More than 40 million people a year visit Las Vegas to have a good time at one of the city’s world-class bars, restaurants, nightclubs, and casinos. But what happens when you come for fun but end up with an injury? Whether you’re a local or a tourist, it’s important to know your rights.
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What’s Your Injury?
Below are some of the most common injuries nightclub patrons experience:
- Cuts from broken bottles and glassware
- Fire-related injuries and burns
- Food and alcohol poisoning
- Sexual assault and/or harassment
- Physical harm due to:
- Assault from staff or other customers
- Dangerous grounds or facilities
- Improper emergency evacuation
- Objects that fall or are thrown
- Slips and falls
Injuries are, sadly, a part of life, and risk cannot be avoided. Not every nightclub injury is lawsuit-worthy, and accusation alone does not mean you have a case. Understanding negligence and liability can help in determining whether you have a case. However, the best way to understand your options is to speak with a Las Vegas accident attorney who is knowledgeable about nightclub injuries.
Criminal or Civil?
Whether your case is criminal or civil will make a big difference in the outcome. The purpose of a criminal case is to punish the offender. The purpose of a civil case is to compensate the victim for damages they have suffered.
An example of a criminal case would be someone committing a crime by assaulting you at a nightclub. They could be punished with fines and/or jail time. As the victim, you would be a witness in the criminal case. A district attorney/prosecutor would file the case.
An example of a civil case would be a nightclub owner failing to clean up a spilled drink in a reasonable amount of time, causing you to slip and fall. You would be the plaintiff in this case, meaning you would file the lawsuit, suing for compensation for medical bills, missed work, etc.
It’s possible for some nightclub injury cases to be both criminal and civil. For example, if a bouncer assaulted you, the bouncer may be charged with a crime, while the nightclub may be sued in a civil case because they are responsible for their employees’ on-the-job actions. A good personal injury attorney can help you know whether your case is criminal, civil, or both.
Establishing Liability for a Civil Claim
If you decide to file a civil claim, you will need to establish liability. To do this, you must show that:
- The nightclub (owner, operator, or employee) had a duty to take reasonable actions to protect patrons from harm.
- The nightclub was negligent in its duty and did not take reasonable actions to protect patrons from harm.
- There is a clear connection between the actions taken (or not taken) by the nightclub and the injuries you sustained.
Essentially, to establish liability, you must prove that a nightclub did not adhere to its responsibility to reasonably protect patrons from harm, and the clear result was an injury.
How Do I File a Claim?
Here’s what you should do if you think you have grounds for a personal injury case against the nightclub.
1. Talk to an Attorney
Your time is valuable, so you don’t want to go to the trouble to file a case if you don’t stand to win. An accident attorney can help you know how strong your case is. If it is viable, they can help you file the necessary paperwork to initiate your case and meet the appropriate filing deadlines.
2. Gather Evidence
Evidence–not emotion–wins cases. No matter how compelling your story, you have to back it up with hard evidence if you want to win your case. Strong evidence includes:
- Photos of the accident scene
- Photos of your injuries
- Eyewitness accounts
- Medical records showing the extent of your injuries and the details of your treatment
- Your personal account of the accident
3. Compile Financial Records
You will need to show how your injuries (physical and/or mental) have hurt you financially. You can show this through:
- Doctor bills
- Pharmacy bills
- Rehabilitative therapy bills
- A record of missed workdays
If your injuries have limited your ability to earn money in the usual way, your attorney can help you calculate future lost earnings. While attorneys do not have a crystal ball, they can base your case on similar legal cases and your doctors’ input to arrive at a good estimate.
For example, if you fell at a nightclub and hurt your back, rendering you unable to work in your job as a dental assistant, your attorney can calculate how long it could reasonably take you to heal and the money you will lose while you are off work (in addition to an estimate of ongoing medical bills).
Should I Accept the Nightclub’s Settlement Offer?
The nightclub’s insurance company may offer to settle with you out of court. It can be tempting to accept the first settlement offer. After all, if your injuries have drained your finances, the thought of quick cash can be very appealing. However, if you accept this settlement, you cannot continue to negotiate for a better offer or pursue legal action against the defendant.
Your attorney can help you know if a settlement offer is reasonable or if you should continue to negotiate for more. If you have not fully recovered from your injuries, accepting an early settlement can be risky as your ongoing expenses (missed work, medical bills, etc.) could surpass your settlement amount.
No one walks into a nightclub expecting to leave injured, but if you do, there’s help. Tingey Injury Law Firm’s accident injury attorneys serve Las Vegas, Henderson, Summerlin, and other surrounding areas. For more than 50 years, we have been helping people who have been injured in Nevada bars, casinos, and nightclubs. Contact us for a free consultation.