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Personal Injury Attorney Who Puts You First
We’ll help you determine if you have a valid personal injury claim. We know that accidents can leave you feeling overwhelmed, hurt, and uncertain about what to do next. If you’ve been injured in an accident, you might be wondering whether you have the right to seek compensation. Most personal injury claims come down to proving negligence—meaning another party’s actions (or failure to act) directly caused your injuries. Below, we break down the key factors that can help you determine if you have a strong case and the potential to recover compensation.
At Howard Injury Law, we’ll guide you through the legal process as your personal injury lawyer in Las Vegas. From the initial FREE consultation to the resolution of your case, we are committed to providing comprehensive support and representation.
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How To Know You Have A Valid Personal Injury Claim
To pursue a personal injury claim, it must be clear that you were NOT responsible for the accident. This means another party—whether a reckless driver, negligent property owner, or a careless company—owed you a duty of care and failed to uphold it. For example, if a driver ran a red light and crashed into your motorcycle, or if a business failed to fix a hazardous condition that led to your fall, you may have a valid case against them.
Even if an accident was not your fault, you must have suffered physical injuries or damages to file a claim. Without proof of injury, it becomes difficult to establish that you deserve compensation. Seeking medical attention immediately is crucial not only for your health but also to document your injuries as evidence.
Common injuries in personal injury claims include:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Whiplash
- Severe burns
- Internal injuries
- Permanent disability
A critical factor in personal injury claims is the severity of the impact. If you were in a minor fender bender with no visible damage to your car, proving an injury claim might be difficult. However, if the accident involved significant force, causing damage to your vehicle and leading to medical treatment, you are in a stronger position to claim compensation.
The primary purpose of a personal injury claim is to recover compensation for damages. These damages can include:
- Economic damages – Medical bills, lost wages, property damage, rehabilitation costs, and future medical care expenses.
- Non-economic damages – Pain and suffering, emotional distress, loss of enjoyment of life, and psychological trauma.
- Punitive damages – In cases of extreme negligence or recklessness, additional compensation may be awarded to punish the defendant and deter future misconduct.
If you did not suffer any financial, emotional, or physical harm, it is unlikely that you have a valid personal injury claim.
In Nevada, personal injury claims are subject to a statute of limitations, meaning you must file your lawsuit typically within two years of the date of the accident. For medical malpractice claims, they’re around one year of the incident. If you fail to take legal action within this time frame, you may lose your right to seek compensation. Some exceptions may apply, but in most cases, acting quickly is crucial to preserving your claim.
Many accident victims unknowingly jeopardize their cases by making critical mistakes. Here are some common pitfalls that could weaken your claim:
- Posting on social media about the accident – Insurance companies and defense attorneys monitor social media and may use your posts against you.
- Delaying or avoiding medical treatment – If you don’t seek prompt medical care, the insurance company may argue that your injuries are not severe or were not caused by the accident.
- Ignoring your doctor’s recommendations – Failing to follow your treatment plan can suggest that your injuries are not as serious as you claim.
- Providing a recorded statement to the insurance adjuster – Anything you say to an insurance company representative could be used to minimize or deny your claim.
One of the strongest pieces of evidence in a personal injury claim is medical documentation. If you did not seek medical treatment, proving that you were injured as a result of the accident becomes extremely difficult. Medical records, doctor’s reports, and treatment plans serve as tangible proof of the extent of your injuries and the costs associated with your recovery.
Ways To Know You Have A Valid Personal Injury Claim
1. You Were Not at Fault for the Accident
To pursue a personal injury claim, it must be clear that you were not responsible for the accident. This means another party—whether a reckless driver, negligent property owner, or a careless company—owed you a duty of care and failed to uphold it. For example, if a driver ran a red light and crashed into your motorcycle, or if a business failed to fix a hazardous condition that led to your fall, you may have a valid case against them.
2. You Sustained Injuries as a Result of the Accident
Even if an accident was not your fault, you must have suffered physical injuries or damages to file a claim. Without proof of injury, it becomes difficult to establish that you deserve compensation. Seeking medical attention immediately is crucial not only for your health but also to document your injuries as evidence.
Common injuries in personal injury claims include:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Whiplash
- Severe burns
- Internal injuries
- Permanent disability
3. The Impact Was Severe Enough to Cause Damage
A critical factor in personal injury claims is the severity of the impact. If you were in a minor fender bender with no visible damage to your car, proving an injury claim might be difficult. However, if the accident involved significant force, causing damage to your vehicle and leading to medical treatment, you are in a stronger position to claim compensation.
4. You Incurred Measurable Damages
The primary purpose of a personal injury claim is to recover compensation for damages. These damages can include:
- Economic damages – Medical bills, lost wages, property damage, rehabilitation costs, and future medical care expenses.
- Non-economic damages – Pain and suffering, emotional distress, loss of enjoyment of life, and psychological trauma.
- Punitive damages – In cases of extreme negligence or recklessness, additional compensation may be awarded to punish the defendant and deter future misconduct.
If you did not suffer any financial, emotional, or physical harm, it is unlikely that you have a valid personal injury claim.
