One fall can cause devastating injuries that affect your whole life. And in many cases, the accident was not your fault.
Nevada slip and fall accidents are common in hotel-casinos, grocery stores, restaurants, nightclubs, and other public spaces where the people in charge are negligent in preventing and warning about hazards.
Our Las Vegas slip and fall attorneys hold the responsible parties to task, fighting for the highest settlement available under the law to cover your medical bills, lost wages, and pain and suffering.
Who can I sue after a slip and fall in Nevada?
When you take a fall, the homeowners or property owners are likely to blame under the legal theory of premises liability.1 Perhaps the floor was newly washed, and they forgot to put out a “wet floor sign.” Or perhaps the carpet was torn or the pavement was uneven, and they failed to cordon off the area.
It does not matter if the people who neglected to safeguard the area were low-level employees. Companies are vicariously liable for their employees.2 And business owners will have much deeper pockets than its individual workers.
Common types of injuries after a fall can include spinal cord damage, concussions, broken bones, and head injuries (including traumatic brain injuries).
How much money can I expect?
In general, the more serious injuries, the higher the payout. In any accident case, Las Vegas slip and fall accident lawyers pursue compensatory damages for:
- medical expenses, including rehab and home health medical care for your fall injury;
- lost wages from being too injured to work; and
- pain and suffering (which is often the greatest expense).
Nearly all personal injury cases settle without going to court. But if the responsible parties refuse to negotiate and we prevail at trial, we can also ask the court to award attorney’s fees, court costs, and possibly punitive damages as part of the verdict.3
Note that if the slip and fall victim dies, the family and/or estate can bring a wrongful death lawsuit against the fault parties for burial expenses and loss of support.4
What if I was not blameless for the fall?
Nevada law recognizes that slip and fall cases are complicated and that sometimes the victims contributed to their injuries, such as by not paying attention to the surroundings or by not seeking medical treatment soon enough.
As long as you were no more than 50% to blame, then you are still eligible for damages under Nevada’s modified comparative negligence laws. Your amount of damages would just be reduced in proportion with your degree of fault.5
For example, if your slip and fall causes $10,000 worth of damages – and the court finds you 25% at fault – then you would be awarded $7,500 in damages.
Is there a time limit for bringing a lawsuit?
Yes. Nevada’s statute of limitations for suing for negligence is usually two years after the injury.6 But your chances of winning a fall claim are much greater the sooner you seek damages.
The more time goes by, the harder it is to find surveillance video, eyewitnesses, and other evidence to prove your injury claim. Therefore, do not delay in seeking out legal counsel.
Do I need to hire an attorney?
In practice, fall victims represented by personal injury attorneys receive much higher settlements – and more quickly – than plaintiffs who try to settle lawsuits on their own.
The defendants’ insurance company defense lawyers use bullying tactics to delay the proceedings and pay out as little as possible if anything at all. And victims – who are already physically fragile and may not be familiar with the legal system – may be tempted to give up the fight or settle for a low-ball offer.
But our experienced slip and fall lawyers know how to pressure insurance defense firms to resolve cases quickly and to your financial benefit while you devote your time to healing.
Fall accidents occur from poor lighting, broken handrails, slippery floors, narrow walkways, defective railings, and other dangerous conditions.
If you or a loved one is an accident victim in Nevada, contact our experienced Las Vegas personal injury law firm for legal advice. Our trial lawyers’ goal is to win you maximum financial compensation. And our legal team does not take a dime unless we win your case. So call today for an initial consultation.
Our Las Vegas, NV personal injury lawyers represent victims of all types of accidents throughout the state of Nevada, including car accidents, food poisoning, and dog bites in addition to fall cases.
See our related articles, Injured in Las Vegas hotel? How to bring a lawsuit, How to File a Slip and Fall Claim in Las Vegas – 5 Key Steps, and What is the statute of limitations to bring a slip and fall claim in Nevada?
Legal References
- Hammerstein v. Jean Dev. West, (1995) 111 Nev. 1471, 907 P.2d 975.
- Rockwell v. Sun Harbor Budget Suites, (1997) 112 Nev. 1217. See also Sprague v. Lucky Stores (1993) ; Asmussen v. New Golden Hotel Co. (1964) ; FGA, Inc. v. Giglio (2012) .
- NRS 42.005.
- NRS 41.085.
- NRS 41.141.
- NRS 11.190.