Getting Compensation You Deserve for a Slip and Fall Injury in Las Vegas, Nevada
Sustaining an injury from a slip/fall accident can debilitate the victim. Worse, it can leave accident victims struggling with immense medical bills, lost work time, and a reduced quality of life. Slip and fall injuries leave victims damaged emotionally, physically, and financially.
Victims of slips and falls might face hardships like the following:
- Costly medical expenses that come with surgery, rehabilitation, and physical therapy.
- Long absences at work, resulting in lost wages (especially for people in the city of Las Vegas who work in service industries, such as hotel employees, casino employees, waiters, waitresses, and Uber drivers).
- An inability to participate in family-oriented events.
Where Do a Majority of Slip and Falls Happen?
- Retail shops
- Shopping centers
- Amusement parks
Slip/Fall Incident Causes
Most slip and fall incidents happen because property owners failed to rectify the following:
- Insufficient security
- Safety violations
- Crumbling curbs
- Merchandise improperly stacked
- Accumulative trash or debris
- Defective railings and stairs
- Poor lighting
- Warped floors are torn carpets
- Icy or unbalanced sidewalks
- Slippery floors
Nevada Personal-Injury Legal Standard
To paraphrase the Nevada Statute (217.050, Revised), someone who experiences a slip/fall accident that was caused by any kind of recklessness, negligence, carelessness can pursue monetary compensation for their losses and harms. The kinds of compensation recoverable by way of civil claims include:
- Pain and suffering
- Missing wages
- Medical bills
Overview of the Legal Standards For Property Owners in Clark County
As per Nevada state law, property owners (for instance, business owners, homeowners, landlords, and the like) are liable for ensuring that establishments are reasonably safe for inhabitants. Daily maintenance is necessary in order to retain the safety of these properties.
- Perform routine maintenance to keep the property safe;
- Making structural repairs to areas that contain safety hazards;
- Staying updated and in compliance with relevant Las Vegas safety codes and regulations.
Unfortunately, despite all codes and regulations designed to keep visitors safe, people continue to sustain injuries every year. How come? Succinctly, premises regulations aren’t taken seriously by property owners.
Injuries that come about from slip and fall accidents are not only physically painful, they’re financially draining, too. If a loved one (or you) was harmed in a Clark County commercial establishment or premises, you are encouraged to seek legal counsel. A Las Vegas personal injury attorney will represent your interests and help you get the financial compensation you deserve.
Overview of Nevada Laws Relevant to a Slip and Fall Injury Claim
In Nevada, if you are badly injured in a slip and fall on business premises or another establishment, you can file a claim against the property owner for their failure to maintain the property in a reasonably safe manner. Though, it is important to realize that the legal responsibilities placed on property owners are different depending on the context in which you were on their property. The applicable legal standard for property owners is different for each of the three general categories of individuals who enter into premises in Las Vegas:
- Licensees; and
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Who is an Invitee?
Invitees are considered to be visitors invited onto the premises for the benefit of the property owner. Those who are classified in this category may include people who enter Las Vegas casinos, variety stores, hotels, etc. The greatest duty of care you can possibly give should be allocated to these visitors. After all, the reason they showed up to a property was strictly for the benefit of its owner.
To prove that a victim fits this category, they must establish that:
- They were invited to the property, whether implied or expressed;
- They came into the establishment for a reason associated with the owner’s company, or foreign activity to be performed on a property;
- Their appearance was to the owner’s benefit;
Business owners are obligated to warn all invitees of any dangers that they are aware of.
What Is a Licensee?
Guests invited to properties for reasons not related to business are referred to as “licensees.” They are owed a duty of care, though more emphasis should be given placed on “invitees.” As such, hazardous warnings must be put out by owners of properties if they’re mindful of potential dangers.
Also, licensees have no obligation to look for areas warranting repair. Further, they are generally mandated to reveal potentially hazardous areas when such places are in an open environment, easily visible, and easy to spot by someone of sound mind.
What Is the Definition of a Trespasser?
According to Nevada law, property owners have no obligation to make their properties safer for anyone who trespasses. With that said, some exceptions to this rule are evident:
- Artificial conditions that are found on properties that allure children. For instance, if an owner of an establishment does not take reasonable steps to stop injuries from occurring in a swimming pool that is unfenced.
- Dangerous conditions remaining exposed. For example, owners of properties do not take the right steps to keep children safe from a specific area.
If you or a loved one sustained a serious injury in an accident that transpired in someone’s home or commercial establishment, contact LV Personal Injury Lawyers and schedule a free, confidential consultation. Our law firm has your best interests at heart and does what is necessary to safeguard your rights.
Slip/Fall Accident Examples
Some people mistakenly believe that a slip and fall accident never results in a serious injury. This is not true. Here are some potential injuries that may be sustained from slips and falls either around or in Las Vegas:
- Bone bruises
- Torn ligaments and tendons
- Broken bones
- Wrist and/or hand injuries
- Knee injuries
- Spinal cord injuries
- Lower back injuries
- Head injuries (such as traumatic brain injuries, fractured skull, concussions, etc.)
