If you’re vacationing in Las Vegas and suffer an injury on your trip, there are several things you should do before you leave. Specifically, you should get prompt medical attention, document everything, and take steps to preserve your right to file a compensation claim in Nevada. Remember that gathering records, witness accounts, and evidence can become harder once you leave.
With all that in mind, here’s everything you should do before you leave if you’re injured on vacation in Las Vegas.
Get Medical Care in Las Vegas Before You Leave
Getting immediate medical attention in Las Vegas after any injury is essential. First, it can help protect your health and start your recovery; second, it helps establish that your injury occurred in Las Vegas, even if you continue care at home.
If you’re like most vacationers, you probably don’t want to spend your precious vacation time getting treated for an injury. So, you may downplay the injury and any pain you’re feeling. You may even want to delay treatment until you get home. If you do that, you’re jeopardizing any chance you may have to claim compensation for your injury.
Delayed treatment makes it possible for insurers or property owners to argue that your injury happened somewhere other than in Las Vegas. It also provides room for them to argue that your injury isn’t very serious, since you felt comfortable delaying treatment.
When you seek immediate local treatment, you’re helping to establish an unassailable timeline of events. Whether your injury happened in a casino, a hotel, a restaurant, a rideshare, or on the Strip itself, your medical records will contain an account of what happened and where. That turns your medical records into compelling evidence if you need to pursue a compensation claim.
Report the Incident and Get a Copy
Report the incident before you check out, leave the property, or get on a flight. A police report or property incident report ties your injury to the exact place it happened.
If your injury occurred inside a casino, hotel, or other private business, notify management immediately. Ask for a formal incident report, since some businesses won’t prepare one unless you request it. Get a copy before you leave, or at minimum the report number and the name and contact information of the staff member responsible.
If your injury came from a traffic collision or a pedestrian accident on the Strip, report it to the Las Vegas Metropolitan Police Department (LVMPD). Ask how to obtain a copy of the police report, and record the responding officers’ names, any other drivers involved, and their insurance information.
Collect Evidence Before It Disappears
Every hour after an injury makes evidence harder to collect. Get witness statements, photos of the scene, and other proof before you depart, or you may never get them.
Take photos and video of the location from multiple angles, and focus on anything that contributed to your injury. In a casino slip and fall, wet floors, poor lighting, and missing warning signs may be fixed shortly after you’re hurt, so photograph them right away.
If your injury happened inside a business, submit a written request asking them to preserve relevant security camera footage. Many properties overwrite footage on a set retention cycle, sometimes within days, unless they have a reason to keep it. Keep a copy of your request so you can show you tried to secure the footage.
Finally, keep anything that proves you were at the location. Receipts and booking records show you were in Las Vegas when you say you were.
Get Witness Contact Info Before Everyone Flies Out
Eyewitnesses can lend powerful weight to your compensation claim, should you pursue one. For that reason, you must collect the contact information of every potential witness and try to obtain statements before they have a chance to leave the city.
Since Las Vegas is such a tourist-centric place, there’s a good chance that witnesses to your injury aren’t locals. So, you may have very little time to request their contact information before they leave. Once they do, you may be unable to track them down to get their testimony about the details of your injury incident.
In general, you should ask witnesses for their full name, phone number, and email address. If they’re willing, ask them to write down what they saw when your injury occurred. The less time that passes between your injury and an eyewitness account, the more reliable and accurate you can expect it to be.
Don’t Accept Comps or Sign Anything Yet
Avoid accepting quick compensation offers or signing documents before you know the full extent of your injuries. Doing so can waive your right to seek compensation later if your injuries turn out to be worse than they first seemed.
If your injury happened at a hotel, casino, or other business, staff may offer free nights, meals, refunds, or other goodwill gestures. Understand the exact terms before accepting anything. A Las Vegas hotel injury lawyer can review any offer before you agree to it.
If anyone asks you to sign a statement or waiver, or to give a recorded statement, decline. A minor-seeming injury can worsen over time, and early statements may be used to question its severity.
Car, Rideshare, and Rental Accidents as a Visitor
A car accident while visiting Las Vegas can get complicated fast. Multiple insurers and rental agreements may be involved, so collect every driver’s complete information at the scene.
Injuries in rental cars may involve your personal auto policy, optional rental car coverage, and credit card benefits. Keep copies of rental agreements and receipts, along with accident reports and any correspondence with insurers.
Rideshare crashes add another layer. If you were hurt in an Uber or Lyft, or struck by one, the coverage that applies depends on what the driver was doing at the time. Nevada sets the minimums under NRS 690B.470. When a driver is logged into the app but hasn’t accepted a ride, coverage must be at least $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage. Once a ride is accepted or a passenger is on board, coverage rises to $1.5 million per accident.
As with any traffic collision, gather as much as you can before leaving the scene. Record drivers’ names and insurers, photograph vehicle damage, and get what you need to request the police report.
Do You Need a Nevada Lawyer If You Live in Another State?
After an accident, you may find yourself wondering: Do I need a Nevada lawyer if I live in another state? If your injury occurred in Nevada, yes, you’ll need a Nevada lawyer to handle your claim.
Fortunately, you can still return home and work with your local Nevada lawyer remotely on your claim. Most parts of the process, like document exchanges, insurance communications, and case updates, don’t require your presence.
Local firms like Pacific West Injury Law know how to assist any tourist injured in Las Vegas, regardless of where they reside. After you’ve gathered as much documentation and evidence as you can, you can turn the rest over to them and return home.
Nevada Deadlines and Fault Rules That Apply to Visitors
Nevada law applies to injuries that occur within the state, no matter where you’re from. For that reason, you should understand Nevada’s filing deadline and comparative negligence law.
Statute NRS 11.190(4)(e) is the Nevada personal injury statute of limitations, and it states that you must file personal injury lawsuits within two years of your injury. Nevada statute NRS 41.141 states that your compensation can be reduced by your percentage of fault if you contributed to the accident. And if you’re more than 50% at fault, you may not seek compensation.
Before-You-Fly Checklist
Since you need to compile as much documentation and evidence before you return home, it’s easy to forget some things. Here’s a handy checklist you can use to prevent that.
- Get medical treatment and copies of records
- Request a copy of the hotel or casino incident report
- Obtain police report information, if applicable
- Photograph the scene, hazard, and injuries
- Send a written CCTV preservation request
- Collect witness names, phone numbers, and email addresses
- Save hotel, rideshare, and travel receipts
- Keep copies of all insurance and claim-related communications
- Organize everything in a digital folder before you leave Nevada
Frequently Asked Questions
Can I sue a Las Vegas hotel for injury?
If the hotel’s negligence contributed to your injury, you can sue for compensation with the help of a hotel injury lawyer in Las Vegas.
Can I sue a casino for a slip and fall accident?
If your slip and fall resulted from a hazard the casino knew about or should have known about, a casino injury lawyer can help you sue for compensation.
Will my home-state auto insurance cover a Las Vegas accident?
Most U.S. auto policies extend coverage to driving in other states, but limits and terms vary. Rental coverage, credit card benefits, or a rideshare company’s policy may also apply, depending on how the accident happened and who was at fault.
How long do I have to file a personal injury claim in Nevada?
Under Nevada law, you generally have two years from the date of your injury to file a personal injury claim.