Your Case and settlement
- What is “negligence”?
- Should I accept the insurance companies settlement offer?
- What compensation can I get for this claim?
- What is the time limit for filing a notice of injury and claim with my employer?
- I was injured on the job but my employer said it didn’t happen at work, now my Insurance company is denying my claim. What can be done?
Before and After
Question: What is the time limit for filing a notice of injury and claim with my employer?
Answer: 7 days to file a Notice of Injury with your Employer and 90 days to see a Doctor fill out a Claim for compensation. Of course, always best to notify your Employer immediately of an injury
Question: I was injured on the job but my employer said it didn’t happen at work, now my insurance company is denying my claim. What can be done?
Answer: Find an attorney who specializes in workers compensation like we do to represent you and appeal the denial immediately. You are only allowed 70 days to appeal the Insurer’s initial determination.
Question: Can I settle my case on my own?
Answer: You have to ask yourself if you have sufficient knowledge to go toe to toe with the insurance company or defense attorney. Do you think what they’re going to tell you is accurate or in your best interest? They have completely opposite interest than you. They don’t want to protect you. Instead, they want two things: 1) protect their insured/client; and 2) pay you as little money as possible to settle the claim. They don’t care if you need medical treatment. In fact, they want you to settle as soon as possible, even if you still need treatment, haven’t fully recovered, and still may miss work. A good, experienced attorney will know how to prove your claim, what’s necessary, when to negotiate, and how to negotiate, all with the threat of a lawsuit if they’re not reasonable. This is the best way to avoid regrets, including being taken advantage of by your lack of knowledge and power position.
Question: What is “negligence”?
Answer: Negligence is a legal cause of action used when someone is injured due to the fault of another. In order to win a case based on Negligence you must show 4 things.
- There is a legal duty owed by the defendant (at fault person) to the plaintiff (injured person).
- The defendant breached the duty.
- The plaintiff was injured.
- The injury was caused by the defendant’s breach of the duty.
Question: Should I accept the insurance companies settlement offer?
Answer: It depends. You only get one chance to settle with the insurance company. Once you agree to settle, there is no way to re-open your case or get more money. If you take a settlement too early, you may not fully understand your injuries, or the extent of the injuries and the needed treatment. That is why it is important to see the proper doctors and get the appropriate recommendations for treatment. It does not benefit you to rush into settlement, which is what the insurance companies want you to do. You have 2 years from the date of your injury in most cases to file a lawsuit (medical malpractice is 1 year). You absolutely do not have to rush into settlement. Take your time to fully understand the injuries you have and what your need for future medical treatment will be. The Insurance company will still be there several months or even a year later. Most importantly, speak with an experienced attorney to understand all your rights and make sure you are receiving everything you are entitled to under the law.
Question: Can I talk to the insurance company and answer their questions or give a statement?
Answer: When you file a claim with the insurance company the claims adjuster will likely want to speak with you to get your statement about what occurred as well as gather some information about your injuries. Typically they ask to take a recorded statement so that they have a record of what you say, which will become part of your claim forever. Recorded statements can be harmful to your case as the adjuster is an expert at asking questions or phrasing them in a way to trip you up to say things that may negatively affect your claim. You are not required to give a recorded statement to the adjuster. If you do decide to give a statement, and have not consulted with a personal injury attorney, then it is best to stick to the facts of the crash. Write them down and read them verbatim from your paper. Do not add personal comments or give narratives or even go off script because those distract from the facts and the adjuster may use that extra commentary against you. If you find yourself in doubt, do not be afraid to decline to give a statement and contact an attorney for advice.
Question: How is a wrongful death case different from a personal injury case?
Answer: A wrongful death claim is a personal injury claim that arises because of the intentional, reckless, or negligent conduct of a party that caused the death of another. The representative of the person’s estate, his or her heirs, including the surviving spouse, surviving children, or the surviving parents if no spouse or children, may be able to bring a claim for money damages. In Nevada, a claim for wrongful death must be brought within two years from the date of the death. It is best to consult with an experienced personal injury attorney who can advise on the rights and remedies available under Nevada law.
FREQUENTLY ASKED QUESTIONS ABOUT AUTO ACCIDENTS
Question: What compensation can I get for this claim?
Answer: The compensation you may be entitled to depends on the extent of injuries: damages as well as liability. To make sure that you’re receiving fair compensation, you should consult with an attorney who has experience about Nevada vehicle law and rights to compensation.