Winchester, NV Car Accident Lawyer

In a car accident case, you have to prove that the other driver was at fault before payment can be ordered. Our lawyers work to collect evidence and build strong cases to get your damages paid.

In many car accident cases, victims can claim compensation for medical bills, lost wages, vehicle repairs, and pain and suffering. However, knowing the value of your case and what to settle for is difficult without an experienced lawyer on your side.

Call our car accident lawyers at Mitchell Rogers Injury Law by dialing (702) 702-2622 for a free case review.

How to Sue for a Car Accident in Winchester, NV

Winchester is home to many locals, plus hotels, hospitals, and restaurants. Car accidents can happen to anyone, and it is important to understand how to bring your case in Winchester, whether you live locally or across the country.

Most car accident cases in Winchester will be filed locally in Clark County. Whether you live down the street or multiple states away, our car accident attorneys can help you file your lawsuit in the right place.

Under Nevada law, there are usually no restrictions on lawsuits. Some states use “no-fault” insurance systems where drivers cannot file a lawsuit unless they have “serious injuries.” We use an “at-fault” a.k.a. “tort” system where the at-fault driver’s insurance pays damages, and direct lawsuits are allowed for any level of injury.

To file your initial complaint, we need to know who was at fault, what happened, what they did wrong to cause the crash, and how much your damages are worth.

Who is at Fault in a Car Crash?

The truth is that in many car accident cases, everyone shares some degree of fault. Fortunately, NRS 41.141 allows victims to sue even if they are up to 50% at fault themselves.

A driver is at fault to some degree in a crash if they violated a legal duty – usually a traffic law – and that caused the accident. These are some of the most common violations that cause car accidents:

  • Speeding
  • Drunk driving
  • Distracted driving
  • Running a red light/stop sign
  • Failing to yield when turning left
  • Tailgating
  • Failing to look when backing up or changing lanes
  • Failing to check blind spots.

Drivers can also be held liable for breaching the duty to drive “reasonably” if what they did is outside what a reasonable driver would do. This helps cover other things that might slip between the cracks of traffic laws.

Once we establish a driver was responsible, the court assigns a percentage of fault. If a victim shares some degree of fault, their damages are reduced by that percentage. Otherwise, a percentage of fault can be assigned to each driver involved, even in multi-car pileups or complicated crashes.

Calculating Damages in a Winchester, NV Car Crash

Damages are paid to cover the monetary and other harms from the crash.

Medical Bills and Other Expenses

If an injury case is serious enough to need medical treatment, it is serious enough to talk to a car accident lawyer about it. Our lawyers can seek full compensation for medical bills, including for mental health care, physical therapy, medication, and more.

Serious injuries also need ongoing medical care moving forward.

The total value of these and other expenses can be gleaned from bills and receipts. We can also have financial and medical experts calculate future costs.

Lost Wages

If you missed work because of the crash or because of your injuries, you should be reimbursed.

Many injury victims face life-changing injuries. Ongoing disabilities can mean missing work for months or never returning to full capacity. These lost earnings should also be paid.

We can calculate past lost wages and have financial experts project future lost wages using your financial records.

Non-Economic Damages

Sometimes lumped together as “pain and suffering,” non-economic damages cover the harms that have no bills or receipts. More serious injury cases yield higher pain and suffering damages.

There are a few calculation methods we can use, depending on what works best in your case.

When to Call a Lawyer for a Car Accident

You should call a lawyer as soon as possible after a crash. After reporting the crash to 911, getting medical treatment, and talking to your family, your next call should ideally be to a lawyer.

You should certainly talk to a lawyer before talking to insurance. Insurance companies will try to manipulate you and might want you to sign documents or say things that you should not. Our attorneys can handle them for you and negotiate a fair settlement.

The earlier you call a lawyer, the sooner we can begin your case. Ultimately, injury victims have 2 years to sue under NRS 11.190(4). However, our lawyers need time to prepare your case, and any delay in starting your claim delays the end of your case as well.

Should I Get Medical Treatment After a Car Accident in Winchester?

After a car accident, you should always call 911 to report the crash to the police. Also ask for an ambulance, and they can get you the medical care you need.

Never refuse medical care at the scene of the accident. If you do, it means there are no records of your injuries, and it makes it seem like you had no injuries to treat.

Instead, accept treatment from the EMTs if you need it, and go to the hospital if they recommend it. From there, seek out any care you need, whether that be surgeries, specialist appointments, physical therapy, or mental health evaluations.

Ultimately, any medical treatment related to the crash should be paid for in your claim. The important thing is getting you the care you need so you can make a full recovery.

If there is a gap between the injury and treatment, it makes it harder to connect the injuries to the crash. The defense might even try to claim you were injured by some other cause during that gap.

Contact Our Car Accident Lawyers in Winchester, NV Today

If you were injured in a crash, call Mitchell Rogers Injury Law’s car accident lawyers at (702) 702-2622.