How To Negotiate A Personal Injury Settlement

Have you been injured due to the negligence of another person? If so, you know how frustrating and overwhelming it can be. You’re dealing with physical pain, emotional distress, and financial hardship. You may feel upset, alone, and unsure how to get the compensation you deserve.

That’s where a personal injury settlement comes in. The amount of money received in a  settlement will vary depending on the seriousness of the injuries, the cost of medical care, and other factors.

Even if you’re not sure you’re entitled to a settlement, it’s always worth talking to a personal injury lawyer to help you understand your rights and protect your interests. If you’ve been injured due to someone else’s negligence, Cloward Trial Lawyers will fight for your rights to compensation and help you reach the settlement you deserve.

What Constitutes a Personal Injury?

Personal injury is a legal term for harm or damage to a person’s body, mind, reputation, or emotions caused by another person’s negligence, recklessness, or intentional act. Personal injury cases can arise from a variety of sources, including

  • Auto accidents
  • Slips and falls
  • Medical malpractice
  • Dog bites
  • Product defects
  • Assult and battery

In order to be considered a personal injury, it must have been caused by the negligence of another person or entity.  Negligence is defined as failure to use reasonable care, which results in harm to another person.

What Compensation Am I Entitled To?

Personal injury settlements can cover a wide range of damages. Generally, they are divided into two categories: economic and non-economic damages.

Economic damages

These are damages that can be easily calculated. Economic damages are usually based on actual costs you incurred due to the injury itself. Some examples of economic damages in a personal injury settlement are:

  • Medical expenses: This includes the cost of hospitalization, surgery, medication, therapy, and other medical bills associated with treating the injury.
  • Lost wages: This includes any income you have lost due to the injury, including missed workdays, reduced work hours, and decreased earning capacity.
  • Property damage: This includes any damage to personal property as a result of the injury, such as a damaged car in a car accident.

Non-economic damages

These damages are not easily measured and are more subjective, such as pain and suffering or mental well-being. Non-economic damages are usually based on your subjective experience and can vary greatly from case to case.

Examples of non-economic damages that could be included in a personal injury settlement include:

  • Pain and suffering include any physical or emotional distress you experienced resulting from the injury.
  • Emotional distress includes any psychological trauma, anxiety, or depression caused by the injury.
  • Loss of enjoyment of life: This includes any limitations to your ability to enjoy your life, such as loss of mobility or inability to participate in activities you once enjoyed.

The Importance of Acting Quickly

If you have been injured due to another person’s negligence, it is important to act quickly. In Nevada, the statute of limitations (NRS 11.190) for personal injury cases is two years. This means that you have two years from the date of the accident to file a lawsuit. If you do not file within the statute of limitations, you may not be able to recover compensation for your injuries.

There are a few exceptions to the statute of limitations, but it is important to speak with an attorney as soon as possible to determine if you qualify for an exception.

Additional reasons to act quickly in cases of personal injury settlements include:

  • The evidence may deteriorate or disappear: Witnesses may forget what happened, or physical evidence may be lost or destroyed.
  • Your medical condition may worsen: If you are seriously injured, you may need to start treatment immediately. The longer you wait, the more your medical bills will add up.
  • The other party may try to settle: The longer you wait to file a lawsuit, the more time the other party will have to prepare their defense. The other party may also try to contact your witnesses and get them to change their stories.
  • Your financial situation may become more difficult: If you are unable to work due to your injuries, you may be facing financial hardship. The sooner you can get a settlement, the sooner you can start to get back on your feet.

By contacting a personal injury lawyer as soon as possible, you protect your rights and get the settlement you deserve.

Hiring a Personal Injury Lawyer

When you have been injured, you need a personal injury lawyer to fight for your rights and get you the compensation you deserve, like the experienced, compassionate attorneys at Cloward Trial Lawyers.

There are many factors to consider when choosing a personal injury lawyer, but some of the most important things to look for include:

  • Reputation:  Check online reviews and ask others for their experiences.
  • Experience: Make sure the lawyer you choose has experience handling personal injury cases. This is important because personal injury law is complex, and you want to ensure you have someone who knows what they are doing.
  • Communication skills: You want to make sure you feel comfortable communicating with your lawyer. They should be easy to talk to and should be able to explain the legal process to you in a way you understand.
  • Compensation structure: Most personal injury lawyers work on a contingency basis, which means they only get paid when they win your case. This is a good thing because it means you don’t have to pay anything upfront.

Next, schedule a free consultation. This will give you a chance to meet with us and decide the best fit for you.

How to Negotiate a Personal Injury Settlement

Dealing with insurance companies after a personal injury can be a daunting and stressful experience. In some cases, insurance companies may offer a low settlement amount in the hope that you will accept it without fully understanding the value of your claim.

To protect yourself and get the best possible settlement, working with experienced personal injury lawyers who understand how to negotiate with insurance companies effectively is crucial.

The first step in figuring out your personal injury claim is to document all aspects of your injury, including medical bills, lost wages, and other expenses. This documentation can help support your claim and demonstrate the extent of your damages.

It’s important to avoid speaking to insurance adjusters or representatives without first consulting with your lawyer, as anything you say could be used against you in negotiations. Your lawyer will work to negotiate a fair settlement with the insurance company on your behalf. This can involve gathering evidence to support your claim, presenting your case in a compelling manner, and advocating for your best interests throughout the negotiation process.

Ultimately, the key to successfully dealing with insurance companies is having a knowledgeable and experienced legal team.

If there isn’t an insurance company involved or a settlement cannot be reached with the company, the next step is a legal case, so having an attorney you’ve been working with since the beginning of the process is crucial.

Cloward Trial Lawyers can provide guidance and support throughout the entire process, helping you protect your legal rights and achieve the best possible outcome in your case.

Benjamin P. Cloward

In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.

Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV

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Cloward Trial Lawyers
9950 W Cheyenne Ave Las Vegas, NV 89129

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