Typical Client Questions
Learn about how Vegas Valley Law can represent your personal injury case in our helpful Frequently Asked Questions. Our firm has years of experience fighting on behalf of our clients to receive the just and fair settlement they deserve after sustaining injuries because of another’s negligence. Contact us right away if you or a loved one need legal representation to put a stop to the insurance companies dragging out your personal injury claim.
Why Do I Need to Hire a Vegas Personal Injury Attorney?
Because Nevada personal injury law is complex and has strict filing deadlines, hiring an experienced Las Vegas attorney to represent you can help streamline the process. Knowledgeable counsel can also ensure you avoid common pitfalls in negotiation and litigation, as well as take the burden of gathering evidence off of your shoulders. You need to focus on your recovery, and the personal injury attorneys of Vegas Valley Law can handle the more complicated aspects of your injury claim.
How Long Will It Take to Settle or Litigate My Case?
It is almost impossible to answer this question since the circumstances surrounding personal injury cases in Las Vegas are unique to the victim. Regardless of how long it could take to resolve your suit, our team will be by your side every step of the way through the process.
How Much is My Las Vegas Personal Injury Claim Worth?
Just like estimating how long it takes your case to get settled, it is hard to give an actual value of your claim because of the many factors that impact this number, including:
- Death of a passenger
- Severity of injuries
- Number of parties that contributed to your injury
- Delayed onset of your injuries
- Impact on your finances, employment, and family
These are just a few of the many circumstances that play a role in determining the compensation due to you under Nevada personal injury law.
If I Hire Vegas Valley Law, How Will You Charge Me for Your Services?
At Vegas Valley Law, we strive to make our services affordable and accessible to clients from any financial background. We make this possible by offering contingency-based financing for our personal injury legal services. This means we don’t receive any payment unless you get compensated.
Usually, you will agree that we receive a percentage of your total recovery once settled, or a jury awards you compensation. Our contingency-based fee system is ideal for many of our clients suffering from the costs of seeking medical treatment and missing work after getting hurt.
Is There a Difference Between Settling and Litigating a Personal Injury Case?
Settling a case means you, the injured party, and the insurer, and other parties liable for causing you harm, have agreed without a court ordering it. These agreements often involve a lump sum payment on an agreed-upon amount of money that should cover your economic and non-economic damages.
When cases have to go to trial, this is litigating. Attorneys from both sides will go before a jury in court and present evidence of the circumstances surrounding your personal injury case. It is then up to the jury to decide on liability and potential damages owed.
What are the Differences Between Compensatory and Punitive Damages?
The compensatory damages awarded to plaintiffs are to give justice after being wronged and
make them whole again. It is important to note there are two forms of compensatory damages:
- Economic damages address losses relating to money-related matters like medical bills, lost wages, and so on.
- Non-economic damages are compensatory losses that involve losses requiring a monetary valuation to be made based on evidence. Pain and suffering and mental anguish fall under this sub-category.
The second type of damages Nevada personal injury law may award you are punitive damages. This damage category may get included if the liable party committed negligence so egregious it broke the law or was extraordinarily reckless.
Is There a Deadline to Visit a Doctor After Suffering a Personal Injury in Nevada?
If you wish to pursue a personal injury claim in Las Vegas, state law sets a time limit for how long you have to file a case against the liable party(ies). Usually, injured individuals have two years from the day they got hurt to start the process of seeking compensation. This deadline is known as a statute of limitation, and failing to file before it ends could jeopardize your opportunity to be compensated for your injuries.
Can I Recover Lost Wage Compensation?
Yes, compensatory damages can include wage compensation. After experiencing a car accident, you may find yourself having more than just a banged-up vehicle afterward. Suffering injuries that can temporarily or permanently disable you is not uncommon. You might not be able to return to work for an extended period or need to perform your tasks under work restrictions or modified duty.
Should I Go to the Hospital Following a Car Accident?
If you are in Las Vegas and get involved in an auto accident, you should be seen right away for any injuries, even if you can walk away after the crash. Just because you do not need an ambulance or have any visible signs of injury does not mean you are alright. Car wrecks are traumatic to the human body, and symptoms could take a few days to show up (delayed onset). Failing to get evaluated after an accident can breed a false sense of confidence in your well- being. Traumatic brain injuries (TBIs), for example, can have serious complications if not monitored and leave you with a more costly medical situation as a result. Worse, not going to the hospital or doctor after a collision could make it harder for you to make a personal injury claim later because insurers will try to claim your injuries are not accident-related.
How Do I Go About Filing an Auto Insurance Claim?
