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What Is Personal Injury Law?

Personal injury law and legal compensation. Claim paper. What is Personal Injury Law

What is personal injury law? Personal injury law creates grounds to compensate the injured party for damages resulting from accidents caused by another person. It seeks to restore the injured person to the position he or she would have been in had the accident not occurred. Since it’s not possible for courts to reverse time and prevent injuries, they strive to provide financial compensation to account for the harm caused.

Personal injury law and legal compensation. Claim paper. What is Personal Injury Law

Injured individuals are entitled to recover lost wages and benefits, past and future medical expenses, funeral and burial costs, as well as damages for pain and suffering. For legal assistance in managing all aspects of the claims process, contact George Bochanis Injury Law Offices at (702) 388-2005.

The Basics of Personal Injury Law in Nevada

A personal injury is defined as the harm that you receive due to another person or party’s negligence or intentional behavior. A personal injury lawsuit is a legal action that an injured person takes against the responsible party to seek compensation for losses such as medical expenses, lost wages, and pain and suffering. To succeed, victims must prove negligence or fault. If established, the court will assess the value of your damages, or the parties may settle out of court. Victims are the plaintiff in your case, and the individuals, companies, or other entities they make claims against are the defendants.

Personal injury lawyers handle various types of cases, such as slip and fall, car accidents, medical malpractice, product liability, and workplace accidents. In 2022, workplace accidents alone led to 34,600 nonfatal workplace injuries and illnesses in Nevada. Each type of personal injury case has specific elements, although some aspects are common to all personal injury claims.

Comparative Negligence

In most personal injury cases, to receive compensation, it is necessary to demonstrate that the person getting sued was negligent. Often, the defendant will argue that the injured party was also negligent, and that his or her portion of the negligence should decrease or eliminate the damages awarded. This is known as comparative negligence.

Nevada has adopted a modified version of the comparative negligence rule. According to this rule, you can recover some damages for your injuries as long as your percentage of the overall fault does not exceed 50%. If you are found to be 51% or more at fault, you cannot recover any damages. Your portion of the negligence reduces your damages by the percentage of your own negligence.

Statute of Limitations

In Nevada, there are statutes of limitations that set time limits for filing personal injury lawsuits in court. Typically, you have a two-year window to file your personal injury lawsuit, with the countdown starting from the date of your injury.

What Are the Elements of a Personal Injury Case?

When you have sustained an injury due to the actions of another individual or entity, Nevada’s personal injury laws allow you to pursue compensation if the injury was the result of negligence or unlawful behavior.

To obtain compensation, you must prove the elements of negligence, which are:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Proving these elements can be complex, but it is essential for receiving full compensation. Therefore, it is important to enlist the help of a personal injury attorney to assist you in proving these elements.

Duty of Care

The concept of duty of care pertains to the responsibility one party has to another. In a personal injury case, the plaintiff needs to prove that the defendant owed him or her a duty of care. Duty of care involves a commitment to uphold standards of care and behavior towards another individual.

For instance, drivers owe a duty of care towards others on the road. Traffic regulations outline the standards of care that drivers are expected to adhere to. In the context of a medical professional, the duty of care originates from the doctor-patient relationship. If a patient wants to take legal action against a medical professional, he or she must demonstrate that they were under the care of that professional.

In the absence of a duty of care, there are no grounds for liability. In simpler terms, you cannot file a lawsuit against someone who doesn’t owe you a duty of care.

Breach of Duty of Care

After establishing duty, the plaintiff needs to prove that it was violated. Demonstrating a breach of duty involves showing that the alleged actions fall below recognized safety or care standards.

For instance, a motorist who is speeding has breached the duty of care toward other drivers and can be held accountable if he or she causes an accident.

Proving a breach of duty may be complex. In medical malpractice cases, for example, demonstrating a breach of duty typically requires medical expertise and detailed evidence. This is why personal injury attorneys collaborate with expert witnesses. These professionals can offer expert testimony regarding care standards and other relevant aspects to bolster a personal injury case.


