Dempsey, Roberts & Smith, Ltd.
The full service law firm for Las Vegas and Henderson

Personal Injury Law

Personal Injury Law is used to get compensation if you were injured because of the negligence of another. Your case could settle without going to trial. If you have to sue, a jury might award you damages for pain and suffering, lost wages, medical costs and emotional distress. An Attorney may be able to help you get the compensation you deserve. You can lose your right to compensation if you do not file within a certain time.

Wrongful Death

Personal Injury Law includes a claim you may have for the loss of a family member. If a loved one was killed in an accident or died from the negligence of someone else, you may have a claim for wrongful death. Wrongful death laws were created in many states to compensate the survivors of a victim of wrongful death. In a wrongful death lawsuit, the personal injury lawyer will sometimes file a complaint against the person or company who has liability for the death. It is important to show that the decedent died because of negligent or intentional actions. In a wrongful death claim, you will probably need to show that the defendant had liability. This means that the wrongful death was caused by the defendant and that person or company should be held responsible for the accidental killing of the victim.

The heirs of the wrongful death victim may be entitled to money damages for their grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The damages recoverable by the personal representatives of a decedent's estate may include any special damages, such as medical expenses, which the decedent incurred or sustained before his death, funeral expenses, and exemplary or punitive damages, that the decedent would have recovered if he had lived, but do not include damages for pain, suffering or disfigurement of the decedent. The types of damages available in a wrongful death suit may be different under your state law, so you may want to consult a local personal injury attorney.

After you have suffered the loss of a loved one, it is hard to think about filing a personal injury claim to recover damages for the emotional and financial losses you incurred. You have to make the funeral arrangements, contact relatives, and settle the estate of the decedent. It is a lot to think about at a time when you are grieving over the death of someone dear to you. A personal injury lawyer can help you determine if you have a wrongful death claim. Many attorneys provide a free case evaluation.

Car Accident

Car accidents happen frequently. Many of us have been in or know someone who was in an auto accident. Car wrecks have caused pain and suffering to many of our friends, neighbors and family members. Common physical injuries can include back and neck injuries, loss of limb, bruising, soft-tissue injuries, broken bones, scarring, disfigurement, permanent physical disability and even death. Compensation is often available to pay for a car accident victimís medical bills, lost wages, pain, suffering and loss of quality of life. Compensation may also be available to a vehicle collision victimís family for loss of companionship, loss of support and wrongful death.

A victim of an auto accident in Nevada has two years from the date of the car wreck to file a personal injury lawsuit. The filing time is different in other states, so it is wise to consult a local attorney. A person who was involved in an auto accident in Nevada, faces specific issues including comparative negligence, subrogation rights, minimum insurance coverage requirements and laws regarding uninsured and underinsured motorist coverage. If you donít understand your rights, it may be a good idea to consult a Nevada personal injury lawyer to help you evaluate your Nevada car accident claim.

If you are injured in a vehicle collision in Nevada, there are some basic steps you can take to protect your right to recover money damages and make your auto wreck case stronger. Report the accident to the police. A police report which shows that the other driver received a citation can help establish liability and improve your case if you have to go to court over your vehicle accident in Nevada. You also want to get the names and addresses of any people who witnessed your car accident. Remember to take pictures of your car and of yourself so you can show the damages sustained from the car wreck. It is very important that you see a doctor immediately after the auto accident. Some common car wreck injuries do not surface right away and if you have any doubt, it is a good idea to have a doctor check your condition after an auto accident. Keep track of receipts and documents because you will need to prove every expense you claim. An insurance adjuster may try to convince you that you can settle your claim without using a personal injury attorney. While you may be able to settle your vehicle accident claim on your own, it is important to remember that the adjusterís goal is to settle your claim for the absolute minimum amount possible. You might dramatically increase the settlement amount if you use a Nevada personal injury lawyer to settle your claim for damages you sustained in a car wreck.

Slip & Fall

The term Slip & fall is used to describe an injury which occurs when you slip and then fall on the property of another. The surface could be slippery from oil, water, grease or some other substance. You may have tripped because there was an obstacle in your way. If you slipped and fell and were injured in Nevada, your case is stronger if the condition causing you to slip and fall was a building code violation. Often, a safety engineer is used to analyze the site where you fell and were hurt. The engineer can be used to determine if the unsafe property condition was a code violation or if it was likely to cause an injury accident to the average person. Poor lighting and lack of visibility can also be important factors.

Slip & Fall cases fall under the legal area of Premises Liability. This is the area of law where a property owner is held responsible for an injury caused by a dangerous condition. Generally, a property owner has a duty to keep the property in a reasonably safe condition and to warn people if there is a known dangerous condition. Premises Liability can include dog bites, the failure to maintain property in a safe condition, the failure to warn of dangerous conditions, negligent security, swimming pool accidents, and many other claims against a property owner who was negligent.

Medical Malpractice

Medical malpractice occurs when a health care provider causes an injury because the provider did not use the skill and competence required to treat a patient. The degree of competence is known as the standard of care. Malpractice can be committed by a hospital, clinic, doctor, nurse, psychiatrist, dentist, anesthesiologist,or any other provider of health care.

A malpractice lawsuit often requires the use of many experts to show that the health care provider did not meet the standard of care. This can make the case expensive to litigate for a personal injury law firm. Also, there are limits on certain types of damages available to patients who were injured by malpractice in Nevada. This is why some personal injury attorneys may not take many medical malpractice law suits. Often, a personal injury attorney may use an expert to evaluate the case before the attorney agrees to take the case. It is important to find a personal injury attorney who is committed to understanding the complexities of your case and a law firm with the resources to see your case through to trial.

Defective Products

Products liability law is used to compensate an injured consumer when an injury is caused by a product which was defectively designed, manufactured or labeled. A defective product claim can sometimes be brought against the retailer, wholesaler, distributor and manufacturer of the product.

If a personal injury is caused by a defective product, the injured consumer may be paid money damages for pain and suffering, medical expenses, lost wages and punitive damages. Almost any product can cause an injury. Some of the familiar common defective product cases involve tire blowouts, SUV rollovers, exploding gas tanks and drug side effects.

Other Injury Claims

Personal Injury Law includes so many different types of claims that is difficult to list every possible claim. If you are not sure if you have a right to recover money damages for your injury, it might be wise to consult a personal injury lawyer.

Some of the possible personal injury claims include Drug Recalls, Fen-Phen Claims, Pharmaceutical Injuries, Nursing Home Malpractice-Abuse-Neglect, Medical Device Defects, Violent Crime Injuries, Cancer Misdiagnosis, Spinal Cord Injuries, Boating Injuries, Bus Passenger Injuries, Silicosis Claims, Diet Drug Injuries, Asbestos Claims, Sick Building Syndrome, Defective Hip Implants, Birth Injuries, Repetitive Stress Injuries, Toxic Mold Injuries and Insurance Bad Faith Litigation.