Car Accident Lawyer: The Definitive Guide (Startups update 2020)
CAR ACCIDENT LAWYER | THE DEFINITIVE GUIDE
After being involved in a car accident, it can be difficult to know what to do next. If you have been injured, you will have medical bills, lost wages during recovery, car repairs and other unexpected expenses. The last thing you need is the insurance company that goes around. Car Accident lawyer will ensure that insurance companies do not take advantage of it and will get the maximum benefit for your injuries as quickly as possible.
Let’s know more to dive right in.
Talk to a car accident lawyer first
One of the most important things to remember when you have been involved in a car accident is to speak with an accident lawyer as soon as possible. To protect your rights, you will need legal advice before speaking with the insurance company and providing a statement of the event.
Insurance companies have become very aggressive in contacting accident victims quickly after the event. They believe that quick contact helps them solve cases faster and that this is beneficial for the victim. Actually, they try to push for a quick fix before the victim becomes aware of all the losses he has incurred or the severity of his injury.
For this reason, it is imperative to speak with an accident lawyer as soon as possible after the event to protect your rights. If you or someone you know has been involved in a car accident and has no insurance, make sure you know the legal and financial risks for uninsured drivers.
BASIC CAR ACCIDENT
What Are The Causes of car accidents
While every car accident is unique in what caused the event, there are several common causes.
Distracted driving – Distracted driving is becoming one of the leading causes of car accidents. In most cases, the driver is distracted by his cell phone. However, distractions can also occur when the driver is using the radio or GPS, is looking for something in the car seat next to them, is talking greedily with the passengers or is looking at something on the side of the road.
Unsafe road conditions – Road conditions can change rapidly with the weather and cause a driver error. In addition, construction zones and traffic jams can also lead to unsafe road conditions and accidents.
Driving Under The Influence – Drivers who have been consuming alcohol or other substances can be very dangerous on the road. Decision making and response skills are often slow and your judgment may be affected. Many accidents occur when a driver is under the influence.
Reckless driving – The driver of the other car may have acted recklessly while driving. This could include entering and leaving traffic, excessive speeds or even dangerous turns.
Defective equipment – Sometimes an accident occurs due to a manufacturer’s defect in the car.
Regardless of the reason, it is important to know exactly what to do after an accident.
Of course, there are many other reasons why an accident can occur, and if you were injured in an employer’s vehicle, you may also be eligible for worker’s compensation.
What to do if you have a car accident?
It will always be beneficial for you to be prepared if a car accident occurs. In Las Vegas, the police department only responds to an accident if injuries are reported. Since it is up to the car owner to gather all the information necessary for a non-emergency accident, all drivers in the Las Vegas area must have the following items hidden in their glove compartment :
- Pen and paper
- Disposable camera
- Your vehicle registration and insurance card.
- Emergency contact numbers
- Towing Company Phone Number
- A copy of the Las Vegas police accident protocol form.
When the accident occurs, and no one is injured, you should move the vehicle out of traffic if possible. Before moving the vehicle out of traffic, be sure to use your camera to photograph the entire accident scene. Take extra precautions if there is moving traffic nearby. Once you have moved the vehicles out of the traffic path, you should start exchanging information with the other driver.
If cars cannot move, the police department must be notified. Las Vegas police should also be called if they discover that:
- The other driver is intoxicated.
- The other driver does not have a driver’s license or cannot present a registration or insurance card
- The other driver is uncooperative or violent.
When you are out of danger for traffic, you should exchange the following information:
- Name address and phone number.
- Name and contact information of passengers and witnesses.
- Driving license number.
- Name of insurance company, contact number and policy number.
- Make, model and year of the other car.
- License plate number of the other car.
- VIN number of the car if possible.
Once you have obtained all this information, you can leave the scene and return home to complete a report. You must complete an SR-1 form to send to your insurance company. Once you complete this form, report the accident to your insurance company.
If you are injured in a car accident
If you have been injured in a car accident, you do not have to worry about collecting all this information. If you are injured, you must:
- Call 911 and report the accident and request medical assistance.
- Seek medical attention immediately. Do not delay, even if the lesions seem minor.
- Provide only the necessary information to the police so they can submit your report. Never admit that you are to blame, even if it is a partial failure. Let the accident recreation experts determine the fault.
- Talk to a lawyer before talking to the insurance company to protect your rights.
It is very important that you talk to an accident lawyer before talking to the insurance company about your accident or injury. It has become common practice for insurance companies to seek the closure of a case even before the extent of the injuries has been determined. To protect your rights, talk to a lawyer and allow them to represent your interests before the insurance company that handles the claim.
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CAR ACCIDENT LAW
Demonstrating guilt after a car accident
Nevada is considered a guilty state when it comes to car accidents. This means that the general rules of negligence apply and the person who should have been more careful to avoid the accident is generally responsible for an accident. The guilty party and its insurance company must pay for losses and other damages.
When proving the failure in a car accident, it is important to observe the actions of each party to determine if someone acted negligently. If either party did not take a reasonable amount of care and caution, and those actions contributed to the crash, they would be considered guilty of the accident.
