While a slip and fall accident may not sound very serious, the name of these incidents can be misleading. Slip and fall accidents often result in severe injuries and can even be fatal.
After a slip and fall injury, you will likely be faced with significant medical expenses and may find yourself unable to work. Recovering fair compensation can prove essential.
At Pacific West Injury Law, we know the challenges that slip and fall accident victims are up against. If you have been injured, our team of slip and fall attorneys in Winchester, NV, can help you recover the compensation you need to move forward.
Establishing Fault After a Slip and Fall Accident
The first thing that must be done before you can file a slip and fall accident lawsuit is the establishment of liability. There are often many potentially liable parties in a slip and fall accident. The owner of the property where the injury occurred, the lessee of said property, or an employee of a business operating there, could all hold a level of liability.
However, liability can come into question when an accident involves a trespasser or the use of property for recreational purposes. Fortunately, an experienced slip and fall accident attorney understand premises liability laws in Nevada and can help you sort out who is at fault for your damages.
Steps in a Slip and Fall Accident Lawsuit
After you hire a slip and fall accident lawyer in Winchester, there are several steps they will need to take before you can recover compensation. The first thing your attorney will do will be to begin investigating your accident. The dual purpose of this investigation will be to establish liability and gather evidence to prove fault and support your claim.
The next step will be for your lawyer to evaluate the full extent of your damages so they can calculate the value of your claim. They will then draw up all the necessary documents and file your slip and fall lawsuit with the court. Once the target of this legal action has been notified, the pretrial process will begin. Some of the steps in the pretrial process include:
During discovery, both parties exchange the evidence they have gathered about the case. Discovery is critical to ensuring a fair trial as it allows both sides to review all the evidence that will potentially be presented in court and prepare their case accordingly.
Depositions take place at the end of discovery. Depositions are recorded testimonies given by parties involved in the incident and witnesses. This testimony is given outside the courtroom and recorded by a court stenographer. During depositions, lawyers from both parties will have the opportunity to question deponents, and this testimony can be used at trial.
Mediation is the final stage before a case moves forward to trial. During mediation, the two sides meet in a neutral location, where an independent third party presides over proceedings. This mediator will attempt to help the two sides reach a mutually acceptable settlement agreement.
Settlement negotiations do not begin during mediation. Throughout your case, your attorney will be in talks with opposing counsel, attempting to negotiate a settlement deal. If a deal can be reached, your case will end, and you will recover the agreed-upon compensation.
Mediation is the last chance to settle before your case proceeds to court, where your attorney will fight for a favorable ruling on your behalf.
Make Sure to File Your Slip and Fall Lawsuit on Time
Under Nevada law, there is a two-year statute of limitations for filing a slip and fall lawsuit. If you fail to file before the two years have passed, you may find that you have lost your right to recover compensation from the liable party. However, it is critical to note that many exceptions to this time limit may apply to your case.
Depending on the specific circumstances of your slip and fall accident, you may still be eligible to file a lawsuit even after the two years have passed. On the other hand, you could also find that, in actuality, you have far less than two years to file. Hiring a slip and fall attorney shortly after getting injured is the best way to ensure that all filing deadlines are met.
Slip and Fall Lawyers Get Paid on a Contingency Fee Basis
People are often wary of hiring attorneys because they worry they will not be able to afford to pay their fees. For many types of lawyers, this is a legitimate concern. However, when it comes to hiring a slip and fall attorney, you should never have to worry about the cost.
Unlike many other lawyers who charge a high hourly rate, our Winchester slip and fall lawyers work on a contingency fee basis. That means your attorney will only collect a single fee for their services that will be paid directly from the compensation you recover from the liable party.
This fee will be assessed as a fixed percentage of the money you receive in damages. That means that if your lawyer fails to get you compensation, they will not get paid for their services.
Damages You Can Recover for a Slip and Fall Injury
If you get hurt in a slip and fall accident, you will likely be able to claim a wide variety of damages. These recoverable damages can be divided into three main categories.
Any losses resulting from your slip and fall accident that affect your finances are considered economic damages. Common economic damages include:
- Property damage
- Modifications made to your home or vehicle to accommodate a disability
- Lost wages
- Diminished earning ability
- Medical bills
- Future medical costs
Any other losses you suffer as a result of your slip and fall accident are classified as non-economic damages. Common non-economic damages include:
- Pain and suffering
- Permanent disability
- Scarring and other disfigurements
- Mental anguish
- Diminished quality of life
- Loss of consortium
Punitive damages are rarely awarded in slip and fall cases. Punitive damages are different from the damages already mentioned in that their focus is not on replacing losses incurred by the accident victim. Instead, punitive damages are meant as a way of punishing the at-fault party for their actions.
Punitive damages are only awarded in cases where the liable party acted in a manner deemed to have been criminally negligent.
Consult a Slip and Fall Injury Lawyer in Winchester Today
At Pacific West Injury Law, we are committed to ensuring our clients are in the best position to recover the compensation they need after an accident. Our team of slip and fall attorneys in Winchester has the experience necessary to help you secure a fair deal. You can reach us by phone or through our online contact form to schedule a free case review today.