Name: Brian Boyer Injury & Car Accident Lawyer Las Vegas
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If you or a loved one have been hurt in an accident in Las Vegas due to the negligence of another, you have the right to file a personal injury claim in order to collect compensation. So, if you’ve been injured and you have found yourself asking, “can I sue for a car accident in Las Vegas?” sit tight because this article is for you.

can i sue for a car accident in las vegas nevada

Establishing fault in Nevada

In the State of Nevada, discovering who is at fault is critical in establishing a valid claim for compensation. Here are a few important ways of doing it:

Obtain police reports. When a responding police officer creates a report at the scene of your accident, they will notate who they believe was at fault, they will include any verbal testimony and they will provide their input as to which traffic laws were broken and by whom. This is the first piece of evidence we will collect. (Note: even if the responding officer cited you as at-fault, we can always argue this on your behalf.)
Collect all other evidence. Evidence from a car accident can include photos, video, witness statements and any other pertinent information that may strengthen your claim. Certain supporting information could include dash cam evidence, traffic cameras, accident reconstruction, toxicology reports (if applicable) and so forth.

Nevada’s Modified Comparative Negligence Rule

In the State of Nevada, our laws adhere to a modified comparative negligence rule which essentially means that more than one person can be held liable in an accident. Some important things to remember about this rule are:

You can share fault. Not every accident leaves one person 100% guilty and the other without fault. Let’s say for example Joe is driving in the far-left lane down Charleston Blvd. and is signaling to move over to the middle lane. At the same time, Tom is travelling in the far-right lane and is signaling to move into the middle lane. Both drivers are distracted and end up colliding with each other. In this scenario, both drivers would be issued a portion of fault and their final settlement amount would be reduced to reflect their responsibility for the crash.
Your compensation is reduced. In the example from above, if Joe was 20 percent responsible and Tom was found to be 80 percent responsible, on a $20,000 settlement offer, Tom would only receive $16,000 after his reduction.
If you’re 50/50, no dice. If both drivers are found to be equally at fault, (50/50 liability), no one is entitled under Nevada law to collect compensation in a personal injury claim.

If you are questioning liability in your case, it is imperative that you consult with an experienced personal injury law firm to ensure fault is distributed fairly.

So, when can you sue for a car accident in Las Vegas?

Although it is safe to assume that anytime you are hit by a negligent driver you can file a lawsuit, below are a few scenarios that you absolutely will want to speak with an injury lawyer to see if you can recover compensation:

Catastrophic injuries: If you or your loved one have sustained injuries that are life-altering or catastrophic and you are fearful that your damages may exceed the policy limits.
Commercial vehicle accidents: Accidents caused by a commercial vehicle or work truck (company vehicle) can be tricky for liability reasons. This also applies to rideshare vehicles.
Hit and run accidents: It is illegal to leave the scene of an accident in Nevada. If you have fallen victim to a hit and run accident, you are entitled to pursue legal action once the perpetrator has been found.
Drunk driver accidents: If you have been hit and injured by an intoxicated or drunk individual, you are not only allowed to file an injury claim, you may also file to collect punitive damages.
Intentional negligence: If your accident was caused by a person who was intending on inflicting bodily harm, you should contact a law firm immediately.

Common damages in an injury claim

If you are suing for a car accident, you may be entitled to collect under the following classifications of damages:

Economic damages. Economic damages are physical damages that can be quantified. These damages include medical expenses, physical rehabilitative costs and lost wages to name a few.
Non-economic damages. These are expenses that cannot be quantified, such as pain and suffering, PTSD, anxiety, and loss of consortium.
Punitive damages. In cases where the negligent party exhibited such gross misconduct and reckless behavior, these damages are meant to punish the at-fault party to the fullest extent. For example, drunk drivers are often subject to punitive damages.

Nevada Statute of Limitations

If you’ve been hurt in the State of Nevada, it is imperative that you begin your claim as soon as possible. The State employs a two-year statute for most personal injury cases, although there are exceptions to this rule.

