If you are injured in a personal injury accident, such as a car wreck or slip and fall accident, while vacationing in Las Vegas, you may know that you need to retain an experienced personal injury attorney to negotiate the settlement of your claim. However, you may not understand the importance of retaining a local attorney. One reason this is important is that the laws governing your claim may be very different from those in your own state. If you do not hire a lawyer who knows and follows these laws, you could significantly hurt the value of your claim.
Important Nevada Laws Governing Personal Injury Cases That Could Differ From Those in Your State
If you are injured in a slip and fall accident at a casino, restaurant, other entertainment facility, or are in a car accident while visiting Las Vegas, you will need to file your lawsuit in Nevada and comply with Nevada’s laws governing these suits. An attorney in your home state may not know these laws and may not be licensed in Nevada—a requirement to file a lawsuit here. Here are key Nevada laws that could differ from the laws in your own state:
- Statute of limitations. The statute of limitations is the time period to file your lawsuit. Each state has its own laws setting this important time period. If you fail to follow the statute of limitations, you waive your right to file a lawsuit against the negligent party. In Nevada, the statute of limitations is two years from the date of your accident to file a personal injury complaint.
- Comparative negligence. Nevada follows the modified comparative negligence law when you are partially at fault in causing your injuries. Under this law, you would be entitled to compensation based on the proportion of your own fault. For example, if you were 40 percent to blame, you would be entitled to 60 percent of the compensation you are owed. However, if you were found 50 percent or more at fault, you would not be entitled to any compensation. In your state, the comparative negligence laws could be very different.
- Damage caps. Some states have caps on the amount of compensation you can receive in a personal injury lawsuit. In Nevada, there is no law capping the amount of compensation you can receive in personal injury cases except for medical malpractice claims. In a medical malpractice claim, you would only be entitled to up to $350,000 for non-compensatory damages, such as damages for the pain and suffering that you endured.
We Can Help You With Your Out-of-State Injury Claim
Were you injured while on vacation in Las Vegas or Henderson? If so you should speak with an experienced personal injury lawyer as soon as possible. Contact us online or call us directly at 866.299.0558 to schedule your free consultation.We are as committed to representing our clients who live out of state as those who reside in the Las Vegas area.