If you or a loved one were in a car accident in or around the Las Vegas, Nevada area, filing a claim is critical. You should take the below steps as soon as possible after an accident:
- Get as much information as possible about the other driver, including their driver’s license information, insurance details, type of vehicle they have, and as much contact information as possible.
- Reach out to your insurance company and let them know you were in a crash. Be careful in what you say, as any information shared could be used against you later.
- Make sure you follow up with the insurer handling your claim. If they are unresponsive, you may be in for a fight.
- Contact the Vegas Valley Law Firm for a free consultation. Our specially trained personal injury attorneys are here to help, so contact us today and set up a free consultation to discuss your case.
Is Nevada a No-Fault or At-Fault State?
In the U.S., every state has its own approach to determining fault in car accidents and fall under one of two categories:
This liability system has drivers go to their own insurers for compensation after suffering an accident and not that of the party who caused it. When the limits of coverage get reached, it is possible to pursue a personal injury claim for the coverage gap.
Nevada law uses an at-fault system when dealing with car accident injury claims. If you get into a car accident anywhere in this state, you will have to go after the at-fault party who caused the accident. This approach to injury law also requires that you, the not-at-fault driver or passenger, provide evidence of the other driver’s negligence that led to the accident and caused you harm. Complicating this process further is that state law takes a contributory approach when determining liability. This means if you have any degree of fault in causing the accident, your damage claim can get reduced. Worse, if you are more at fault than the other driver, you may not be able to recover any compensation whatsoever.
How Is Fault Determined in a Las Vegas Car Accident?
Nevada uses an at-fault liability system. Car accident victims have to provide evidence demonstrating the careless or reckless actions of another caused the collision. Breaking state law is not necessary, so long as their actions prove they did not use a reasonable degree of care.
To ensure you have a solid case that will get you a fair and just compensation award or settlement, you will need to collect police reports, cell phone pictures of the damaged vehicles and injuries you suffered, and more. This process can require a significant amount of time, resources, and legal knowledge. This process makes the attorneys of Vegas Valley Law and their extensive experience in personal injury claims and car accidents invaluable to your case.
What is MedPay, and How Does It Work?
While not mandatory in Nevada, MedPay (medical payments) coverage is a smart addition to any car insurance policy. These benefits do not care who is to blame for the accident and allow you and any injured passengers in your vehicle access to its medical expenses benefit. Premiums for these policies are relatively inexpensive and can be purchased for limits starting at $1,000 and up.
What Happens If My Health Insurance Pays for Part of My Medical Bills from the Accident?
There are occasions where your personal health care policy may pay for part of your accident- related medical care. This situation could occur if you had to go to the hospital from the accident scene and registration used your health insurance information on file. Nevada state law allows your healthcare insurance company to subrogate claims to pursue the other driver’s insurance company or your settlement for money spend on your care.
What Is GAP Insurance?
As a Nevada driver, you may have gotten asked if you want GAP (Guaranteed Auto Protection) coverage by your auto insurer. If you opted to add this coverage to your policy, this means you have additional insurance to cover any gaps in your compensation limits.
Considering that vehicles begin to depreciate rapidly from the moment they roll off the lot, this is crucial coverage to have if you drive a financed vehicle that got totaled in an accident. In cases where an insurer is only willing to pay you the depreciated value of your car, but your remaining loan balance is more, GAP coverage can take care of the difference.
Can My Personal Injury Claim Exceed the At-Fault Driver’s Policy
There are circumstances where your claim may exceed the limit of the liable party’s car insurance limits. This is frequently because they carry additional coverages on their policy should this occur. Figuring out if this is the case often requires an aggressive Las Vegas injury attorney that will force the insurer to use the extra policy benefits and not try to lowball your compensation claim to save money.
In situations where an at-fault driver does not have an extra insurance rider to cover gaps caused by the difference in your damages and their policy limits, you could sue the driver directly instead. If successful, you will get a judgment for some or all of the difference depending on court findings.
What If I Don’t Have a Police Report from my Las Vegas Car Accident?
Documentation when filing a personal injury claim stemming from a car accident is critical to successfully getting compensation for your damages. Police reports are one of the best sources of information regarding motor vehicle collisions but are not mandatory when making a claim.
The issue with not having a police report is this scenario hurts the validity of your compensation demand into question. Insurers rely on these reports to verify where, when, how, and who was at fault. This documentation may also provide any mentions of a need for medical treatment needed on the scene.
This situation is why you should always file a report with the police as soon as possible if involved in a motor vehicle crash in Las Vegas.
The Other Driver Is Claiming I Am Partially at Fault. What Should I Do?
