Las Vegas Medical Malpractice Attorney
45+ Years of Experience Working For You: (702) 529-3101
The health care system in the United States is second to none-both for the quality of care available and the legal protections that are supported in law. If a hospital, health care provider or medical professional is negligent in the services they render, they are legally liable for any harm that occurs. Some medical establishments rarely accept liability without a fight, which is why it's so essential to have a competent, Las Vegas medical malpractice lawyer in your corner.
We put our trust in the hands of medical professionals, but the unfortunate reality is even the most qualified doctors can commit acts of negligence. If you or a loved one is a victim of medical negligence, it's important to understand that you may be eligible for compensation to make up for the loss and suffering you've endured. Attorney Steven M. Burris has years of experience handling these types of cases and goes above and beyond in fighting for his clients.
Why Do Clients Continue to Choose Burris & Thomas, LLC?
- Compassionate counsel for every client and their families
- Free, initial case consultations
- If we don't recover, you don't pay
- Named in Super Lawyers® for 5 consecutive years
- Perfect AV® Preeminent Rating by Martindale-Hubbell®
For the "Top Personal Injury Lawyer" in Las Vegas, according to Las Vegas Life magazine, call Burris & Thomas, LLC at (702) 529-3101 today.
What is the Medical Malpractice Statute of Limitations in Nevada?
In Nevada, any legal action against a medical professional must be taken within 3 years following the date of the injury, or within 1 year after the injury is discovered (NRS § 41A.097). Plaintiffs who miss the statute of limitations may still file a claim, but the courts will most likely dismiss the case.
Most states have specific “statute of limitations” set in place for people who are looking to file a medical malpractice claim. It’s important that you are informed of these limitations so you don’t miss the deadline to file your claim.
If you’ve been injured at the hands of a medical professional’s negligence, it’s imperative that you call our firm as soon as possible to begin discussing your legal options. Even if you’re unsure about whether or not you have a case – speaking to a lawyer will help you understand your rights and how we can protect them.
What to Expect During a Medical Malpractice Case
If you are considering filing a medical malpractice lawsuit, it is important to understand the process and what to expect. At Burris & Thomas, LLC, our experienced Las Vegas medical malpractice attorneys can guide you through every step of your case.
Here are some key things to expect during a medical malpractice case:
- Investigation: Our team will conduct a thorough investigation into your case, including reviewing medical records, consulting with medical experts, and gathering evidence.
- Filing: Once we have gathered enough evidence, we will file a complaint with the court and begin the legal process.
- Discovery: Both sides will exchange information and evidence through a process called discovery, which may include depositions, interrogatories, and document requests.
- Negotiation: In many cases, a settlement can be reached through negotiation with the defendant's insurance company or legal team.
- Trial: If a settlement cannot be reached, your case will go to trial where a judge or jury will make a decision.
- Appeal: If either side is unhappy with the outcome of the trial, they can appeal the decision to a higher court.
Our team at Burris & Thomas, LLC will work tirelessly to ensure that you receive the compensation and justice you deserve. Contact us today to schedule a free consultation with one of our experienced Las Vegas medical malpractice attorneys.
$2,000,000 Judgement Sexual assault on cocktail waitress by a professional athlete.
$1,400,000 Verdict Slip and fall.
$700,000 Settlement Amusement park device causes severe shoulder injuries.
How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.