Car Accident Injury Attorneys in Las Vegas

After a crash, there are economic, emotional, and physical hurdles to overcome. While you focus on recovering and getting your life back to normal, allow our lawyers to focus on getting you compensation for your expenses and justice for what happened to you.

In a car accident claim, our lawyers can negotiate with insurance companies and at-fault parties for a settlement. If that does not work, we can take the case to trial and fight before a judge and jury to get your claim paid.

For a free case evaluation, call Mitchell Rogers Injury Law’s car accident attorneys at (702) 702-2622.

Do I Need a Las Vegas Car Accident Lawyer if I Live Somewhere Else?

Like most things that happen in Vegas, car accident cases also stay in Vegas. If you were hurt in a crash, the best court – and possibly the only court – that can hear your case is in Las Vegas.

Various laws and court rules about jurisdiction and venue usually mean that car accident cases are filed where they happen. This means that a case in Clark County is filed at the Clark County Courthouse in Las Vegas.

Additionally, since your case will be filed in Nevada using Nevada law, you need a lawyer who can practice in Nevada. At Mitchell Rogers Injury Law, our car accident lawyers have experience handling high-pressure cases and winning for our clients.

If you live far away and were injured in a crash while in Las Vegas on a trip or vacation, we can do our best to try to settle the case without you needing to return. We can communicate with insurance companies, doctors, defendants, and clients across the country. If the case goes to trial, however, you may need to be present or join remotely.

How Long Do I Have to File an Injury Case?

For a car crash in Las Vegas, you usually have 2 years to file a claim under NRS 11.190(4). This might seem like a long time, but it can come on fast.

If you were seriously injured and spent months in the hospital before calling a lawyer, that has unfortunately delayed your case. Our lawyers can start working on your case while you focus on recovery, helping cut down on any delays.

On top of that, building a case requires legal research, factual investigations, evidence collection, and case building. Our attorneys need time to put the case together, which will delay when filing is possible.

On one hand, 2 years gives us plenty of time to build a case and file; on the other hand, any delays in contacting a lawyer and filing your case are ultimately delays in payment.

How Long Does it Take to Get Damages in a Car Accident Injury Case?

Ultimately, car accident claims can range from a few weeks to a few years. There really is no single predictor of how long a case will take, but there are some factors.

After a settlement is made or a trial verdict is handed down, damages are usually paid within 30 days.

Complexity

Simple, straightforward cases with two drivers and simple injuries are usually resolved faster – potentially within a few weeks or months.

Cases with more drivers involved, a victim’s contributory negligence, and difficult fact patterns can take longer and may need to go to trial.

Amount of Evidence

Cases with a lot of evidence can be stronger, but they can also take longer to process the evidence. Insurance companies facing overwhelming evidence often settle quickly, but we need to put evidence into a usable form to show them how strong our case is.

Seriousness of Injuries

Serious injuries often push insurance companies to settle quickly, but they also mean a more expensive case. Insurance companies may want to settle these cases quickly and cheaply, so do not trust their initial settlement offers.

Instead, let our lawyers review your case, negotiate with the defense and their insurance, and settle the case for a fair value. If they refuse, we can go to trial.

Availability of Settlement

If the insurance company or driver is eager to settle the case, we may be able to negotiate and reach a settlement quickly. If the case settles before a lawsuit is filed in court, it might take only a few months of negotiations.

However, settlements can happen all the way up to trial as “courthouse steps settlements.” In practice, many cases settle after evidence has been laid out in the “discovery” stage – often 2-6 months into your lawsuit.

Trial

If you want to go to trial or the insurance company is refusing to cooperate, going to trial will take longer. Especially in a busy court like the one in Las Vegas, cases can take a long time to get on the court schedule, let alone pass through all stages of the trial process.

How to Talk to Insurance Companies

In a car accident case, you should usually let your car accident lawyers talk to the insurance companies for you. At the very least, you should always speak with a lawyer before talking to insurance companies.

Before you know what to say, think about what insurance companies you are talking to. Nevada car accident claims are usually filed with the at-fault driver’s insurance. They are not your lawyers, they are not your insurance company, and they are not on your side.

As such, take these points of caution:

• Avoid disclosing anything extra
• Avoid apologizing
• Do not admit fault
• Stick to the facts only; avoid editorializing
• Do not state facts you are not personally sure of or did not personally witness.

Additionally, if you can avoid giving a recorded statement, avoid it. However, all calls with insurance companies are usually recorded or monitored, making this difficult.

Our lawyers can prepare you to answer questions and potentially even pick up negotiations right away, having the insurance company put all communications through us.

Do I File with My Own Insurance or the Other Driver’s?

Nevada uses an “at-fault” car insurance system, not a “no-fault” system. This means that the at-fault driver’s insurance covers the accident.

Thus, after a crash, you will file a claim with the at-fault driver’s insurance policy. However, your own insurance might have some coverages that can help you.

