Dealing with the aftermath of a car accident can be overwhelming and confusing. If you have never been in an accident, you likely have many questions about what you should do after a motor vehicle accident. Questions like, “do I need an attorney?” and “how do I file a claim?” are some of the most common questions that we hear regarding personal injury claims. After an accident, the last thing you want to do is search through legal jargon trying to determine what rights you have. At Benson and Bingham, we’ve gathered some of the most common questions we receive from victims of a car accident.
Nevada is a fault state. This means that an individual who causes an accident will be held responsible for the resulting damages. Nevada requires all drivers to carry liability insurance. Coverage must include:
You will need to file an insurance claim with the other party’s insurance to recover damages. If the other party is uninsured or has insufficient coverage to pay your damages, you should look to your own personal uninsured or underinsured motorist policy. An experienced personal injury attorney can help you understand your options.
If you don’t have health insurance, you have a few options when it comes to seeking medical treatment after an accident. First, check with your car insurance to see if you have PIP or medical coverage as part of your policy. While this coverage is not required in Nevada, many drivers still choose to add the coverage in case of an accident.
If you do not have medical coverage through your car insurance, there are several providers in the Las Vegas and Reno area that will allow you to “charge” your treatment against your personal injury recovery. A Nevada personal injury attorney can direct you to medical providers in your area that will work with you. Contact the offices of Benson & Bingham right away at 702.600.6000 if you are having difficulty finding medical treatment.
Not necessarily. In Nevada, insurance companies use modified comparative negligence to determine whether a party will be able to recover damages from an accident. Call a car accident lawyer to see if and how that law applies to your situation.
When an insurance adjuster calculates a value for your case, they look at economic damages and non-economic damages. The actual damages from a car accident can vary, based on various factors in your case. A possible settlement offer may include:
Statistically, most personal injury claims settle out of court. Going to court can be time-consuming and expensive, so insurance companies generally try to avoid it. That said, some cases do end up in court. In this case, a jury will make the final decision in your case. If your case does have to go to trial, an experienced personal injury lawyer will be a critical component in successfully litigating your case.
Nevada’s statute of limitations laws outline the amount of time that you have to file a lawsuit. In Nevada, anyone who has sustained injuries as a result of an accident has two years from the date of the accident to file a personal injury lawsuit. In the case of wrongful death, the person’s family or representative has two years from the date of death to seek damages. In regards to property damages, a plaintiff has three years to seek legal action against the responsible party.
You are not legally required to have an attorney to pursue a personal injury claim in Nevada. That being said, if you or a loved one has sustained serious injuries in a motor vehicle accident, it is always advisable to consult with a personal injury attorney. An experienced attorney can help evaluate your case and determine whether you have sufficient cause and evidence to pursue legal action.
In addition, insurance companies almost always offer less to unrepresented parties in hopes that they will be able to get away with paying for less than the case is actually worth. An experienced car accident attorney can help you fight for the compensation that you deserve.
Benson & Bingham Accident Injury Lawyers
Summerlin Location
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
Downtown Location
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Henderson Location
9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
1320 E Plumb Lane Ste A
Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys
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