How long do I have to file an auto accident claim?
The most common types of auto accidents in Las Vegas, Nevada?
What should I do after a car accident?
Auto accident was caused by a manufacturing defect
Nevada’s comparative fault standard
Recoverable damages after a car accident?
What does it cost to hire a personal injury lawyer?
When should I call a personal injury lawyer after a car accident?
How to prove fault after a car accident
What auto insurance is required in the State of Nevada?
Questions to ask an auto accident attorney?
What percentage does a car accident attorney take?
How can a Las Vegas car accident attorney help me?
NEVADA STATUTE OF LIMITATIONS: CAR ACCIDENT LAWS
The most important rule to remember when filing a car crash claim is the state’s statute of limitations. The Statute of Limitations rule is to protect both the victim and defendant in an injury claim. It outlines the timeline a victim has to file a claim in order to collect financial compensation.
In Nevada, injured car crash victims have two years from the date of the crash to file a personal injury claim.
HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT FROM A CAR ACCIDENT?
Once your attorney has reached a settlement, you may be wondering how long it takes to collect.
Typically, the car accident settlement process can take up to six weeks (including processing). This time frame varies by case. In general, here is what needs to happen before you receive your car accident settlement check:
- Payout case-costs from the settlement
- Pay attorney fees
- You receive your check
NEVADA CAR CRASH STATISTICS
When driving around the I-15, I-95, 215 Beltway or even the I-11, it is not at all uncommon to hit stop-and-go traffic due to a crash at any point in the day.
A recent report by the Zero Fatalities Campaign indicates that between 2018-2019, there was an astounding 381 car crashes and 410 fatalities in Clark County, NV alone.
42 percent of all car accidents in Las Vegas are caused by drunk drivers, specifically on the I-15.
COMMON TYPES OF LAS VEGAS ACCIDENTS
While every motor vehicle accident is unique in its circumstances, there are several common causes:
Distracted Driving / Reckless Driving
Distracted driving is becoming the leading cause of automobile accident. In most cases, the driver is distracted by: using handheld devices while driving, operating the GPS while driving, talking while driving, eating and drinking while driving, tending to children while driving, texting while driving, and so on. Distracted driving while operating a vehicle is very dangerous. As a driver, you should keep your full attention on the road and on your vehicle at all times.
Hazardous Driving Conditions
Road and driving conditions can change quickly given the weather, construction, and unexpected roadway debris. This can make your vehicle an unsafe place and cause accident injuries when you least expect. Additionally, drivers who are driving through construction work and traffic jams can also cause unsafe driving conditions. Roadway accidents can cause serious accident injuries. Not only to you as a driver, but to those around you.
Drivers who have consumed alcohol or other mind-altering substances can be very dangerous on the road. Decision-making time decreases and judgment becomes impaired. Especially during major holidays, weekends, and events, DUI accidents can be a leading cause of car accident injuries in the Las Vegas valley.
Sometimes an accident occurs due to a manufacturer’s defect in the automobile. A prime example would be a previous client of mine whose parking brake went out given a manufacturing defect. These accidents are typically no fault of the driver and should be addressed immediately.
Regardless of the reason for a car accident, it’s important to know exactly what to do after an accident. Of course, there are many other reasons that an accident can occur. If you were injured in an employer vehicle, you may also be eligible for worker’s compensation.
WHAT SHOULD I DO IF I’M INJURED IN A CAR ACCIDENT IN LAS VEGAS, NV?
Injured? Don’t wait until it’s too late! Contact Attorney, Brian Boyer, the best Las Vegas accident lawyer for a FREE case review! (702) 800-0988
If you were involved in a car accident in Las Vegas, there are many steps that should be taken to preserve your rights. First and foremost, it is necessary to understand that all car wrecks or car crashes are not created equally. Some accidents involve one car, multiple cars, some involve minor property damage others involve total loss. Other accidents involve immediate and substantial injuries. Others do not result in injuries or injuries that only become apparent hours or even days later.
It is impossible to go through every scenario, but we encourage you to contact our Las Vegas car accident lawyer if you have been involved in any type of accident.
WHAT IF I WAS PARTIALLY AT FAULT?
Never, under any circumstance, suggest this to the insurance companies. Contact our car accident attorney immediately to discuss your case in a free consultation.
AUTO ACCIDENT BY MANUFACTURING DEFECT
If you believe your auto accident caused personal injury due to a manufacturing error in the automobile, you may have additional grounds for collecting compensation. It is not at all uncommon to experience injury during an accident caused by design flaws, such as the airbag system, seat-belt system, stuck acceleration pedals, brake failure, ignition, and power-steering issues.
A defective design can often cause serious injuries, and the automobile manufacturer should be held responsible for any injuries sustained from a flaw in the design. By consulting an injury lawyer, you can discover your options for recovering as a result of the manufacturer defect, and they will help you obtain the compensation you are entitled to for a successful recovery.
NEVADA’S COMPARATIVE FAULT STANDARD
Nevada law states that, when in a car accident, if more than one party contributes to the crash, the apportionment of fault may be distributed. What this means is that the court compares your negligence against the other drivers involved, and each driver is assigned a percentage of liability.
If you are found to be less than 50 percent responsible for the accident, you may still recover for your damages. If you are found to be more than 50 percent responsible for the accident, you are not entitled to any type of recoverable damages under NRS 41.1, the Nevada Comparative Negligence statute. Your final compensation will be reduced by the percentage of at-fault for the accident.
RECOVERABLE DAMAGES AFTER A CAR ACCIDENT
One of the biggest mistakes you can make following a Las Vegas car accident is not demanding compensation for all recoverable damages. There are several types of recoverable damages associated with a Las Vegas automobile accident, which fall under economic and non-economic damages.