5. The Incident Occurred Within the Legal Time Frame
In Nevada, personal injury claims are subject to a statute of limitations, meaning you must file your lawsuit within two years of the date of the accident. If you fail to take legal action within this time frame, you may lose your right to seek compensation. Some exceptions may apply, but in most cases, acting quickly is crucial to preserving your claim.
6. You Have Not Made Any Mistakes That Could Harm Your Case
Many accident victims unknowingly jeopardize their cases by making critical mistakes. Here are some common pitfalls that could weaken your claim:
- Posting on social media about the accident – Insurance companies and defense attorneys monitor social media and may use your posts against you.
- Delaying or avoiding medical treatment – If you don’t seek prompt medical care, the insurance company may argue that your injuries are not severe or were not caused by the accident.
- Ignoring your doctor’s recommendations – Failing to follow your treatment plan can suggest that your injuries are not as serious as you claim.
- Providing a recorded statement to the insurance adjuster – Anything you say to an insurance company representative could be used to minimize or deny your claim.
7. You Sought Medical Attention for Your Injuries
One of the strongest pieces of evidence in a personal injury claim is medical documentation. If you did not seek medical treatment, proving that you were injured as a result of the accident becomes extremely difficult. Medical records, doctor’s reports, and treatment plans serve as tangible proof of the extent of your injuries and the costs associated with your recovery.
“Many people don’t realize they should contact a personal injury law firm immediately after an injury or significant property damage claim. Relying on insurance adjusters can be a costly mistake.
Despite appearing impartial, adjusters work for the insurance company and aim to minimize payouts or deny claims.”
-Glen, Owner of Howard Injury Law
- Minimizing your injuries
- Shifting blame
- Delaying the process
- Use statements against you
The Benefits of Using Howard Injury Law
For over 20 years, our personal injury lawyers have been dedicated to serving the Las Vegas, Nevada community as well as in California, Arizona, and Colorado. We cover all injury cases, enabling us to offer personalized legal strategies tailored to each client’s unique needs.
We’re a highly acclaimed firm having received numerous prestigious awards, including:
Like most personal injury lawyers, we work on a contingency fee basis, meaning we only get paid if you win your case. And we’ll help you understand your fee structure upfront. NO WIN, NO FEE!
- We get maximum compensation
- You get expert guidance
- We speak Spanish, Cantonese, Mandarin
- We have 20+ years of legal experience
- We have a great track record
- We are client-centric
I truly recommend their service to anyone in need..Thanks guys 😊
I had the privilege of working with The Law offices of Glen Howard and his team for my auto accident injury case, and I couldn’t be happier with the experience. From the start, their staff’s communication was exceptional. They kept me informed every step of the way, ensuring I was never left in the dark about the progress of my case.
What truly sets this office apart is their commitment to delivering on their promises. They said they would fight for me, and that’s exactly what they did. Their expertise and dedication led to a favorable outcome for my case. James and Vanessa were always there to help me with questions and concerns.
I highly recommend Glen Howard to anyone in need of a skilled and reliable injury attorney. Their professionalism and results speak for themselves. Thank you for all your help!
I can’t stress enough how professional, attentive, and communicative Attorney Glen Howard has been during this entire process. He has made everything very simple and understandable for me. I would highly recommend him to anyone!
-Karen
I recommend Howard Injury Law to anyone who needs legal advice. There was not one time where I felt overwhelmed or rushed. Glen and the team were extremely empathetic to my situation and was diligent in handling my case.
-Luis
What is a Personal Injury Claim?
A personal injury claim is a legal claim for compensation when you are hurt because another person, business, or entity was negligent or acted wrongfully. These claims can arise from:
Car, truck, motorcycle, or rideshare accidents
Slip and falls or unsafe property conditions
Casino, hotel, or resort accidents
Defective products
Other accidents caused by careless or reckless behavior
If someone else’s choices created an unsafe situation and you were injured as a result, you may have a personal injury claim.
Call us at Howard Injury Law 24/7 at (702) 331-5722 for a free consultation or fill out our 24/7 web form.
Step 1: Was Someone Else Negligent?
Most Nevada personal injury cases are based on negligence. To have a valid claim, four things usually must be present:
Duty of care: The other party had a legal duty to act reasonably. For example, drivers must follow traffic laws; property owners must keep their premises reasonably safe.
Breach of duty: They failed to act reasonably. Examples include running a red light, texting while driving, or ignoring a spill on a store floor.
Causation: Their conduct directly caused your accident and injuries. There must be a clear link between what they did (or failed to do) and what happened to you.
Damages: You suffered actual losses, such as medical bills, lost wages, pain, or emotional distress.
If these elements are present, you may have a viable personal injury claim in Nevada.
Step 2: Did You Suffer Real, Documented Injuries?
Not every close call or minor bump becomes a claim. To move forward, you need real, documented harm, which can include:
Physical injuries: fractures, soft‑tissue injuries, head injuries, back or neck pain, burns, etc.
Financial losses: medical bills, therapy, prescription costs, and lost income from missed work.
Emotional and mental harm: anxiety, PTSD symptoms, sleep problems, or loss of enjoyment of life.
Strong documentation is critical. Helpful evidence includes:
Emergency room and urgent care records
Follow‑up doctor visits and specialist reports
Imaging studies (X‑rays, MRIs, CT scans)
Treatment plans, prescriptions, and physical therapy records
Photos of your injuries and any visible scarring
If you are unsure how serious your injuries are, see a doctor as soon as possible. Prompt medical care protects both your health and your future claim.
Step 3: How Does Nevada’s Comparative Negligence Rule Affect You?
Many people hesitate to call a lawyer because they think the accident was partly their fault. In Nevada, that does not automatically end your claim.
Nevada follows a modified comparative negligence rule (sometimes called the 51% bar rule):
You can still recover compensation if you were 50% or less at fault.
Your compensation is reduced by your percentage of fault.
If you are 51% or more at fault, you generally cannot recover damages.
For example, if a jury finds you 20% at fault and your damages total 100,000, your recovery could be reduced to 80,000.
Insurance companies often try to blame the victim to reduce what they pay. An experienced Nevada personal injury attorney can push back against unfair fault arguments and protect your rights.
Step 4: Do You Have Evidence to Support Your Claim?
To answer “How do I know if I have a personal injury claim?” you need to look at the evidence. Under Nevada law, you must prove your case by a preponderance of the evidence, meaning it is more likely than not that your version is true.
Key evidence may include:
Accident and police reports: These can show how the crash or incident happened and may note traffic violations or unsafe conditions.
DMV SR‑1 forms: In Nevada vehicle accidents, required reports can also help support your claim.
Photos and videos: Images of the scene, vehicles, hazards, weather, and your injuries can be powerful proof.
Surveillance or dashcam footage: Security cameras or dashcams can show exactly what occurred.
Eyewitness statements: People who saw the incident can help clarify what happened and who is responsible.
Medical records and bills: These show the nature, extent, and cost of your injuries.
Daily impact notes: A simple journal documenting your pain levels, limitations, missed events, and emotional struggles can help demonstrate your non‑economic damages.
The sooner you begin gathering evidence, the stronger your Nevada personal injury claim is likely to be.
Step 5: Are You Within Nevada’s Time Limit to File?
Personal injury claims are subject to strict deadlines called statutes of limitations. In Nevada:
Most personal injury cases have a two‑year deadline from the date of the injury.
Some cases, such as claims against government entities, can have shorter notice or filing deadlines.
If you miss the applicable deadline, you may lose your right to pursue compensation, no matter how strong your case is. This is one of the reasons it is important to speak with a Las Vegas personal injury lawyer as early as possible after an accident.
How a Nevada Personal Injury Attorney Evaluates Your Claim
Determining whether you have a valid personal injury claim involves more than checking a box. At Howard Injury Law, we typically:
Review how the incident occurred to identify all potentially liable parties.
Analyze negligence and comparative fault under Nevada law.
Calculate your damages, including future medical care, lost earning capacity, and pain and suffering.
Secure key evidence by contacting witnesses, requesting records, and, when needed, consulting experts like accident reconstructionists or medical professionals.
Communicate and negotiate with insurance companies to pursue a fair settlement.
Prepare for trial if the insurer refuses to offer reasonable compensation.
You do not have to figure out all of this alone. A consultation gives you a clear picture of your options without committing to anything.
When Should You Call a Personal Injury Lawyer?
You should strongly consider calling a Nevada personal injury attorney if:
You were injured in an accident caused (even partly) by someone else.
You are receiving medical treatment or have ongoing symptoms.
The insurance company is pressuring you to settle quickly or sign documents.
Fault is disputed, or multiple parties may be responsible.
You are worried about medical bills, lost wages, or long‑term effects.
The earlier you reach out, the easier it is to protect evidence, meet deadlines, and build a strong claim.
Las Vegas Car Accident Resources
When you work with Howard Injury Law, you also gain access to educational resources that answer common questions such as:
These resources, combined with personalized advice, help you make informed decisions at every stage of your case.
Talk to Howard Injury Law About Your Nevada Personal Injury Claim
If you are asking yourself, “How do I know if I have a personal injury claim?”, the next best step is to talk with a lawyer who handles these cases every day.
At Howard Injury Law, we help injured people in Las Vegas and throughout Nevada understand their rights, evaluate their claims, and pursue the compensation they deserve. We offer free consultations, and you pay no attorney’s fees unless we recover money for you.
Call us today to discuss your situation, get answers to your questions, and find out whether you have a Nevada personal injury claim.
At Howard Injury Law, we expertly guide you through the legal process as your dedicated personal injury lawyer in Las Vegas. From the initial FREE consultation to the resolution of your case, our experienced car accident attorneys or personal injury lawyers serve Nevada, California, Colorado, and Arizona, and are committed to providing comprehensive support and representation. We understand the complexities and challenges that come with personal injury claims, and we’re here to ensure that your rights are protected every step of the way. Call or fill out our free online form!
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