Since Nevada law uses an at-fault insurance system that incorporates contributory negligence, it isn’t uncommon for the liable driver and their insurer to blame you and save money. Whether you hold fault or not, the first step you should take when an insurer or negligent driver tries to blame you for the accident is to hire an aggressive car accident attorney. Their extensive knowledge of state personal injury law will help you build a solid case disproving any false allegations of fault against you.
What if the At-Fault Driver Didn’t Own The Vehicle They Causedthe Accident With? Is the Owner or Driver Liable?
This is a complex situation in Nevada because the answer depends on the type of permissionthe at-fault driver had to for the vehicle they were driving. State law recognizes two forms of consent, which usually extend liability to the car owner and their insurance policy.
This is when you give explicit permission to another person to drive your vehicle.
If you have a friend or relative who regularly uses your vehicle, meaning it’s understood they borrow it without you needing to give consent, this is implied permission.
Stolen Vehicle Situations
Most vehicle owners are not liable for damages caused by someone who stole their vehicle. They also cannot claim theft simply to avoid liability. If the at-fault driver took the car without permission but has a history of regularly using it, it is not a stolen vehicle situation.
If the car is a stolen vehicle, the owner won’t be liable, though if the driver has some coverage, that policy may cover your damages. If they are not insured, you will likely have to go through your own policy or sue them personally.
Liable insurers will often try to deny personal injury claims if the other driver was excluded from the policy, despite the law saying otherwise. Further, if the car owner doesn’t have coverage on the vehicle, they are still liable for injuries caused to you by immediate family members that live in their home and use the car.
Who Is At-fault in a Pedestrian Car Accident?
As an at-fault state, Nevada law considers the fault of both driver and pedestrian in these cases. So, do not assume that the driver is always liable for these accidents. If a vehicle struck you while walking along the roadside, an insurer might argue you acted negligently and were at-fault for not being on designated sidewalks or paths.
These circumstances do not automatically negate the driver's actions, and a skillful pedestrian traffic attorney with demonstrated experience can explain why this is the case. Keeping your degree of fault below 50% means you can still recover compensation for the injuries you sustained. If a driver could clearly see you on the side of the road, your lawyer can point out to the court why it was negligent that they didn’t slow down or wait for you to get back on the sidewalk as other drivers would do.
Should I Accept the First Settlement Offer I Receive?
After a car accident, you are in pain, have likely missed work, and have your everyday financial bills and new medical costs piling up. Getting a settlement offer from the insurance company handling your claim may seem like the best news you’ve had since getting hurt, but accepting it may be the worst decision you make.
When you accept a settlement, you agree not to hold the insurer liable for any further issues arising from the accident. This agreement includes forfeiting benefits for later complications of your injuries. Rarely do first-round offers consider your long-term well-being or even the total cost of damages just from the initial accident.
Insurers count on your being overwhelmed by financial and medical pressure to take whatever they throw your way, and this manipulative strategy frequently works in their favor. Before seriously considering any personal injury compensation settlement with an insurer, consult with one of our knowledgeable car accident attorneys first.
Can My Auto Insurance Raise My Premiums if an Accident Wasn’t My Fault?
While some states allow insurers to hike the rates of drivers involved in no-fault accidents, Nevada law prohibits this. Specifically, insurance carriers cannot cancel or increase renewed policy premiums because of no-fault claims made against them.
Additionally, the state administrative code goes into further detail about this restriction, making it clear that in circumstances where you are 50% liable or less for an accident, carriers cannot charge you a higher rate either. If you discover that your insurer has or is trying to raise the cost of your insurance premiums illegally, this could mean you have a case for “insurance bad faith.”
What Does “Insurance Bad Faith” Mean?
When you hear the term “insurance bad faith,” this has to do with a car insurance carrier not following through on its obligations to process your claim legally or fairly. Bad faith tactics get carried out against accident victims in many ways, including:
- Not being thorough in their claim investigation process
- Failing to disclose the full coverages in your policy when selling it to you
- Purposely delaying payment on a claim
- Denial of benefits without good cause
- Fails to reimburse you for your entire loss
- Uses unfair interpretation of contract language
- Won’t defend you appropriately against at-fault claims
- Purposely delays in responding to your inquiries about your claim
- Engages in unfair practices when selling you an insurance policy
If you can prove that the insurer handling your claim is acting unfairly or unreasonably, you could receive compensatory damages, including punitive damages in some cases.
Have Additional Questions About Your Las Vegas Personal Injury Claim Not Found Here?
Personal injury claims have unique circumstances that an FAQ page can’t always answer. If you or a loved one need further information or answers regarding an accident claim in the Las Vegas area, contact Vegas Valley Law today for a free consultation to learn more about our services and your rights.
We offer free consultations. We will get back to you within 24 hours.