Las Vegas Personal Injury Attorneys
Representing The Legal rights of Individuals Injured in Preventable Accidents
Have you suffered an injury or lost a loved one in a tragic accident in Las Vegas? Under Nevada law, if someone else’s negligent actions caused you harm, you have the right to pursue compensation for the damages they’ve caused. At the Law Offices of Michael I. Gowdey, we help personal injury victims get the medical treatment they need and the recovery they deserve. Our firm has built a strong reputation for putting the interests of our clients above all else, and we’re proud to say that individuals and families throughout Southern Nevada have entrusted us with their livelihoods for more than 25 years.
Compassionate and Zealous Advocacy in Your Time of Need
We know that you have a lot at stake, that’s why you won’t find us rushing to accept the first settlement offer from the insurance company. Lead personal injury attorney Michael Gowdey and his team devote the necessary time and resources to prepare your case as if it’s going to trial. This lets the insurance company know that we mean business and gives us leverage in negotiating for the maximum amount of compensation available under the law.
Get Peace of Mind Today.
If you are concerned about the cost of hiring an attorney, don’t be. We enter into contingency fee agreements with our clients which means you don’t owe us a dime unless we obtain a favorable recovery or judgment on your behalf. If you would like to meet with us to discuss your case, we offer a free, no-obligation consultation. Schedule one today!
Benefits of Hiring Our Personal Injury Lawyers:
If you determine that we’re a good fit, we will immediately begin building a winning case so you can focus on your recovery. You can count on us to:
- investigate your accident — review police report, gather evidence and speak to witnesses to determine what happened and who was at fault
- calculate the true value of your claim factoring in long-term medical care and financial needs
- manage the insurance claims process — file the appropriate documents, submit a demand letter to negligent party’s insurance carrier
- negotiate an accident settlement for an amount that fully reimburses you
- litigate aggressively in court if settlement negotiations fail
Personal Injury Areas of Practice
Our experience and skill enable us to effectively handle a wide variety of insurance claims, including those arising from:
Car Accidents – Many automobile collisions are the result of negligence or carelessness by other drivers on the road, improper road design, or faulty auto parts. Depending on the circumstances of your case, we can pursue a claim against the at-fault driver and/or their insurance carrier, the city of Las Vegas, or an auto manufacturer.
Medical Malpractice – When a doctor or health care provider fails to provide the quality of care that is expected in their line of profession and ends up hurting the patient, they can be sued for malpractice. Examples of medical malpractice may include: failure to diagnose, misdiagnosis, surgical error,
Motorcycle & Truck Accidents – Crashes involving motorcycles and trucks often result in catastrophic injury, even death. Truck accident claims are more complex than car claims due to the federal laws that govern the commercial trucking industry as well as the number of parties that could potentially be held liable (the truck driver, trucking company, cargo owner, manufacturer, distribution center, etc).
Sexual Assault/Clergy Abuse – Suffering sexual abuse at the hands of a clergy member you trust — whether it be a priest, rabbi, deacon or other religious leaders in power is something no one should ever have to endure. As a survivor of sexual abuse, you deserve to receive justice and closure to help you move forward. We bring claims against various religions institutions including but not limited to the Roman Catholic Church, the Baptist Church, the Episcopal Church, The Church of Jesus Christ of Latter Day Saints (Mormons), and Judaism.
What Damages Can I Recover?
The aftermath of an accident can be just as traumatic as the accident itself. The physical and emotional pain can be overwhelming and the medical bills can quickly accumulate to create a significant financial hardship. It can be even more stressful if you are forced to take time off work or are unsure of your ability to earn a living in the future.
The goal of personal injury law in Nevada is to make injured persons “whole” or back to the place you were before the accident. Potential recovery in a settlement or at trial may include reimbursement for economic and non-economic damages. Economic damages cover losses which can be quantified by a dollar amount while non-economic losses cover intangible losses such as pain and suffering.
The overall value of your case is based on the severity of the injury, the effects of the injury on your life and the negligence of the other party.
Medical Expenses: reimbursement for the treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future including but not limited to:
- hospital bills
- surgical costs
- doctor/specialist visits
- diagnostic testing
- physical therapy and rehabilitation costs
- prescription medication costs
- medical aids like crutches and slings
You should obtain a copy of your medical records from all of your treatment providers and keep bills related to your treatment.
Lost Income: reimbursement for wages you’ve lost starting on the date of the accident, any present-day lost wages and any future earnings. If you have to take a lower paying job, you may be compensated for any reduction in earning potential. If you cannot work ever again, you may be able to recover an amount equal to what you have earned over the course of your life if the accident had not happened.
If you are unable to work, you should gather timesheets and pay stubs to show your normal rate of pay, how many hours you were unable to work, and the total amount of compensation you lost by not being able to work. A letter from your employer may also be necessary to verify
Property Damage: cost of repairing or replacing personal property that was damaged. If your vehicle was totaled, you may be compensated for the full market value of your vehicle.
Make sure to gather receipts/bills or market estimates for damaged items.
Pain and Suffering: compensation for any physical pain and severe discomfort you endured after the accident.
Emotional Distress: covers psychological impact of an injury — depression, insomnia, anxiety, PTSD,
Obtain a letter or medical records from your doctor, psychologist, psychiatrist, therapist, or counselor to help substantiate the seriousness of your emotional distress.
Loss of Enjoyment of Life: compensation for anything that has reduced your qualify of life including inability to engage in hobbies, exercise, time with friends, or other recreational activities.
Loss of Consortium: lost affection, companionship, and sexual relationship with spouse.
Keep a journal or diary detailing how the injury and any treatment are affecting your daily life and relationships.
Disfigurement – scars, burns, lashes, and physical deformities
Wrongful death damages medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.
Punitive damages can be awarded when the negligent party’s actions are especially egregious. These damages are meant to punish the at fault party and deter others from behaving similarly.
Common Injuries Sustained in Personal Injury Cases
The Law Offices of Michael Gowdey has represented personal injury victims who have been afflicted by a wide range of injuries including but not limited to:
- Lacerations, abrasions
- Broken bones
- Internal bleeding/organ damage
- Traumatic brain injury
- Neck and back injuries
- Spinal cord injury
- Partial/Complete Paralysis (temporary or permanent)
- Facial/Dental Damages
We Protect You From Unfair Insurance Company Tactics
It's important to remember that insurance companies are in business for one reason: to make money. Their profits increase when they settle claims for less than their fair value or deny a claim altogether. Given this motivation, they will go to great lengths to invalidate your claim. Three common tactics they may engage in include:
- Delaying payment of justified claim for as long as possible
- Denying responsibility for everything, even when it is obvious that their policyholder is at fault
- Defending all allegations with a win-at-all-costs mentality, without regard for the truth or accountability
Personal Injury Laws in Nevada:
Statute of Limitations
All states including Nevada have specific guidelines and laws that govern personal injury cases. For instance, each state has a statute of limitations or time limit for filing a personal injury lawsuit in court. In Nevada, you have 2 years from the date of your injury to take legal action. For medical malpractice suits, you have three years. If you fail to file before the deadline, a Nevada court will typically refuse to hear your case and you will be forever barred from recovering what you are entitled to.
Court Filing Locations
A personal injury claim must be filed in the court jurisdiction where your injury occurred or where the alleged at-fault party resides. For damages that are less than $5,000, you must file in small claims court, a division of the Nevada Justice Court. The small claims division of the Las Vegas Township Justice Court will hear matters involving sums up to $7500. For damages that exceed $10,000, your case will be heard in the Eight Judicial District Court.
Caps on Compensation
Nevada law limits the amount you can recover for noneconomic damages in a personal injury lawsuit to $350,000.
Modified Comparative Fault Rule
Before an insurance company agrees to a settlement or a judge or jury reaches a verdict, they will assess whether you contributed in any way to your accident. When negligence isn’t clear-cut, such as in a car collision, Nevada applies the legal doctrine of modified comparative negligence to allocate financial liability. This theory states that even if you were partially responsible for your accident, you can still recover compensation so long as your liability did not reach 51 percent. The caveat is that your recovery would be reduced by your percentage of fault.
For example, in a motor vehicle accident, if you were speeding and the other driver was texting and driving, and it was determined that you were 40 percent liable and the other driver was 60 percent liable — your recovery would be reduced by 40 percent. So, if total damages were $100,000, you would receive $60,000.
If, however you were more than 51 percent liable, you would be barred from recovering compensation.
How Do I Prove My Case?
Establishing negligence is central to a successful personal injury claim. The law defines negligence as the failure to act the way a reasonably careful person would have acted in the same situation. There are four elements of negligence that need to be proven in your case:
Duty of Care: you must first show that the person who caused your injury owed you a legal duty to avoid acting carelessly under the circumstances. For example, if you were in a car accident, the duty of care is clear — the driver had a legal responsibility to operate their vehicle safely and obey traffic laws to avoid causing harm.
Breach of Duty: the alleged at-fault party failed to meet the duty of care to keep you free from injury
Causation: this person’s carelessness or negligence caused your injury
Damages: you suffered significant physical, financial, or emotional damages as a result of this person’s carelessness
If you have been injured, call our personal injury attorneys today to find out if you have a case. You might be eligible to receive financial compensation. There are no fees till your case is won.