To prove the fault, you must prove with a preponderance of the evidence that the other party was not as careful as it should have been and that your negligence caused the accident.
Default Injury Manufacturers
If you have been involved in a car accident and a portion of your injuries were caused by a defective product in the car, you may have a second case to seek compensation. In recent years, many people have suffered additional injuries during an accident that are caused by the airbag system.
Excessive force used during deployment has sent shrapnel to the passenger area, often causing serious injuries. Other manufacturer defects have also caused car accidents. Some of these other defects include stuck acceleration pedals, failures in the brake system, ignition switches that turn off while on the move, and fail on the main computer while the car is in motion. Many of these elements are currently on the market, but this does not exempt manufacturers from liability. Your lawyer can determine if any of your injuries were related to a manufacturer’s defect and, if so.
Nevada Comparative Negligence Standard
In all automobile accidents in Nevada, when more than one party contributes to a crash, the law allows for the distribution of failures for each party involved. This means that the court compares its negligence with the other people involved, and each party is assigned a percentage of responsibility.
The rule is that if it is determined that you are less than 50 percent responsible for the accident, you can still recover from your damages. If it is determined that you are 50 percent or more liable, you have no right to recover any of your damages under NRS 41.1, the Nevada comparative negligence statute. Their compensation is reduced by the percentage found guilty of the crash.
Types of damage you can recover after a car accident
One of the most common mistakes in a car accident case in Las Vegas is not requesting all available damages available. There are several different types of damage available to you after being injured in an accident. The primary classification of damages is economic and not economic. Economic damages are those that are objectively quantified monetary losses representing their tangible outlay costs, which include:
- Medical bills
- Lost wages
- Property damage and repair bills
- Lost Profit Capacity
Non-economic damages are those that are more subjective, less tangible non-monetary losses that include:
- Pain and suffering
- Emotional stress
- Permanent scarring or disfiguration
- Loss of consortium
- Loss of enjoyment of life.
To calculate non-economic damages such as pain and suffering, you would normally use a multiplier. You apply this multiplier to your economic damages to determine what to request for non-economic damages. In addition, Nevada recognizes other types of damages known as punitive damages. These are granted as punishment and are used as a method to deter reckless or intentionally harmful behavior that may be malicious in nature.
CAR ACCIDENT INSURANCE
Nevada insurance requirements
Like most other states, Nevada requires drivers to maintain a minimum amount of liability car insurance. Nevada law requires that motorists purchase coverage that pays injured parties if they are missing from a car accident. Nevada’s insurance minimums are:
- $ 15,000 per person for bodily injury
- $ 30,000 per accident for bodily injury
- $ 10,000 per accident for property damage
While motorists are not required to buy insurance that pays for their injuries or property damage, it is estimated that approximately 20 percent of Nevada drivers do not have insurance. Buying additional coverage is the best way to make sure you are protected if you are ever injured in a car accident in Las Vegas.
Types of supplementary insurance
Personal injury protection (PIP): Also known as no-fault insurance, you will pay medical bills, rehabilitation costs and lost wages to the insured or passengers, regardless of who is to blame.
MedPay: covers medical treatment for any injury to the insurance driver or passengers without regard to fault.
Insufficient or uninsured insurance coverage: This will protect you if you are in an accident with someone who does not have enough insurance to cover your losses.
Collision: This will cover any damage to your vehicle resulting from a crash, regardless of who is determined to be at fault.
Comprehensive: This pays for damages to your vehicle that occur due to reasons other than an accident such as flooding, falling objects and even theft.
Do’s & Not to Do Insurance
- Take photos and try to gather evidence after the accident: This will help document the scene and serve as evidence for your claim.
- Review your insurance policy: understanding the terms of your agreement with the insurance company can provide information about the outcome of your claim.
- Be honest with the insurance company: any misrepresentation of the facts of your claim could result in denial of coverage.
- Get a copy of the accident report: review the report to verify its accuracy, as it will be a crucial piece of evidence to support your claim.
Do not ‘Do:
- Do not admit guilt: Although you may have the instinct to apologize, it is essential to remember that anything you say after the accident can open your responsibility. An apology may indicate a foul.
- Do not wait to correspond with your insurer: a successful claim depends on the timely submission of the claim and diligent follow-up.
- Do not make a recorded statement: many insurers will try to record a statement to prove inefficiencies in your history and pay you less. Consult with a lawyer first.
- Do not accept the first offer: insurers will often open with a low price offer in the hope that you will accept an agreement for less than your claim may be worth.
Steps to file an insurance claim
Contact the police after the accident: your insurer is likely to request a copy of the police report that may contain information that is valuable to your claim.
Contact your insurer after the accident: you must be prepared to provide some basic information about the cars and drivers involved, the severity of the damage, the time and location of the accident and a description of the accident. You will also be given a claim number.
Follow up with the adjuster: an adjuster will be assigned to work on your claim, and they are likely to contact you for a more detailed summary of the events. