Frequently Asked Questions

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What is considered a “personal injury”?
How do I know if I have a personal injury case?
What money can I recover in a personal injury case?
Will the person who caused my injury be punished?
How soon after I’m injured do I have to file a lawsuit?
How much is my case worth?
Will my medical bills be paid for?
How long will it take to settle my claim?
What if I don’t live in Nevada?
What if a person dies before bringing a personal injury lawsuit?
When is the best time to contact an attorney?
What should I bring with me for my meeting with an attorney?
How much does it cost to hire an attorney?
With so many attorneys out there, how do I choose the right one for my case?


What is considered a “personal injury”?

A “personal injury” is any physical or mental injury that results from another’s carelessness or mistake. Personal injury cases typically arise from motor vehicle accidents, slip/trip and falls, malfunctioning elevators/escalators, and improper care at nursing homes, just to name a few. Other types of injury cases include “products liability” and “medical malpractice” actions.

Personal injury cases typically involve a claim of “negligence”, which is simply a fancy way of saying someone has failed to act with reasonable or due care.


How do I know if I have a personal injury case?

If you have been injured by someone else’s carelessness or mistake, you may be able to make a claim for money damages. If you aren’t sure whether the circumstances surrounding your injury justify pursuing a claim for money damages, you should contact an experienced personal injury attorney who can assess the facts and circumstances of the incident to give you an informed assessment of your potential case.


What money can I recover in a personal injury case?

A personal injury claim or lawsuit is pursued in order to obtain money damages from the party at fault for your injuries. The money you may be entitled to pursue would include “special damages” such as past and future loss of wages/income or past and future medical expenses incurred as a result of the injury, as well as “general damages” for things such as (past and future) pain, suffering, disfigurement, and inconvenience. Even under circumstances where someone is clearly at fault for causing you harm, disputes typically arise regarding the amount of money damages to be paid.


Will the person who caused my injury be punished?

Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to punish bad actors and discourage them from engaging in the same kind of harmful behavior in the future.


How soon after I’m injured do I have to file a lawsuit?

The amount of time you have to file a personal injury lawsuit is governed by a statutory time limit called a “statute of limitation.” Most of our statutes of limitation are found in NRS (Nevada Revised Statute) Chapter 11, but there are others. In Nevada, the typical time in which to file an injury lawsuit is two (2) years, but medical malpractice cases are subject to a one (1) year statute of limitations. Missing the deadline to file your lawsuit can cause you to lose your legal right to file a case and recover a settlement for damages relating to your injury. Since the statute of limitation varies for different injuries as well as between states, it is important to contact an attorney as soon as possible after you are injured so you can protect your rights.


How much is my case worth?

No personal injury case is identical, and there is no magic formula for determining a particular case’s value. However, there are several factors that affect the value of your case. These include: 1) the type and severity of injuries; 2) the certainty of liability; 3) the amount of insurance coverage available to pay your claim; 4) the amount of past and future medical expenses incurred; and 5) other variables. No matter what your injury, we take every aspect of your case into consideration to obtain the highest possible recovery for you. We also explain the good and bad of your case to you so you’ll always know why we’re valuing your case the way we are. Because our fee is a fixed percentage of your overall recovery, we are motivated to get you maximum compensation for your personal injury claim.


Will my medical bills be paid for?

WETHERALL GROUP, LTD. is committed to making you whole after an accident. A major component of your personal injury claim involves your medical expenses. Unlike other law firms, we don’t stop working for you as soon as we obtain your recovery. We will stick by you and help you negotiate reductions to your medical bills and liens. Our firm has experienced lien negotiators who work hard to reduce your liens and outstanding medical bills to put more money in your pocket.


How long will it take to settle my claim?

Good question. The time it takes to settle a personal injury claim depends on many circumstances, including the type of case you have, and the extent and type of injury you sustained. We make sure that your injuries have been sufficiently treated and stabilized before trying to settle your case, so that the need for future medical treatment or rehabilitation can be properly assessed and valued. If an attorney tries to settle your case too quickly, you may discover residual medical problems later that won’t have been captured in your settlement. Some cases will resolve in as little as weeks or months while others may not settle at all and will need to be tried. The overwhelming majority of cases we handle end up settling precisely because we are well known as a firm that will go to trial to get fair compensation for our clients if that’s what it takes.


What if I don’t live in Nevada?

WETHERALL GROUP, LTD. represents clients from all over the world, from a variety of states and countries as far away as Australia. We utilize many methods of communication to make it easier for our out-of-state clients to work with us, including telephone, e-mail, fax and mail. In the event you are required to come to Nevada for your case, we work around your schedule and limit the amount of time you travel. We have been successful in recovering large settlements for our out-of-state clients with limited in-person contact.
What if a person dies before bringing a personal injury lawsuit?

If a person dies as a result of another’s carelessness or mistake, that person’s heirs may recover money through a lawsuit known as a “wrongful death” action. Who is an “heir” under Nevada law depends on which of the decedent’s relatives are alive at the time of death. If a person with a personal injury claim dies from causes unrelated to their injury claim, their claim becomes a “survival action” and may continue to be pursued by the executor or personal representative of the deceased person’s estate. WETHERALL GROUP, LTD. is very experienced with pursuing claims on behalf of heirs or personal representatives, and can provide assistance with the probate process to get an heir appointed as executor or special administrator of the person’s estate.


When is the best time to contact an attorney?

Your first priority after an accident or injury is to take care of yourself and your medical needs. Your second priority should be to contact an attorney to make sure your rights are protected. When you hire an attorney, a team of legal experts is tending to your case, which gives you peace of mind and allows you to concentrate on healing and feeling better rather than worrying about legal hassles. We get started right away gathering the evidence needed to pursue your case, initiating the claims process with the liable party’s insurance carrier, and ordering your medical records and bills. When this and other evidence is obtained and preserved properly, your case has a much greater likelihood of succesS.


What should I bring with me for my meeting with an attorney?

You should bring all documents that are related to your potential case. Important documents include police reports, copies of any medical records and bills from doctors and hospitals (or at least a list of treaters), photographs of your injuries and the accident scene, insurance information, as well as any information you may have about the individual or entity that caused your injuries. The more information you provide us, the easier it will be to give you an informed and accurate evaluation your case.


How much does it cost to hire an attorney?

We offer free consultations to potential clients. Additionally, if you decide to pursue your personal injury claim with our firm, your case will be handled on a “contingent fee” basis. This means you won’t pay a dime in attorney’s fees or litigation costs unless or until you receive money from your case.


With so many attorneys out there, how do I choose the right one for my case?

First and foremost, it’s best to hire an attorney whom you get along with, and who makes you feel comfortable and confident. It’s also best to retain an attorney who has experience and success handling cases factually similar to the one you have, because generally speaking, experience counts when trying to get the best outcome for you. Don’t be afraid to ask an attorney questions like: 1) how many cases of this type have you handled; 2) what were the outcomes of those cases; and 3) how many of these types of cases have you taken to trial?

We at WETHERALL GROUP, LTD. are genuinely proud of our firm and the good work we do every day on behalf of injured people. We try our best to put our clients at ease, to keep them informed and up-to-date on the progress of their case, and to litigate their claims to the best of our ability. We have accumulated numerous accolades and outstanding results which confirm our competence and success which you can view here, but perhaps most importantly, we treat you with respect and get the job done. Our motto is “Inform-Protect-Prevail,” and we aim to do just that.