Economic damages are those which are qualified as monetary losses associated with your out-of-pocket expenses, including medical bills, lost wages, property damage and auto repair bills, lost earning capacity.
Non-economic damages include pain and suffering, emotional distress, permanent scarring or disfigurement, loss of consortium.
As economic damages are tangible, it is typically easier to calculate economic vs. non-economic damages. Additionally, Nevada recognizes the third type of damages known as punitive damages.
To successfully calculate damages owed following an automobile accident, it is best to consult a personal injury lawyer for the most favorable outcome.
WHY YOU SHOULD CALL AN ATTORNEY RIGHT AWAY
If your car accident is minor, it is likely that you will not need a lawyer. Typical minor accidents include slow-moving accidents (say, in a parking lot) where neither party is injured and there is no vehicle damage.
In this scenario, you can simply go through the insurance companies (if there is property damage) and carry on without the help of a lawyer. However, there are other situations where you should retain a car accident lawyer. These situations include:
Any Injuries; Death; Inaccurate police report or no police report; Multiple Parties; Insurance Issues.
Continue Reading “When To Call An Attorney After A Car Accident”
PROVING FAULT AFTER A CAR ACCIDENT
Nevada is an at-fault state in relation to car accidents. What that means is that the general rules of negligence apply in any personal injury accident claim, and the driver who lacked due-care is typically held responsible for the car accident.
When attempting to prove fault, the actions of each party involved in the accident must be examined to determine who acted negligently. If one, or all parties failed to use reasonable care, they would be deemed at-fault for the crash, and fault is distributed accordingly.
WHAT AUTO INSURANCE IS REQUIRED IN NEVADA?
The State of Nevada requires drivers to maintain a minimum policy of liability car insurance coverage. Nevada law requires motorists to purchase coverage that pays injured parties in the event they are found to be at-fault for a car accident.
Nevada auto insurance minimums are:
$15,000 per person for bodily injury; $30,000 per car accident for bodily injury; $10,000 per car accident for property damage.
It’s estimated that approximately 15 percent of Nevada drivers are uninsured. Purchasing additional coverage on your own plan is the best way to ensure you are protected if you’re ever injured by an underinsured/uninsured motorist in a Las Vegas car accident.
Types of Supplemental Car Insurance
Comprehensive: Pays for the damage to your vehicle that occurs due to reasons other than an accident, such as weather conditions, roadway hazards, and vehicular theft.
Collision: This covers damage to your vehicle that is a result of a crash, regardless of the at-fault party.
Underinsured/Uninsured Motorist: This protects you in the event you are hit by an uninsured/underinsured motorist.
MedPay: This covers medical treatment for any injuries to the policyholder driver or passengers with no consideration of fault.
Personal Injury Protection (PIP): AKA “no-fault insurance” covers medical bills and lost wages to the policyholder or passengers regardless of fault.
Should I Call My Insurance Company After A Car Accident?
After you’ve been involved in a car accident in Las Vegas, NV, you’ll want to notify your insurance company as soon as possible. You may also be contacted by the other party’s insurance company.
To best protect your accident injury claim, below are some best practices to abide by when you are speaking with the insurance companies:
1). Take photos and document as much evidence from the crash as possible. 2). Understand the terms of your car insurance policy. 3). Do not lie to the insurance company. 4). Obtain a copy of the accident report. 5). Do not admit fault. 6). Hire a car accident lawyer.
Above all else, the best thing you can do to protect your claim and get the best settlement possible is by hiring a Las Vegas car accident attorney.
WHAT SHOULD I ASK AN AUTO ACCIDENT ATTORNEY?
How experienced are you in handling cases like mine? Your attorney should have ample experience in handling cases similar to yours. Be sure to ask for past settlement amounts and client success stories.
What is your fee? The standard contingency fee for a Las Vegas auto accident lawyer is 33.33%, with no upfront fee.
How long until I receive a settlement? Although there is no crystal ball that can give you a precise answer, your attorney should be able to provide you with an estimated timeline.
Will you be handling my case personally? Most law firms are staffed with an abundance of personal injury lawyers. It is not at all uncommon to consult with one attorney, and have your case passed on to the next.
At the Injury Firm, who you speak with is who you get. Your case will be handled with the urgency and care it deserves!
WHAT DOES IT COST TO HIRE A PERSONAL INJURY LAWYER?
Most personal injury attorneys work on contingency, meaning they do not collect an upfront fee; rather, they retain a percentage of the settlement award. In the State of Nevada, there isn’t a “standard” percentage when it comes to personal injury cases, but it is normal for an attorney to collect around 33 percent of any settlement awarded, in addition to any reasonable case costs.
HOW CAN A LAS VEGAS CAR ACCIDENT ATTORNEY HELP?
An experienced Las Vegas automobile accident lawyer can help you in a number of ways. From insurance negotiations to receiving adequate medical care, our main concern is securing your maximum settlement offer in as little time as possible.
The Injury Firm has representatives available to speak with you 24/7 to answer any questions you may have. If you are ever questioning whether or not you have a personal injury claim following a car wreck, the best thing you can do is consult with an experienced car accident attorney at a free consultation.
Although we advise that you consult with a personal injury lawyer before speaking with the insurance company, if you’ve already spoken to the insurance companies, you can send any pre-settlement paperwork to your personal injury attorney to ensure you are receiving the best automobile accident settlement offer possible.
Contact The Injury Firm
If you find yourself in pain and are suffering due to a negligent driver, contact our car accident lawyers at the Injury Firm Las Vegas BEFORE you speak with the insurance companies regarding your property damage. They will attempt to trick you into making statements that they can later use against you later in an attempt to deny or dismiss your claim.
Car accident survivors who have experienced serious physical and financial losses will need the legal advice of a skilled lawyer for a successful and profitable recovery process.