Suffering serious injuries in a car accident can be a life-altering experience. You might be aware that a settlement can provide financial relief for your injuries, but the process of obtaining it can be complex and unclear. Car accident settlements involve negotiations with insurance companies to agree on a compensation amount for the injuries and damages you have sustained. This compensation typically covers medical expenses, lost wages, and other related costs. It’s crucial to understand that the settlement process can vary based on the specifics of each case, and navigating it effectively often requires the expertise of a Nevada personal injury attorney.
An experienced attorney can guide you through the intricacies of the legal process, help in accurately valuing your claim, and negotiate with insurance companies on your behalf. They can also assist in gathering necessary evidence, such as medical records and witness statements, to strengthen your claim. Furthermore, an attorney can advise you on the feasibility of accepting a settlement offer or proceeding to trial, depending on the circumstances of your case.
If you have specific questions about your accident or your claim, or if you are unsure about how to proceed, contacting an experienced personal injury attorney as soon as possible is a wise step. They can provide personalized advice and representation, ensuring your rights are protected and that you pursue the maximum compensation possible for your injuries and losses.
Most victims, however, claim:
Understanding the statute of limitations is critical in personal injury claims. This law sets a deadline for filing a lawsuit after a car accident, and it varies by state. Missing this deadline can mean forfeiting your right to compensation. It’s important to consult an attorney soon after your accident to ensure your claim is timely and to understand your rights for recovering damages like medical expenses, lost wages, and pain and suffering.
Consulting a Las Vegas auto injury law firm before filing your claim can help you understand your rights and the compensation you deserve for your injuries.
Once the insurance company completes its investigation, you will often receive a settlement offer from the insurance company. Often, the insurance company will send an accident victim a settlement offer shortly after the accident itself. This offer, however, might not reflect the full compensation you deserve. Instead, it might represent the insurance company’s attempt to minimize financial liability as much as possible.
The insurance company may attempt to:
The insurance company may claim, after its investigation, that you caused some or all of the accident, which minimizes its financial liability for your injuries and other expenses related to the accident.
The greater the extent of your injuries and, therefore, the greater the compensation you ask for in your claim, the more the insurance company may attempt to minimize the compensation you receive. The insurance company must disclose the full policy to an attorney; however, your attorney must ask for that information and review the policy to understand the compensation it entitles you to after your accident.
The insurance company may attempt to claim that your injuries do not impose the limitations on your life that you initially claimed. They may investigate your daily activities, including checking your social media posts and evaluating your capability to complete work and home responsibilities.
Once you receive a settlement offer, you should discuss it with your attorney. You can choose to either accept the offer or continue negotiating. You may need to go through multiple rounds of negotiation before arriving at a fair offer that suits both you and the insurance company.
Mediation is a voluntary process that can help resolve a car accident claim. It’s often most helpful when both parties agree on the need for the claim but disagree on the amount of compensation. Mediation can be less expensive and quicker than litigation. However, it’s not always the solution.
Some situations where litigation may be necessary include:
Mediation is a legal dispute resolution process in Nevada that involves a neutral third party. The mediator works with both parties to find common ground and reach a settlement. Mediation is typically non-binding.
In a car accident case, mediation can be used to settle injury cases before trial. The mediation session includes:
The mediator is not a judge. If an agreement is reached, the settlement is received without a judge or jury trial. If an agreement cannot be reached, the case will go to trial.
A Las Vegas car accident lawyer can help increase the chances of a successful mediation by effectively representing your interests and negotiating on your behalf.
In Nevada, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This means that if you wait longer than two years to take action, you may not be able to seek compensation for your losses.
Some factors that can affect how much compensation is paid include:
Two types of damages that can be recovered from a car accident are compensatory and punitive. Compensatory damages are sometimes called actual damages.
In 2022, the average car accident settlement in Nevada was around $14,000–$15,000 for accidents with physical injuries. For accidents with no injuries, the average settlement was around $3,000–$4,000.
In Nevada, car accident injuries are considered personal injury claims. The statute of limitations for these claims is two years.
Once you contact an attorney, the attorney will begin investigating your accident. The liable party’s insurance company will also investigate the accident and your injuries. This may include:
The insurance company may try to limit its financial liability as much as possible. Its investigators may attempt to pin liability for the accident on someone else—often by shifting some or all of the blame to you. Having an attorney on your side can help prevent any problems in the investigation. A Las Vegas car accident injury lawyer will work to gather evidence on your behalf.
An attorney may also identify other parties that share liability for the accident. For example, you may discover that the vehicle manufacturer or some of its parts, as in a tire blowout accident on a new tire, shares liability for the accident.
In the case of a commercial driver, the driver’s employer might also share liability. By identifying these parties who share liability for your accident, an attorney can help you pursue compensation from all liable parties and often increase the compensation you receive as a result. Your attorney may advise you to wait until the completion of his investigation before filing a personal injury claim, especially if early signs point to multiple parties sharing liability in the accident.
Dealing with car accident claims in Nevada can be complex, but Benson & Bingham Accident Injury Lawyers, LLC is here to help. Whether you’re impacted by another’s failure to yield or disputing liability, our attorneys offer confidential consultations to navigate your claim effectively. We focus on thoroughly analyzing your case to enhance your financial settlement potential. Reach out to us today for skilled guidance and dedicated advocacy in securing the compensation you rightfully 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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