Answers to Your Questions About Tort Law and Personal Injury

July 05, 2021 · 3 min read

Has someone caused your recent injury? If so, you are now affected by what is known as tort law in the American legal system. What is a tort? How are you impacted by torts? And what recourse do you have to get what you need to recover? Here are answers to some of your questions. 1. What Is a Tort? In legal terms, a tort is an act or omission by one party that causes some form of injury to another. It is a civil legal issue, addressed through the civil courts where the injured party seeks compensation from the party that committed the tort. Generally, torts come in three main varieties: intentional torts, negligence, and strict (product) liability. Tort law comes primarily in the form of personal injury law, but this category is much broader than most people realize. Why? The injury caused by a tort can take many forms, some of which are not easily recognizable. 2. What Sort of Injuries Are Included? If torts and personal injuries take many forms, what might these look like? It is most often bodily injury such as might occur as a result of a car accident, a pedestrian being hit, a fight between individuals, or a fall on badly maintained stairs. This bodily injury might be intentional, perhaps from an assault, or it might be accidental and come from negligence. Injury can also include non-bodily harm or loss. If your business rival prints a libelous statement that you are participating in fraud, you may have a personal injury case. Why? The injury is to your reputation and your ability to earn an income. The losses are financial rather than bodily, but they remain caused by the actions or omissions of another party and are injurious to you. Other non-bodily injuries include invasion of privacy, defamation, infliction of emotional distress, and false imprisonment. 3. How Can You Get Compensation? Because tort law is a civil matter, you have three primary means of getting compensation for your injury. The first is through submitting a claim to an insurance company. Most bodily injury cases involve some type of insurance coverage. This insurance may be your own or it may be someone else's liability coverage. The second means of being compensated is through negotiation and settlement. Settlements happen outside the courtroom and allow you to avoid the extra expense and time involved in getting a legal judgment. You do not need to prove your claim beyond a shadow of a doubt, but you must build a strong enough case that the other side feels its best interests are to avoid an actual court battle. The third method to receive compensation is to bring a case before the court. This route is usually pursued only when the first two options have been exhausted. Because you must now win your case to receive anything, most tort cases that reach this point require the help of an experienced attorney. 4. How Is Compensation Granted? What restitution might you get for a tort violation? Generally, you may seek what is called general and special damages. General damages put into dollar amounts the consequences in terms of pain and suffering, impairment, quality of life, reputation damage, or other non-financial issues both present and future. Special damages add up determinable financial losses such as expenses incurred, lost earnings, and loss of irreplaceable assets. These calculations can be applied to insurance claims, settlements, and court judgments. Where Should You Start? Tort law is complex. It is also vital to your recovery from any personal injury, either bodily or non-bodily. Therefore, you do well to start by learning how it may be applied in your particular case. Bradley, Drendel & Jeanney has assisted Nevada residents with all their personal injury needs for more than 50 years. Call today for a free consultation.

Jul 16, 2026

How Much Is My Car Accident Claim Worth in Nevada?

After a crash in Reno, NV, you have the right to get compensation for your losses and damages from anyone who was at fault. Many people start this process by asking "how much is my car accident claim worth,” but it's not possible to put a number on your case without knowing the details. Talk to a lawyer as soon as you can, and keep reading to learn about the main elements that will shape the number. How Much Is My Car Accident Claim Worth in Reno, NV? The value of your claim is going to depend heavily on several factors, the four most important of which are: Liability Total damages Comparative negligence Skill and experience of your lawyer 1. Liability Liability is determined by who was negligent. Negligence happens when someone doesn't act the way a reasonable person in that situation would to protect themselves or others. In car wrecks, liability often comes down to asking, "Who failed to perform their duty towards other road users by failing to follow the laws or acting unreasonably?” If you can show someone was speeding, ran a red light, was driving distracted, or similar, you can usually hold them liable. 2. Total Damages Your damages break down into two categories: economic and non-economic. Economic These are the concrete financial losses, like medical expenses, lost wages from missed work, lost earning capacity if you can't return to the same job or hours because of your injuries, and property damage. These are the foundation of your claim. Non-Economic Pain and suffering, emotional distress, loss of enjoyment of life, and any lasting changes to your daily activities or relationships belong in this group. There is no fixed formula that automatically applies for calculating these. It all depends on the severity of your injury, how long recovery takes, whether the effects are permanent, and how the injury has altered your normal routine. It also depends on your attorney: a good attorney will know how to calculate this fairly and argue for it effectively. 3. Comparative Negligence Nevada uses the 50% comparative negligence rule, and that can affect your claim. So long as you're not more than 50% at fault, you can claim compensation, but your claim will get reduced by the same amount as your fault. So if you're found to be 15% at fault and are owed $23,000 in compensation, you'd end up with about $19,550. It's very important to have a lawyer if you have some fault in the incident, as your lawyer can make sure you're protected from any attempt to call you more at fault than you are. 4. Your Lawyer It matters whether your lawyer is experienced in personal injury cases and skilled at: Gathering evidence and putting it together clearly and effectively Negotiating with insurers and understanding their tactics for minimizing claims Dealing with the red tape of the Nevada legal system Arguing and winning in court, if needed To get the help your claim needs, visit Bradley Drendel & Jeanney in Reno, NV now or call us at 775-335-9999 for a free consultation. We've been protecting Nevada personal injury victims for over 70 years.

