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NEVADA CAR ACCIDENT FAQS

Q: Q: How do I know if I have a case?

A: Every case is different and will depend on the facts involved. Nevada law requires a victim to be no more than 51% at fault for an accident to recover damages. The testimony of all witnesses will be used to prove fault in any given caseQ: How do I know if I have a case?, and a citation does not necessarily reflect fault. The best way to know if you have a case is to contact a Nevada car accident attorney for a free consultation.

Q: What do I do about my damaged vehicle?

A: When your vehicle has been damaged, an insurance adjuster will come to estimate these damages. Do not fix the vehicle or authorize a body shop to handle repairs until after this evaluation. Depending on where the vehicle is located, the insurance adjuster may need your permission to evaluate the damages. Call a car accident attorney in Nevada if you have more questions.

Q: How do I get a rental car?

A: Whenever someone has incurred damages to their vehicle, they should always receive a rental car from the day of the accident until the time that the vehicle is determined to be totaled or has been effectively repaired and is drivable again.

Q: What about my medical bills?

A: Every patient is different and every injury is different. The patient is responsible for his or her treatment, though it is possible to recover these expenses from the at-fault driver. The most common ways to cover immediate medical expenses include health insurance, automobile medical payments coverage insurance, and medical liens.

Q: Are my insurance rates going to increase?

A: It is illegal for insurance companies to raise your insurance rates for an accident that is not your fault in Nevada. You do have to report any accidents, regardless of who is at fault, to comply with the agreement that you’ve made with your insurance company. If you do not do this, the company may deny your coverage.

Q: How can I receive medical care after an accident if I don’t have health insurance?

A: Certain doctors and hospitals will treat the victim of a car accident on a credit (lien) basis. It all depends on the medical care provider and the liability issues of your case. Call a Nevada automobile accident attorney to get a list of these doctors and hospitals.

Q: Is it true that if I bill my health insurance for my medical treatment, they will not cover the expense because my injuries were related to an accident?

A: This is not true. Your health insurance company may be able to recover damages from the at-fault driver (the right of subrogation), but you can still bill your health insurance for your treatment and receive the benefit of the contracted discount price. Any medical care provider must bill your health insurance if you tell them to do so.

Q: What is the statute of limitations on my claim?

A: Different cases have different statutes of limitations, or time limits for when you can file a lawsuit in any given case. Regular negligence cases in Nevada have a statute of limitations of two years. Medical malpractice cases in Nevada have a statute of limitations of one year. Either of these can be extended if there are legal reasons to justify the extension. You should not rely on this information when it comes to your unique case, but contact an attorney to answer your questions.

Q: Can my attorney from another state represent me for an accident that occurred in Nevada?

A: In order to file a lawsuit, you will have to use an attorney who is licensed in the jurisdiction of the case. It can be complicated to determine jurisdiction in some cases. You can usually file a lawsuit wherever the defendant resides or where the accident occurred.

If an attorney from another jurisdiction represents you, he or she may violate rules of conduct by not being aware of the specific differences in Nevada laws as compared to their own state laws. It is possible for an out of state attorney to associate with an attorney in Nevada or to be sponsored by a local attorney (pro hac vice).

Q: Can I sue the manufacturer of my vehicle if my air bag didn’t work?

A: You may be able to file a lawsuit against the manufacturer of your vehicle if you are in an accident where the speed and velocity should have triggered the air bag, but did not. The first thing to consider is whether the air bag would have prevented an injury to the upper body if it had worked correctly. A broken foot or leg will not justify a claim regarding the air bag.

The next thing to consider is whether it would be worthwhile to sue the manufacturer of the car instead of simply seeking your medical expense recovery from the at-fault driver’s insurance company. If you cannot get enough money to cover your damages from the at-fault driver’s insurance policy, then it may be worthwhile to pursue a products liability lawsuit. The primary drawback of a lawsuit like this is the heavy expense of hiring experts to prove that there was an issue with your air bag

Q: Can I get a loan from my attorney to get by financially when I’m injured?

A: Attorneys are not allowed to loan money to clients or to offer referral fees. Your attorney can pay for the expenses that are associated with the case and litigation, but nothing more. The Supreme Court of Nevada did recently allow for attorneys to help clients to locate lenders. These loans will frequently come with excessive interest rates. Contact a Nevada attorney to find out if you can be set up with a fair lender to help you get through financially as you wait for a settlement.

Q: Can I sue the criminal if I am the victim of a crime?

A: It is possible to sue a criminal when you have been the victim of a crime, but you are unlikely to recover the damages even if you win. Often, a criminal will go to jail and will be unable to pay the judgment. Contact the Victims of Crime Unit to apply for benefits for court ordered restitution.

Q: Who should I call for financial assistance if I am disabled?

A: If you are disabled and need financial assistance contact any of the following:

  • Social Security Disability – (800) 772-1213
  • Victims of Crime – (702) 786-2546
  • Nevada Division of Welfare and Supportive Services – (775) 684-0500
  • Nevada Division of (Un) Employment – (702) 486-0350

Q: How long will it take to settle my accident case?

A: It is hard to say exactly how long it will take to settle your accident case. It can take many months in some cases. The first step is to finish your medical treatment for the best stance in negotiation. For a very extensive case, you may be waiting for years to settle your case. Contact an auto accident attorney to learn more about the factors that affect the length of your case.

Q: How much will I have to pay the attorney for my accident case?

A: Most accidental injury cases in Nevada work on a contingency fee agreement. This means that the attorney will only receive payment if you receive a recovery, and this payment will be a percentage of that recovery. This gives your attorney an incentive to maximize your recovery and helps the injured person to obtain legal representation even when he or she is unable to afford an hourly rate. The percentage of the contingency fee will be up to 40%, though it varies.

Q: How expensive is a personal injury case, overall?

A: The total expense of your personal injury case will vary depending on the type and complexity of the case, with more difficult cases being more expensive. A simple case may cost as little as $400, while a more complex case may cost over $200,000.

Proving Injuries in a Car Accident

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