Understanding Your Case
Work with Our Reno Personal Injury Attorney - (775) 573-0229
A lot of lawyers will tell you a lot of different things about your case, but not so many will actually explain how the legal system works and what's necessary to prove your case. At the Law Offices of Steven J. Klearman & Associates, we aim to make sure you understand everything that's going on and your options at each step. Here's a simple guide.
There Must Be Both Liability And Damages
In every case, it's necessary to prove both liability (which is another word for legal responsibility) and damages. You can be hurt in an auto accident, and therefore have damages, but if the other driver involved is not liable, you do not have a good case against him or her. Similarly, you can be in an auto accident in which the other driver is clearly at fault, but if there are no signs of physical damages, there isn't a good personal injury case.
To determine if you have a case, we encourage you to schedule a free consultation with us.
There Must Be Claims Under Nevada Law
There are numerous claims possible in any given injury case. These include:
- Negligence per se (when the violation of a law is involved)
- Breach of Contract
- Insurance Bad Faith
These sorts of claims arise in common law; the courts have developed them. There are also various claims that arise from statutes, passed by the legislature, and sometimes claims arise from regulations, which are generally enacted by agencies. In most injury cases, though, claims arise under common law.
All claims are made up of elements. For instance, in Nevada, as in many states, in order to prove negligence you need to demonstrate through evidence (usually testimony or documents) that:
- The defendant owed a duty of care to the plaintiff (the injured party who brings the claim)
- The defendant breached that duty
- The breach was the legal cause of plaintiff's injuries
- The plaintiff suffered damages
When does a defendant owe a duty? When is a duty breached? What types of damages are compensable? The answers to these questions vary from state to state. Lawyers are trained to research the law to understand the meaning of the different elements that make up any given claim and to answer these questions in the context of each unique case.
Contact our firm today at (775) 573-0229 to learn more about how we can help you!