Car accidents are among the leading causes of unintentional injury and death in the United States. Injuries from a traffic accident range from minor scrapes and bruises to life-altering impairments. Hiring a lawyer after a car accident can be beneficial for many reasons.
Some car accident cases in Las Vegas, Nevada might not require legal assistance from an attorney. However, all accident victims benefit from talking with a car accident lawyer. Personal injury lawyers offer free consultations. Therefore, you can learn about car accident claims and your legal options.
Things that a car accident lawyer does for you include:
Handle Legal Matters
Your personal injury lawyer handles all legal matters pertaining to your case. Several legal issues could arise during your case, including but not limited to:
Disputes Regarding Liability
Nevada is an at-fault state. You must have evidence to prove the other driver caused the accident to recover damages. A jury may not find the other driver liable for damages if you cannot prove causation and fault.
Allegations of Comparative Fault
The insurance company might try to shift some of the blame for the car accident to you. Nevada’s comparative negligence law (N.R.S. §41.141) bars victims from receiving compensation if they are more than 50% to blame for the accident. If your fault is below that amount, your compensation is reduced by your percentage of fault.
Failure to Mitigate Damages
The at-fault driver is not responsible for the damages you cause. Therefore, suppose you put off going to the doctor, and your condition worsens.
The insurance company may deny damages that could have been avoided had you seen the doctor. Unfortunately, the company may use failing to mitigate damages to undervalue your claim, even though you did everything possible to mitigate damages.
Statute of Limitations
The Nevada statute of limitations sets deadlines for filing claims and lawsuits. If you file a lawsuit after the time expires, a judge may dismiss the suit without considering the facts or evidence. An attorney monitors the statute of limitations so you can avoid missing the deadline.
Investigate the Cause of the Accident
You must prove the legal elements of negligence to hold the other driver responsible for your damages.
Therefore, you need evidence proving the following:
- The driver owed you a legal duty of care.
- The driver breached the duty of care.
- The breach of duty directly and proximately caused the car accident.
- You incurred damages and injuries because of the car crash.
Evidence in a car accident case can include the police report, eyewitness statements and physical evidence from the crash scene. Evidence may also include videos of the crash and expert opinions. An attorney has the resources and skills to conduct a thorough accident investigation, including hiring expert witnesses when necessary.
Calculating How Much Your Case Is Worth
An experienced personal injury lawyer understands how to determine how much your damages are worth. The insurance company works to decrease how much your claim is worth. An attorney protects your right to fair compensation for all damages.
Generally, an accident victim can receive economic damages for their expenses and financial losses. These damages include out-of-pocket expenses and lost wages. They also include medical bills, rehabilitative therapies and lost wages.
Accident victims can recover non-economic damages for the pain and suffering they experience because of the accident and injuries. These damages include emotional distress, disfigurement and mental anguish.
If your injuries cause a permanent impairment or disability, you may also receive future damages for diminished quality of life, ongoing medical bills and reduced earning capacity.
Getting Help from a Lawyer After a Car Accident
Las Vegas personal injury lawyers help accident victims in other ways. They provide guidance and support throughout the case. An attorney stands up for your rights and battles the insurance company.
Most car accident lawyers take cases for a contingency fee. That means you don’t pay the attorney anything for their legal services unless they win your case. Therefore, you can meet with an attorney for free to obtain legal advice and hire an attorney for no upfront money. The first step is to call for your free case review.
Jamie S. Cogburn is the founder of J. Cogburn Law. As a Las Vegas personal injury lawyer, Jamie S. Cogburn has over 10 years of experience handling all personal injury matters. Contact his Las Vegas law office today for a free consultation.