Optional coverages on your insurance policy might cover collision damage, comprehensive (i.e., non-collision) damage, medical payments, and uninsured/underinsured motorist coverage. These are “first-party” benefits that you can claim.

Using your own insurance does not typically “settle” the case, and you can file a medical payment or collision claim to get coverage now while you await settlement or trial. However, accepting anything from the at-fault driver might “settle” your case and end it then and there.

Always review your case with a lawyer before accepting or signing anything from insurance companies.

Can I Still File a Car Accident Case if I am Partially at Fault?

Some states have a “contributory negligence” rule that blocks victims from recovering damages if they shared any amount of fault. Nevada is one of the many states that updated this rule into a “comparative fault” rule instead.

Under NRS 41.141, this means you can still recover as long as the other driver was more at fault. When courts and insurance companies break fault down into percentages, this means you can still recover with up to 50% fault.

Instead, damages are reduced by your percentage of fault. For example, if you faced a total of $100,000 and were 10% at fault, you get $90,000 from the defendant.

How is Fault Determined in a Las Vegas Car Accident?

Car accidents are a type of “negligence” claim. This does not require an intentional injury; instead, you have to prove four elements:

1. The defendant owed the victim a duty
2. The defendant breached that duty
3. The breach caused the accident
4. This resulted in damages.

In a car accident case, the duty in question is usually from a traffic law. For example, traffic laws create a duty to stop at stop signs and red lights, to maintain a reasonable following distance, and to drive sober. If a driver breaks a law meant to keep you safe and hurts you, they are at fault.

Alternatively, sometimes the duty is the duty to act reasonably. While they might violate specific traffic laws, unreasonable driving decisions can also supply fault.

When assigning fault, courts put a percentage on each driver’s degree of fault, and they pay that percentage of the total damages. This also works with more than one defendant.

What Records Should I Save or Collect for My Case?

In most cases, we can obtain any medical records, financial records, and police reports you might need. There is usually no need to go out of your way to find these on your own. However, there are some records it is important that you keep as they come to you:

• Receipts for any expenses related to the accident
• Any pay stubs or proof of income
• Financial/bank records showing your lost income
• Communications and records from doctors
• Medical bills and invoices
• Communications from insurance companies
• Communications from defendants or their lawyers.

At the scene of the crash, there is also important evidence you can collect before it is lost:

• The driver’s name, license plate number, insurance info, and contact info
• The name and contact info for any witnesses
• The responding officer’s name, department/precinct, and contact info
• Photos of the crash, damage, and injuries
• Info on lighting, weather, and roadway conditions.

There may also be evidence our attorneys can find for you. For example, we can locate and request a copy of the police report and contact witnesses for statements. We can also look for local businesses or homes with security cameras that might have caught your crash on video, as well as anyone involved in the crash who had a dash cam.

What Medical Care Do I Need After a Car Accident?

In most cases, following advice from EMTs and emergency room doctors will guide your recovery. Our lawyers cannot tell you what medical care you need; only a doctor can do that. However, we can tell you it is vital to get medical care and follow up with all ongoing care.

Do Not Refuse Care

If you refuse medical treatment at the scene of the crash or otherwise skip any care in the process, the defense will use that to say the injuries are not serious. This refusal will cut against your claim that you experienced pain and suffering or may even allow the defense to claim you are faking injuries.

Creating Medical Records

Instead, getting immediate treatment will create the medical records to show your injury was severe and urgent. Following up with care will continue to track your improvement and show how much pain and suffering you overcame.

Care You May Need

Many injury victims need some or all of this medical care:

• First aid from EMTs
• Emergency treatment at the hospital
• Emergency surgery
• Scans and tests
• Specialist visits
• Physical therapy and rehabilitation
• Mental health and psychiatric care
• Occupational therapy

In especially serious injury cases, you might even need ongoing nursing care for the rest of your life.

What Compensation is Available in a Las Vegas Car Accident Case?

The at-fault driver can be ordered in court to pay for any economic or non-economic damages they caused you. These usually come in three main categories:

Medical Bills

The cost of treatment, from ambulance rides to emergency surgery to physical therapy, should all be covered. The defendant’s insurance should have at least $25,000 to cover you, but a lawsuit or higher insurance limits might allow for higher recovery.

In addition, your own insurance might have medical payment coverage that can help you immediately without the need to prove fault. If the other driver’s insurance is too low, you may also recover some of these costs from your underinsured motorist coverage.

Lost Wages

Any money you miss at work – now and into the future – can be claimed. We can estimate future lost earnings based on your condition and disabilities.

Pain and Suffering

Pain and suffering accounts for most non-economic damages, from emotional distress to mental anguish to physical pain. These damages are often calculated based on the overall severity of your accident rather than putting prices on specific harms and indignities.

Call Our Car Accident Lawyers in Las Vegas Today

If you were hurt in a crash, call the car accident attorneys at Mitchell Rogers Injury Law at (702) 702-2622.