In many premises liability cases, you’ll first seek compensation by filing a claim with the relevant party’s insurance company. You may expect the process to be straightforward, but always remember that an insurer is a business committed to increasing profits and decreasing costs. Your claim is a threat to these interests, so the insurance company will look for reasons to deny payment. The claims adjuster assigned to your matter may accuse you of causing the accident or contest the severity of your injuries.
As such, your next step may be litigation if you cannot reach a fair settlement amount with the insurer. Civil lawsuits are complicated, as they involve complex statutes, case law, and court procedural rules. Under the circumstances, it’s essential to retain an experienced premises liability attorney to represent you.
Even if you’re able to prove the four elements listed above, you should be aware of three legal concepts that may affect your right to compensation in a premises liability case.
- Nevada has a statute of limitations in all personal injury cases, including those stemming from hazardous conditions on property. You have two years from the date of the accident to file a lawsuit, and the clock doesn’t stop during the negotiations period with an insurance company. If you don’t initiate litigation before the statute of limitations expires, you can never recover monetary damages for your losses.
- The concept of comparative negligence applies in Nevada, which focuses on how your own conduct may have contributed to the injury-causing accident. If you’re at fault, even just slightly, your compensation may be decreased by the amount of fault attributable to you. In a case where you’d be entitled to $100,000, you could receive just $60,000 if it’s revealed that you were 40 percent responsible.
- Premises liability does not cover injuries to victims who were unlawfully present on property when suffering bodily harm. Trespassers are not eligible to obtain monetary damages if they’re hurt while on the premises illegally.