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Personal Injury FAQs

FAQs

  • What is the time limit for filing a notice of injury and claim with my employer?

    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.

  • 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?

    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.

  • Can I settle my case on my own?

    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.

  • What is “negligence”?

    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.

  • Should I accept the insurance companies settlement offer?

    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.

  • Can I talk to the insurance company and answer their questions or give a statement?

    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.

  • How is a wrongful death case different from a personal injury case?

    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.

  • What compensation can I get for this claim?

    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. 

A Proven Record of Results

Millions of Dollars Recovered for Our Clients
  • Fatality/Burn Disfigurement from Helicopter Crash $30 Million
  • Brain Damage from Motor Vehicle Accident $19.5 Million
  • Brain Injury, Premises Liability $10 Million
  • Spinal Cord Injury, Product Liability $7.2 Million
  • Neurologic Injury, Premises Liability $6 Million
  • Loss of Limb from Motorcycle Accident $5.5 Million
  • Pediatric Brain Damage from Medical Malpractice $5 Million
  • Wrongful Death from Motor Vehicle Accident $4.8 Million
  • Reflex Sympathetic Dystrophy from Slip & Fall $1.25 Million
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Our Promise to You

Why You Can Count on Our Firm
  • Experience You Can Trust

    Our attorneys, paralegals and support staff leverage decades of experience across a diverse range of backgrounds on behalf of our clients.

  • Legacy of Client Satisfaction

    Word-of-mouth referrals and repeat clients account for more than 85% of our business, which is a testament to the level of service we provide.

  • Client-Centered Approach

    We strive to treat our clients with integrity, compassion, and respect and provide them with clear communication every step of the way.

  • Proven Record of Results

    We have recovered millions of dollars in successful verdicts and settlements for injured clients throughout the state of Nevada.

  • Committed to the Community

    We are proud to support a number of charitable organizations as a way to give back to the community we are honored to serve.

Our Client-First Approach

When you've been injured, you want more than a great lawyer. You want a whole team of great lawyers who are committed to treating you with the compassion, integrity and serious respect that you deserve.

Client Testimonials

Real Stories From Real Clients
    A Lawyer that cares and will fight for you.

    “Since day one of meeting Brett, I knew I was in good hands. Brett made sure to thoroughly explain and cover any/all question or concern that I had, and was able to ease my mind and get me an answer to the question/s I was seeking.”

    - Julie
    The loyalty of this law firm was beyond my expectations.

    “John Bertoldo spent hours with me explaining all legal matters and guiding me in this difficult time for me. The loyalty of this law firm was beyond my expectations. Great settlement and so happy with results!”

    - Mahir S.
    By far, one of the best and most reputable firm's in Las Vegas.

    “I highly recommend Steve Baker and the entire team. Thank you again for always answering all of our questions and being so easy to work with, something I have not experienced with other firms here in town.”

    - Steven P.
    Bertoldo, Baker, Carter & Smith took great care of me.

    “They were fast, caring, and always answered my questions and reassured me throughout the process. I highly recommend Lindsay Cullen as an attorney and the firm to represent you if you're seeking any legal guidance.”

    - Jay G.
    Very nice & professional.

    “Lawrence Smith is a Godsend! He's a good man. Very nice & professional.”

    - Aaliyah R.
    The process has been exceptional.

    “John Bertoldo made us feel very at ease about the situation... They truly care about their clients and making them feel at ease through the entire process. Overall I think the process has been exceptional.”

    - Pete
    So seamless and easy for me.

    “They made everything so seamless and easy for me and were always available for questions or reassurance. This law firm clearly not only cares about what they do, but the clients they do it for. Thank you, Javier and the whole team!”

    - Aimee W.
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