Aug 27, 2026

What Should You Do Immediately After a Truck Accident?

After a truck accident involving a large commercial vehicle, the things you choose to do (or forget to do) can have a big effect on your future claim. Here's what to do after a truck accident in Carson City, NV. What to Do After a Truck Accident in Carson City, NV Check for Injuries Check yourself and everyone in your vehicle for injuries the moment the vehicles stop, and remember that adrenaline can easily mask pain, broken bones, or internal injuries for a time, so always get checked out later even if you feel fine at the moment. If anyone feels dizzy, has neck pain, or struggles to breathe, help them stay still and wait for help unless there's a life-threatening emergency, such as a car fire. Call 911 right away so police and emergency medical crews can respond. If your car can still move and the roadway is unsafe, pull as far off the travel lanes as possible. Talk to First Responders When officers reach the scene, give them a factual account of what you saw and felt. Stick to the sequence of events and don't make any guesses about fault or offer any opinions. Ask for the report number and the name of the investigating officer before you leave, because that official record is an important piece of evidence you may need later. Get Evidence If you're well enough to do so, snap pictures of everything you can. Capture the positions of both vehicles, the truck's company name, the USDOT number on the truck and its license plate, and any visible cargo. Include pictures of any skid marks, junk in the road, weather conditions, traffic signals, and the surrounding roadway generally. Take pictures of your own injuries and the interior of your vehicle. Exchange Information Exchange basic information with the truck driver and any other involved drivers, if it is safe to do so and you are all well enough to do so. You should get names, registration, and insurance information from everyone, but from the truck driver you'll also need commercial license details and the motor carrier's name. Collect contact information from any witnesses who stopped. Talk to Your Insurer Notify your own insurance company as soon as you can, but provide only the basic facts of the collision. Avoid making any recorded statements to the trucking company's insurer until you understand the full scope of your losses and have talked to a lawyer. Be aware that commercial carriers love to send adjusters to the scene quickly and press you to make a recordered statement as soon as possible; the goal is to get you to say something they can use later to limit their losses. Always refer them to your lawyer. Contact a Lawyer As soon as you're able, contact a lawyer with experience in truck accident claims. These claims often involve multiple parties, from the driver and motor carrier to cargo loaders, third-party mechanics, and sometimes equipment manufacturers. Each may have different insurance layers and different defenses. Contact Bradley Drendel & Jeanney today in Reno, NV for a free consultation. We've served all of Nevada and Northeastern California for over 70 years.

Jun 18, 2026

What Is a Contingency Fee?

When an unexpected injury disrupts your life, you may have the right to bring a legal claim to get reimbursed for your losses and damages. But doing so on your own is hard for many reasons, not least of all because you've got to concentrate on healing and getting back to normal life. You might have thought of contacting a lawyer here in Reno and wondered just what a personal injury lawyer contingency fee is all about. Defining the Contingency Fee Arrangement A contingency fee is a payment structure where your lawyer only gets compensation if your case is successful. If there is no recovery, you owe no attorney fees. This arrangement is especially common in personal injury because it removes the barrier of having to come up with immediate legal costs just to pursue your rights. The lawyer's payment comes as a percentage of whatever is recovered. How the Personal Injury Lawyer Contingency Fee Typically Works When you go this route, your lawyer invests time, resources, and expertise with the understanding that payment depends entirely on their success. The percentage is agreed upon in advance, and sometimes it can increase if the case ends up requiring more work or has to go to trial. You and the lawyer sign a written contract that spells out the exact percentage and scale, how it applies to the total recovery, and other key terms. Once the funds arrive from your award, your lawyer deducts their fee according to the agreement, handles any liens or medical repayments that have to be reimbursed from it, and distributes the remainder to you. Written Agreements and Nevada Requirements Nevada rules basically require that the contingency fee agreement be in writing and signed by you, clearly state the method for calculating the fee, include the specific percentages that apply at different stages, and address how expenses are to be handled and whether you remain responsible for those if the case does not succeed. Fees vs Case Expenses The contingency percentage covers the lawyer's time and skill. Case expenses are other things, like court filing fees, the cost of getting expert witness reports, medical record retrieval, investigation expenses, and costs for doing deposition transcripts. In many personal injury cases, the lawyer advances these costs and only recovers them from the settlement proceeds if the case succeeds. Advantages of the Contingency Structure Access With this arrangement, you can afford to retain experienced representation without draining all your savings or taking on debt just to get started. Confidence With this arrangement, your lawyer has skin in the game. Their recovery depends on winning, and the amount they get depends on maximizing your compensation. Breathing Room Instead of worrying about monthly legal bills, you can focus on medical treatment and getting your life back on track. Talk to a Reno Personal Injury Lawyer to Learn More Call us today at Bradley Drendel & Jeanney in Reno, NV, where our nearly seven decades of focus on personal injury cases make us one of the state's most established firms.