If you fail to file within the permitted limitations period, you will not be able to collect compensation for your damages. Therefore, you should consult with an attorney immediately following an injury to ensure your rights are protected and preserved.

Steps to take after an accident

Dealing with the headache of a car accident may be daunting, but it is important to take the right steps to ensure a favorable outcome of your potential claim.

Get medical treatment. Focus on your health by seeking medical attention, even if you don’t feel injured. Report the accident to the police and collect as much evidence as you can, including photographs, witness details, and other relevant information.

Contact an attorney. Before talking to insurance companies or accepting any settlements, speak with an attorney. They can advise you on the best course of action and help you avoid inadvertently damaging your claim.

Other Car Accident Lawsuit FAQs

Question. What if I was hit by an uninsured or underinsured driver?
1. Answer. If you were hit by an underinsured or uninsured driver, you still have options for recovering. You may be able to sue the negligent driver personally or you can opt to file a UM/UIM claim with your own insurance company.
Question. How long will my injury claim take?
1. Answer. Unfortunately there is no magic ball that can give us an exact answer. Some cases settle within a matter of months while others can take years. However, if you follow your attorneys directions and maintain a clear and consistent record of your prescribed medical treatment, your case should progress smoothly.
Question. What percentage of the settlement do you take?
1. At Brian Boyer Injury Lawyer, we only collect a fee if we win. Most injury lawyers work on this type of contingency-fee basis. At our law firm, our fees are industry standard. They range from 33.33% to 40% depending on whether or not your case advances to trial. That said, we never make more than our clients.
Question. Can I hire you even if the accident was years ago?
1. Unfortunately, unless the accident occurred within the past two years, you are ineligible to collect compensation under Nevada Law unless special circumstances apply (i.e. a minor-involved accident.) Contact our law firm for more information about whether or not you are eligible to collect.
Question. Can I sue even if it was a minor accident?
1. As long as you were not at fault for the accident and you sustained injuries as a direct result of the accident, yes, under Nevada Law, you are entitled to pursue damages in the form of a personal injury claim.
Question. Can I collect compensation for pain and suffering?
1. Under Nevada Law, pain and suffering is a subcategory of non-economic damages and are eligible to be collected on in a personal injury claim.

If you have been injured in Las Vegas, Nevada due to the negligence of another person or entity, you have the right to sue for your damages; however, it is important that you see the help of a qualified attorney to represent you in the process to ensure your case is structured correctly and filed in a timely manner.

For more information about filing your injury claim, contact our attorney, Brian Boyer, for a free case review at 702-514-1414.

Why you should hire Brian Boyer Injury Lawyer

Hiring an attorney following a car accident doesn’t just protect you in the even that you decide to file a personal injury claim; it protects and preserves your rights in the event the other driver tries placing blame on you. By working with our law firm, you can rest assured knowing your case is in the most competent hands possible. By working with Brian Boyer Injury Lawyer, you can count on the fact that we will:

Handle all insurance negotiations. Insurance adjusters can be ruthless, conniving, and downright rude. Our attorney understands how they operate and won’t back down from their off-putting scare tactics.
Build a case that will win. Unlike most lawyers in Las Vegas, our attorney builds a personal relationship with all of his clients and has a vested interest in them. Therefore, he will work tirelessly to ensure your claim is structured in the most favorable way possible. No shortcuts, no funny business. We’re in it to win you the most compensation possible.

Call us for a free consultation

If you’ve been hurt in a wreck, call Brian Boyer Injury Lawyer today for a free, no-risk case review with our dedicated Las Vegas car accident lawyer. He will help you every step of the way and provide you with the representation and compensation that you deserve.

Brian Boyer Injury Lawyer is here to help navigate the complexities of an injury claim in Las Vegas, Nevada, and his team is committed to ensuring you receive the best service and results possible. Call us at anytime at 702-514-1414 or fill out our contact form to receive a call back.

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Can I Sue For A Car Accident in Las Vegas?