Personal Injury FAQs

How do I know if I have a personal injury claim?

Even though you may have fallen victim to an accident, it doesn’t automatically mean you have a personal injury case.
If you or a loved one have been injured due to someone else’s negligence, you may be wondering whether or not you have a personal injury claim. If you wish to seek financial compensation for an injury, you must be able to prove three important things:

1(a). The party who is responsible for the accident acted carelessly (they were negligent). For example, if the driver of a car hit a motorcyclist because they failed to yield at a flashing yellow light, the driver of the car would be held responsible. However, if the motorcyclist ran a red light and collided with the driver of the car, the motorcyclist would not have a valid personal injury claim. The driver of the car would.

1(b). A person or entity’s negligence caused your injury. In example 1(a), if the innocent victim endured a bone fracture and recurrent migraines as a direct result of the collision, the negligent party would be held liable for those injuries. Conversely, if you have a history of migraine headaches and/or a pre-existing bone break, it would be harder to prove that the negligent party was responsible for those injuries.

1(c). The injury caused monetary damages. In example 1(a), if the injury victim’s broken bone(s) and migraines directly contributed to medical bills, lost wages, and/or pain and suffering, the injury victim would be entitled to compensatory damages.

How long does the injury claims process take?

Every injury claim is unique and there are various factors that will dictate the duration of your claim. Some of these factors include the severity of your injuries, the duration of your treatment, whether or not liability is disputed, and so on. We have seen some cases settle within a matter of months, while others can take years.

What does it cost to hire a personal injury lawyer?

At The Injury Firm, our lawyers work on a contingency-fee-basis. What that means is we do not accept an up-front fee. Instead, we collect our payment from the final settlement amount. If we don’t win, you don’t pay. It is as simple as that.

What is my personal injury claim worth?

An accurate evaluation of what your case is worth requires an in-depth evaluation of a lot of information. That said, given my extensive experience as a Las Vegas personal injury lawyer, I can perform an accurate valuation of a case pretty quickly. All we’ll need is the following information:
1. When did the accident occur?
2. Was the accident your fault, and did you receive any citations?
3. Where did the accident occur?
4. What injuries were sustained?
5. Are any of your injuries pre-existing?
6. Have you received medical care? If so, how often?
7. What are your current and projected medical bills?
8. Have you experienced a decrease in income due to the injury?
9. Can you continue to work?
10. What restrictions on your everyday activities have you experienced?
11. How has your life changed?
12. Have your spouse/children suffered?
Even with that information, there are a few other categories I’d need to thoroughly evaluate prior to providing value. Contact me at any time, day or night, for a free consultation.

What damages can I recover after an accident?

Injury claims include economic and non-economic damages. Economic damages include tangible losses, including lost wages, medical bills, and property damage. Non-economic damages cover intangible losses. Some of the most common non-economic damages include pain and suffering and loss of consortium. In some extreme cases, you may also be awarded punitive damages.

What happens if an insurance company denies your claim?

If you were injured due to the negligence of another person or entity, the insurance companies are required under Nevada Law to provide financial compensation for the resulting damages. Most insurance companies will try to pay as little as possible. In some cases, they may dispute liability altogether. If this happens, you should retain an experienced attorney to take over all negotiations. Typically speaking, as soon as you retain an attorney, the insurance companies will take your case more seriously. If they still refuse compensation once you are represented, it is likely that your claim will escalate to trial.

Can I file a personal injury claim if I wasn’t physically injured?

The State of Nevada recognizes both economic and non-economic damages as grounds for financial compensation following an accident injury. Some accidents may leave some physically injured, while others leave victims with emotional pain and suffering.

What happens when an uninsured driver hits you?

Your uninsured motorist coverage will protect you against damage to your vehicle as well as the injuries you have suffered as a result of being hit by an uninsured motorist.

What is UM/UIM coverage?

UM/UIM stands for Uninsured Motorist/Underinsured Motorist. UM/UIM is a type of insurance coverage which protects the owner of a vehicle in the event they are hit by a driver with inadequate insurance coverage.

What if I was partially at fault for an accident?

