Nevada is generally two years under Nev. Rev. Stat. § 1.190. However, it is critical to understand that this two-year limit is not set in stone. Special circumstances can apply to your case, which can work to either shorten or lengthen the amount of time you have to file your lawsuit.
The best way to ensure that you do not miss your chance to file a lawsuit and recover compensation is by hiring a personal injury attorney as soon as possible after getting hurt. An experienced attorney can identify if there are any circumstances that could alter the amount of time you have to file and make sure all deadlines are met.
Damages You Can Recover After Suffering a Personal Injury
There are several types of damages you may be eligible to recover after a personal injury. Your personal injury lawyer in Winchester will help you determine which damages might apply in your case. These available damages are split into three overarching categories.
Any losses you suffer that have a financial impact are considered economic damages. Common economic damages include:
- Medical bills
- Future medical costs
- Lost income
- Lost earning ability
- Property damage
- Home or vehicle modifications needed to accommodate a disability
All your other losses are categorized as non-economic damages. These damages can be extremely varied and include:
- Lowered quality of life
- Permanent disability
- Scarring and other disfigurements
- Pain and suffering
- Mental anguish
- Loss of consortium
Punitive damages are not awarded to make up for losses suffered by accident victims like the compensatory damages listed above. Instead, punitive damages are meant as a form of punishment for the liable party. These damages are only awarded in extreme cases where the actions of the at-fault party are deemed to have been criminally negligent.
Personal Injury Lawyers Work on a Contingency Fee Basis
People are often reluctant to hire a lawyer because they are worried that they will not be able to afford their services. However, this should not be a concern when it comes to hiring a personal injury attorney. Unlike other attorneys who charge their clients an hourly rate, personal injury attorneys only charge their clients if they are able to recover compensation on their behalf.
If you fail to recover compensation, your attorney works for free. Meanwhile, if you do get money from the liable party, your attorney collects their fee as a fixed percentage of the compensation you receive. Through this system, you can feel comfortable that your attorney will do everything possible to ensure you get as much money as possible for your case.
Contact Us Today for a Free Case Review
Finding an experienced lawyer with a proven track record is crucial to ensuring you recover the compensation you need after an injury. At Pacific West Injury Law, our team of personal injury attorneys in Winchester will do everything we can to get you the compensation you need for your damages.
Contact us today by phone or through our online contact form to schedule a free case review with a member of our team.