Car Accident Lawyer Las Vegas
You have been in a car or motorcycle accident, Now What?
Any Las Vegas car accident lawyer Will agree that for anyone involved in a Las Vegas car crash, their mind will be racing a mile a minute. The first thoughts of confusion may include should I find a lawyer, should it be a car accident lawyer or a personal injury lawyer, or can it be just an attorney at law that practices general law?
Car Accident Lawyer or Personal Injury Lawyer Las Vegas – Which to Choose?
Some personal injury lawyers practice different types of law that involve . A rule of thumb, if you are confused about what to do, or how to choose a proper Las Vegas car accident attorney for submitting the proper claim. Usually it is better to choose an attorney that specializes in the area of law that you are needing to submit a claim for.
Any Las Vegas Accident that involves personal injury claims would be in your best interest to search for law firms that have injury lawyers providing specific expert services for your type of claim. An automobile accident requires a Car accident attorney if the accident was in Vegas and caused by a drunk driver it would be better to get advice from a Las Vegas DUI attorney.
Keep in mind however, the services of attorneys in Las Vegas can have practices that overlap. For example, a Las Vegas DUI lawyer can also effectively offer the services as a Las Vegas Injury lawyer as well.
If you choose a personal injury attorney he can inform you more accurately and quickly on matters of personal injuries. Las Vegas lawyers, such as a divorce attorney or another type of Las Vegas lawyer handling accident claims would need to take time to look up the information required to handle the injury properly according to the law.
Personal Injury Attorney Las Vegas – First Things First
You might think we would be quick to suggest calling a Las Vegas personal injury attorney. NOT YET! This is the time to take a deep breath and try and remain calm. The next thing you need to do is determine the extent of your injuries (This is not the time to be concerned about making your top 10 list of lawyers in Las Vegas to determine which is the best firm to help you with your claim – Run from any attorney that say it is the right time!).
If you’ve suffered obvious injuries, you need to call emergency services to ensure you receive medical treatment as quickly as possible. If your injuries are less severe, you’ll need to decide whether emergency services should be involved or if you can take yourself to a doctor. The rule of thumb should be that if you think you may need to a see a doctor, go because if you don’t you may cause your case to be in jeopardy in the days to come.
Next, you need to assess your safety. If you’ve been involved in a car accident and are in traffic, you need to find a way to get to a safe place. If possible, and if your car is operable, steer yourself out of a lane of traffic and onto the shoulder or a nearby parking lot. This will help ensure that you are not involved in a subsequent accident that could cause even more harm.
Once you are physically safe and secure, you can now turn your attention to gathering evidence and exchanging information which can be helpful to your auto accident lawyer when the time comes. If it’s necessary, call the local authorities.
Police officers can record what happened in the accident and will sometimes assign fault, something that can be very helpful in a future auto accident case. Regardless of whether officers are involved, you will need to exchange insurance information with the other driver. Get a copy of his or her insurance card as well as the driver’s name and contact details.
Next, begin gathering information about witnesses. If there are other drivers or pedestrians that witnessed the crash, be sure and get their names and contact details. It’s critical to have as much corroboration as possible and these witnesses could prove important later on when you do get an attorney in Las Vegas involved with the claim.
You’ll need to then record as many details as you can, as these details will be important for your lawyer. If you have a notepad or even a smartphone to type some notes, do so. Record details of how the accident happened, when it occurred, where you were and where the other driver was. Write down anything that you think is unusual or potentially important. Many people make the mistake of thinking that they’ll remember details. Any car accident lawyer that has practiced for awhile has seen this again and again, the reality is that your memory starts to fade almost immediately after a car accident and the things that might have been important to pass along to your lawyer will be forgotten.
Beyond jotting down notes to yourself, spend time walking around the accident scene and taking some quick pictures. Take pictures of your vehicle, the accident scene, the other vehicle and yourself, assuming you have visible injuries. A picture truly is worth 1,000 words and can go a long way to proving your case to an insurance adjuster or jury.
Why is it important to get medical treatment early?
It’s important to seek medical treatment soon after a crash for several reasons. First, the sooner you see a doctor the sooner you can begin getting better. By delaying seeking treatment, you could end up exacerbating your injuries, making a bad problem even worse. Second, you should seek treatment early because if you don’t, it’s possible that an insurance company could argue that you are faking or exaggerating your injuries by not going to a doctor quickly.
They can argue that if you were seriously harmed in an accident you would have gone to a doctor immediately and that by waiting you must have been fine, an attempt to undermine your legitimate claim for compensation. Finally, insurance companies and defendants can also argue that by waiting to get treatment you were harmed by something or someone else. For example, they can blame your injuries on a subsequent accident, such as you getting hurt at work or injuring yourself at home, trying to pass off blame for the harm they caused. By going to a doctor early, you avoid running these risks.
Choosing the Best lawyer in Las Vegas – Why even hire a lawyer to help?