In an accident where a negligent party is totally at fault for a victim’s damages and injuries, the victim reserves the right to file a claim against the negligent party (or their insurance company), alongside the right to seek recovery for 100 percent of their damages. This is because the state of Nevada abides by an at-fault system of recovery.

However, in the event that a victim in an accident is partially at fault for the accident, the right to recover 100 percent of their damages no longer applies. Instead, the rule of comparative negligence comes into effect.

With the comparative negligence rule, your final settlement award will be deducted by the percentage of fault you are responsible for. As long as you are less than 50 percent at fault, you can still recover financially.

Will my auto insurance premium increase if I was not at fault for an accident?

Typically, a no-fault accident will not cause your insurance rates to increase because a personal injury claim is paid out by the negligent driver’s insurance company.

What if my medical bills are more than my settlement?

If you are in the final stages of your personal injury claim and your medical bills exceed the final settlement amount, your attorney will work with your medical providers and the insurance company to reduce as many out-of-pocket expenses as possible.

Can I recover more than the insurance policy limits?

If your damages are greater than the defendant’s insurance policy limits, you may be entitled to a judgment for more than the policy limits. You could potentially recover the remaining judgment by garnishing the defendant’s wages or placing a lien on their personal assets.

What is GAP insurance?

GAP insurance is an auto insurance coverage option that helps you pay off the remaining balance of your car loan in the event you are in an accident, your car is totaled, and you owe more than the current market value of your vehicle.

What is MedPay coverage?

MedPay coverage (medical payments coverage) is part of an auto insurance policy. It may help pay your medical expenses, regardless of who is at fault for an accident.

Car Accident FAQs

Is it worth getting an attorney for a car accident?

If you have been injured in a car accident, you should absolutely contact a car accident attorney. By doing so, you will receive the best advice possible on how to best move forward with your claim. In most cases, you will need an attorney in order to obtain the maximum compensation available from the insurance companies.

Is it worth getting a lawyer for a minor car accident?

Even if you have been injured in a minor car accident, you should still consult with a personal injury attorney before entertaining any type of settlement offer. They will help ensure you do not have to come out of pocket for any medical or property damage bills related to the accident.

When should you get an attorney for a car accident?

It is in your best interest to call an accident lawyer any time there is an injury involved. You should do this the day of, or a few days following your accident to ensure you are adequately informed and your case is protected.

What is a reasonable settlement for a car accident?

The minimum auto insurance coverage in the State of Nevada is $25,000 for bodily injury or death of any one person in any one accident; $50,000 for bodily injury or death of two or more persons in any one accident. Therefore, if your injuries are substantial enough to constitute the full amount of the policy, you can expect a settlement of around $25,000 less any attorney’s fees. However, in some extreme cases, we have seen settlements upwards of $1million dollars. It is all contingent upon your injuries and the policy limits at play.

How do I maximize my car accident settlement?

1. Preserve evidence. This includes witness statements, photographs, video of the accident scene, and your own personal records.
2. Get medical treatment. There is no way to understand the full extent of your injuries until you are evaluated by a medical professional. If you are placed on a treatment plan, follow it until otherwise instructed by your doctor.
3. Be patient. Injury claims take time. It is not at all uncommon for a case to take a year or longer to settle. However, as good things come with time, the longer you wait to settle, the more likely your settlement amount will be higher.
4. Think about your damages. Lost wages, loss of consortium, medical bills, and pain and suffering all play into your final settlement amount. Be sure to discuss these avenues with your attorney.
5. Stay off of social media. Insurance companies LOVE investigating injury victims on social media. If you claim you are unable to work, are in immense pain, and have experienced a loss of quality of life, don’t post pictures on social media that illustrate otherwise.

Will my auto insurance go up if someone hits me?

Generally, car accidents that are not your fault will not cause your insurance rates to increase as your injury claim will be filed through the negligent driver’s insurance company.

What should you not say to an insurance company after a car accident?

1. Do not make a statement after the accident.
2. Do not agree to a recorded statement.
3. Do not authorize release of your medical records to an insurance company.
4. Do not accept a settlement without first consulting an attorney.
5. Do not imply that you are not injured. You have no way of knowing this until you have been evaluated by a doctor.
6. Do not admit fault.