Causation must be established in personal injury cases. Causation means an action directly leads to an outcome, or in other words, the injury would not have occurred without the action. For instance, if a driver runs a red light and crashes into another car, the accident is caused by running the red light.


Plaintiffs must prove that they have experienced damages, or losses, that are eligible for compensation. Damages may include economic and non-economic losses.

Economic losses encompass quantifiable expenses, such as medical treatment, hospital care, ongoing care, lost income, employment, future work opportunities, and accident-related costs. Non-economic losses compensate for intangible harm, such as pain and suffering, as well as the loss of enjoyment of life.

Steps to Take if You’ve Been Injured

There are several steps to follow to protect your rights and prepare a successful personal injury claim.

Gather Evidence at the Scene of the Accident

After an accident caused by someone else, it’s crucial to gather evidence while you’re still at the scene. If possible, take pictures of the accident, or ask someone else to do it for you.

In the case of a motor vehicle accident, document the damage to both vehicles, their positions relative to each other, and the surrounding area. Also, capture images of any pertinent details, such as nearby traffic signals, road conditions, and speed limit signs.

If your accident involved a slip-and-fall, photograph the cause of the fall, such as a spill, debris, a hole in the parking lot, or any other hazards. Photos and videos from the scene can serve as compelling evidence for a personal injury claim. Encourage witnesses to stay at the scene, get their contact information, and ask for statements, as their testimony may be valuable later on.

Report the Incident

In the event of an incident, promptly inform the relevant authority to compile an accident report. For road traffic accidents, whether you’re a driver, passenger, or pedestrian, it’s crucial to report it to the police right away. In the workplace, any accidents should be documented with comprehensive details, as per standard health and safety procedures. If you experience a slip and fall at a store, the manager should prepare an accident report. These reports contain vital information and details that can be valuable in subsequent legal proceedings.

Seek Medical Attention

It’s important to seek a medical evaluation following an accident, even if you don’t feel hurt. Some injuries may not exhibit symptoms until hours or days later. Getting immediate medical attention can aid in your recovery and help prevent potential complications. Additionally, it can establish a link between your injuries and the accident.

Delaying medical treatment may lead the insurance company to argue that your injuries were caused by another event. Even if you’re unsure about whether you have received an injury, it’s essential to see a doctor for a comprehensive medical examination. A doctor can uncover internal injuries, soft tissue injuries, and others that you might not have initially noticed, which could be serious.

Hire a Personal Injury Attorney

If you have been injured due to someone else’s actions, you may be wondering whether it is worth hiring a personal injury attorney. A personal injury attorney can assist you in gathering evidence, assessing the value of your images, drafting and sending a demand letter, negotiating a settlement, or filing a lawsuit. Hiring a personal injury attorney can help you handle negotiations with the insurance company and secure larger settlements.

If a settlement cannot be reached, your attorney can take your case to trial to obtain compensation. You have the best chance of maximizing your compensation after hiring a personal injury attorney.If you’ve been injured due to another person’s negligence, and are considering an insurance claim or a personal injury lawsuit, don’t hesitate. In Nevada, contact us at George Bochanis Injury Law Offices for a Nevada personal injury lawyer who can guide you through the process.

The George Bochanis Injury Law Offices was established in 1985. Before opening his office, Mr. Bochanis spent years representing major insurance companies in litigation cases and prior to that was a law clerk to a prominent local district court judge. Our offices have grown from a small one person setting to having its own well known office location on South Ninth Street in Downtown Las Vegas with 15 employees.

Years of Experience: More than 28 years
Nevada Registration Status: Active
Bar & Court Admissions: Nevada State Bar Federal Court of Nevada, 3rd Circuit

Top-Rated Injury Attorneys Fighting for You

Since opening our doors in 1985, the accident lawyers at the George Bochanis Injury Law Offices have been committed to helping injury victims get full compensation after slip and fall accidents, motor vehicle crashes, workplace injuries, and other personal injuries.

We’re here to listen. Schedule your free consultation with an injury lawyer today.