An auto accident attorney or personal injury attorney in Las Vegas can be a huge help when it comes to handling your car accident case. For one thing, a lawyer can navigate through the red tape that is associated with managing an auto accident claim. There are court dates and deadlines, motions and paperwork, insurance adjusters and forms to be filled out. It can be overwhelming for those who haven’t handled it before and also easy to make a mistake. Relying on a Las Vegas auto accident lawyer who has been down the road previously and knows how the system works can be a tremendous relief.
Lawyers can also be a huge help in that they understand the settlement and negotiation process. An experienced auto accident attorney has handled many similar cases before and knows what your case is worth and the best way of ensuring you receive the money you deserve.
A lawyer can help by negotiating confidently with the insurance company, understanding when it makes sense to hold out for more money and when it’s better to get up and walk away. That kind of knowledge only comes with experience, something a person off the street will never have.
Timeline of a Nevada auto accident case
Many people are curious about how long their auto accident case will take. Though it’s impossible to give an easy answer to that without knowing the particular facts of your case, we can quickly run through the timeline of such a claim and give you a sense of what all needs to happen before a case can be resolved. First, you’ll need to hire a lawyer. This can take some time while you do your research and ensure you’re comfortable with your choice. Once the lawyer is hired, he or she will need to have a chance to investigate the case, review evidence and take a look at any pertinent medical records. This can take time depending on the complexity of the case and the seriousness of your injuries.
Next, the lawyer will need to think about the strategy for the best way forward. This will likely involve an attempt at negotiating a settlement, reaching a deal with the defendant or insurance company before even filing a lawsuit. If this proves fruitful, your case may be done at this point. If not, because the insurance company refuses to pay a fair settlement, the lawsuit will need to be filed.
Once a lawsuit is filed, the formal court process will kick in. Discovery will take place meaning both sides will get access to the others claims and defenses and can ask each other questions. While this is happening, negotiation can continue. It’s important to understand that a good lawyer will always leave the door open to reaching a deal. Moving forward with the formal lawsuit is a good way to indicate you’re serious and can actually help lead to a better settlement offer. Finally, if no settlement is reached, the case will go to trial. The whole process can take a few months at its most simple or a few years at its most complicated.
What do you need to prove in a Nevada auto accident case?
What do you need to do to win a Nevada car accident case? First, you need to demonstrate that the defendant owed a duty of care to the plaintiff. A good car accident lawyer will find this easy in most auto accident cases, as the duty owed by one driver is to operate a vehicle safely. Next, you’ll need to show that the defendant breached the duty. This can be shown by demonstrating that the driver was in some way negligent or reckless. Examples include proving that the driver was speeding, ignored traffic signals or failed to follow other rules of the road. Finally, the plaintiff will have to show that this breach of the duty of care resulted in some kind of harm. This is shown by indicating your injuries or property damage. Evidence that your car was totaled or that you broke an arm are examples of this harm.
Las Vegas attorneys can help various levels of negligence
What happens if you are found to be partially responsible for the accident? This occurs frequently in Nevada accident cases, where the plaintiff may be somewhat responsible for the accident. Does that mean that you will lose the case? Not necessarily, thanks to Nevada’s modified comparative negligence rule.
In Nevada, the law says that a person can recover damages from a defendant even if he or she is partially responsible for the accident. This is good news, because in some states, like North Carolina, being partially at fault can result in having your entire case tossed from court. The Nevada approach says that so long as a plaintiff is less than 51% at fault, he or she can recover damages from a defendant. That means that a plaintiff must be 50% or less at fault if he or she is to recover damages.
An example of this would be if Driver A is hit by Driver B. Driver B was recklessly speeding, but it was later determined that Driver A’s brake lights were out. Driver B is clearly at fault, but Driver A is eventually found to be 10 percent responsible for the crash. If Driver A is ultimately awarded $100,000 in damages, Driver B will only be required to pay $90,000, the other 10% being seen as the responsibility of the plaintiff, Driver A.
How important is timing?
Timing is crucial in a Nevada auto accident case. It’s important to reach out to a Las Vegas personal injury lawyer, or a DUI lawyer early on, giving him or her sufficient time to investigate your case and talk to witnesses. Waiting can make it harder to do both of these things and jeopardize the ultimate success of your claim. Timing is also important thanks to legal deadlines that exist with regard to bringing claims for compensation.
These deadlines are known as statutes of limitation. In Nevada, these rules tell plaintiffs how long they have to bring a lawsuit. If the plaintiff waits too long, his or her claim will be barred from court. This is true no matter how strong the case is or how guilty the defendant is. The judge will have no choice but to turn your case away. If it has been a long time since the accident be sure to contact a Las Vegas car accident lawyer to be sure you still have time.
So what is the deadline in Nevada? There are actually two relevant deadlines. First, claims involving personal injury must be filed within two years of the date of the accident. Second, claims involving property damage, so the harm that occurred to your vehicle, must be filed within three years. It’s crucial to keep these dates in mind, which is why it’s a good idea to hire an experienced Las Vegas attorney early on and let him or her worry about these things.
If you or someone you know has had a car accident in Las Vegas contact a Las Vegas car accident lawyer immediately for a free consultation.