Obtaining Medical Treatment When You Don’t Have Insurance
If you need to be medically treated, but don’t have insurance to cover the costs for this procedure, a personal injury attorney can help you find a doctor, chiropractor, or therapist. These medical experts will be happy to provide treatment for you by way of a medical lien. A legal representative will work with your doctors and therapists to make sure that your injuries are properly documented.
Insurers and defense lawyers generally claim medical data is insufficient. This is said to justify payment delays, or stop them from paying you outright. An accident-savvy attorney in Las Vegas knows what to do to prevent this from occurring.
Recoverable Compensation Damages Attainable from a Slip and Fall Claim
Pursuable monetary restitution once an accident occurs involves expenses that come with medical care and treatment. Once we become familiar with your short and long-term physical and emotional needs, we can develop a strategy to hold negligent parties responsible. Monetary restitution forms recoverable with regards to injury claims involve the following:
- Reimbursement for medical costs, including upcoming and current prescription medications, rehabilitation costs, and future medical bills.
- Reimbursement of lost wages, including future and current wages due to the injury.
- Compensation for lost personal earnings, especially when an injured individual is either partially or permanently disabled as a result of injuries sustained.
- Suffering and pain, including physical and emotional stress.
Insurance Companies Do Not Have Your Best Interests at Heart
An insurance agency operates by paying out less compensation than the revenue they bring in. Therefore, every claim reviewed will receive the lowest offer possible. This is why insurance agencies in Las Vegas utilize the services of large claim adjusters. Their job is to reject or minimize every claim they can, no matter how legitimate a claim may be.
Besides scouring health records to find pre-existing medical issues to prevent them from paying you, these tactics are also used by insurance companies as justification for delaying payments or rejecting them.
Tactic: You Will Be Blamed by the Insurance Agency
Insurance companies are adept at blaming victims for injuries sustained. This usually happens after agencies claim that the injured party had a hand in their suffering. In Las Vegas, this is referred to as “contributory negligence.” This tactic is used so that insurance companies have a way out of paying you.
Tactic: Your Injuries Will Be Downplayed the Insurance Agency
After you sustain injuries from an accident due to the negligence of someone else, an insurance agency will make the assumption that you are exaggerating about those injuries. In doing this, their guilt about the choices they make is minimized. This tactic is commonly used in order to dispute claims.
Tactic: Treatment Gaps Will Be Sought out by the Insurance Agency
After you sustain an injury, it is imperative that you get medical treatment immediately. If you delay doing so, then an insurance company will suggest that your injuries happened from an unrelated event. They could also make the case that you did not do everything that you could to minimize the injuries, as medical treatment wasn’t prioritized.
Without representation by a personal injury attorney, one of these tactics could end up being successful for them. Stop this from happening to you.
In Nevada, How Much Does a Personal Injury Lawyer (Specializing in Slip and Fall Injuries) Cost?
You don’t have to worry about paying upfront fees to retain legal representation. When it comes to cases like these, a personal injury lawyer will be compensated through contingency fees. Such an arrangement allows injured parties to retain the services of an attorney without prepaying for anything.
With this arrangement, the attorney will withdraw their fees from your case’s final settlement (or, alternatively, from the final verdict of your trial). Also, most Las Vegas personal injury lawyers will withdraw any expenses they covered while working on your case. The exact contingency fee amount will be based on what kind of case it is and how long it takes to resolve it.
Why an Experienced and Aggressive Accident Attorney in Nevada Should Be Hired
There’s a multitude of benefits that you get when a skilled accident lawyer is hired. For starters, having a professional representing you allows you to focus on recovery. That way, the worry and stress of insurance negotiations aren’t something you will have to deal with.
Further, when you hire LV Personal Injury Lawyers, a team of respected, dedicated, and ethical attorneys will serve as your legal counsel. Each one of these legal experts have roots in Las Vegas’ communities. Also helping you will be a team of professional investigators, paralegals, and legal assistants, all of which will make sure that your case gets the attention it deserves.
Whether we’re interviewing witnesses, validating your insurance claims with adjusters, or reviewing medical evidence, our staff will fight to get you the financial restitution you’re entitled to.
Contact LV Personal Injury Lawyers today
Take the proper actions and hold negligent parties responsible. Contact Las Vegas’ best injury law firm. You needn’t concern yourself with paying us by the hour.
If you or someone you love sustained bodily injuries from a preventable accident, and it happened due to the careless or reckless actions of another party or company, it falls upon you to take necessary steps if you want to receive financial restitution. Our group of knowledgeable and experienced attorneys will work tirelessly to get you this compensation.
To schedule a confidential case evaluation at no charge, contact Zachary D. Clayton, Esq., either online or by phone.