If you have been hurt through no fault of your own, you may be entitled to file a personal injury lawsuit. This type of lawsuit is governed by a wide variety of federal and state laws. Personal injury is a legal term for any injury to the mind, body, or emotions, rather than an actual physical injury to real property. In many Anglo-Saxon jurisdictions, the word is used to describe a sort of tort suit where the plaintiff has personally suffered an injury to his or her psyche or body.
It is important to understand when filing a Nevada personal injury claim within a wrongful death case, that it may be the case that you may not have actually been “wrongfully killed” by the defendant. This is something of a grey area in Nevada. In some cases, depending on the circumstances surrounding the accident, the onus may be upon the defendant’s insurance carrier to prove that the death was indeed caused as a result of the insured party’s negligence. Sometimes, insurance companies will settle out of court with the insured party rather than go to court. For instance, if the cause of the accident can be proven to be the product of faulty workmanship or manufacturing defects, the responsible party may settle out of court in lieu of going to trial.
There are two general types of liabilities that can be converted into personal injury claims. The first is a liability for negligence, which is measured by negligence as the failure to exercise reasonable care that would prevent the injury from occurring. The second is intentional wrongfulness, which is measured by proving that the defendant failed to act in a manner reasonably indicative of a duty to act. These two types of liabilities are closely related but their definition is somewhat vague within the law.
Negligence is a complete loss of the services, facilities, property, or any other thing used or intended by the plaintiff to enable him to carry on with the activity for which he has been lawfully employed. In order to establish liability, the plaintiff must show that there was a duty owed. This means that there must have been a real or apparent duty owed that resulted in damage, illness, disease, or suffering. These results from a breach of a duty owed or duty that could have reasonably been fulfilled.
Intentional wrongfulness is where the plaintiff has been the victim of wrongful action on the part of another at-fault party. In this case, the plaintiff must establish that there was a breach of the contractual duties owed by the at-fault party. The duty in question could be negligence or breach of the implied contractual or moral duties owed to the plaintiff. It also may include a breach of one’s right of reasonable care. For the purpose of calculating the amount of emotional harm, the financial compensation received is given first, and then any additional financial compensation for the emotional suffering endured as a result of the injury.
The types of harm that can be inflicted by another include physical and psychological suffering. Physical suffering, in particular, can arise from traumatic accidents such as vehicular accidents, defective products, or medical malpractice. Emotional suffering, on the other hand, arises from any injury, illness, disease, or psychological issue that causes physical suffering such as a broken leg, fractured bones, brain injury, or permanent scars. The issue of negligent or at-fault negligence becomes even more complicated in the event of a fatal accident. In such situations, surviving family members of the deceased are entitled to claim monetary compensation not just to cover funeral expenses but also to retain the surviving members of their family in living conditions.
Negligence is an unfortunate fact of life. However, this does not absolve the responsible party from being held legally and financially accountable. In the case of a motor vehicle accident, the damages incurred can potentially exceed tens of millions of dollars. To complicate matters, the at-fault party is typically not accountable for injuries suffered by any passenger in the car or for any medical care provided to the injured individual. Unfortunately, victims of these types of injuries may often have little to no money to retain an attorney.
In some instances, liability may not even extend to the at-fault party. For instance, in Nevada, the only way to receive compensation from an individual, company, or government entity other than a personal injury lawyer is through the use of its insurance policy. Unfortunately, many persons will choose to go through the court system when pursuing damages from companies or government entities that operate beyond their insurance coverage in Nevada. This is largely due to the fact that insurance coverage is typically much more costly when it comes to recovering liability from non-authorized operators.