Protecting Your Rights after a Slip-and-Fall Injury
After a slip and fall, one of the most important things an individual can do is to talk to professionals who can help with the recovery.
Immediately following an accident, there will be frequent doctor’s visits and rehabilitation but there is also the need for long-term financial protection and recovery. This type of recovery comes from holding the owner or possessor of the property responsible for their negligence. This type of liability is known as premises liability. Under Nevada law, owners and possessors of property have certain duties to the people that come on their property. If they do not meet these duties, they can be held financially responsible for their neglect.
Missed Deadlines Can Equal Dismissals
Do not let missed deadlines in premises liability cases result in the dismissal of a case.
It is important to immediately begin talking to an attorney because there are strict deadlines in cases involving slips and falls. If these deadlines are missed, the injured party could lose the ability to be made whole from the negligent party and he could be stuck with all of the bills from the accident.
In Nevada, it is important to understand that there are time limits to filing lawsuits after being injured in a slip and fall. Generally, any lawsuit resulting from the neglect of the owner or possessor of a property must be filed 2 years after the injury. If a claim is not filed within the time period, the case will most likely be dismissed. If a case is dismissed, then there will not be a financial recovery for the injured party and he will have to pay for all of the medical expenses that he incurred.
This type of mistake can be devastating. Because of the time limitations, it is important to get the help you need immediately after a slip and fall.
Additionally, when a case is in progress, the Court may issue a scheduling order that will set deadlines for amending pleadings (pleadings are the claims that an injured party makes explaining why the other party is at fault). Amendments to the pleadings are common because more information becomes available to each party as the case develops. If a person does not have an experienced attorney and misses one of these deadlines, he could easily lose his case.
A few years ago there was a case involving an individual who slipped and fell while bowling at Sunset Station. He missed a deadline to amend his case. Because of the missed deadline, he lost his case and never had the opportunity to go to trial. Additionally, he ended up having to pay $40,000 in medical bills and was ordered to pay Sunset Station’s attorney fees. see Nutton v. Sunset Station. It is likely that the deadlines would not have been missed if he had been represented by an experienced attorney who fully understood deadlines in slip and fall cases and who spent the time researching the case so that all of the amendments would be filed in a timely fashion.
Hiring an experienced attorney is essential to protect people who have been injured in premises liability cases. The failure to meet deadlines can and should be avoided. By hiring an experienced attorney who knows how to investigate a case and prepare it in a timely fashion, an injured person can avoid the financial disaster that can come with missing a deadline.
In Nevada, the attorneys at the David Boehrer Law Firm have a demonstrated record of successfully handling premises liability cases. We invite you to call us today at (702) 750-0750 to discuss your situation with one of our attorneys.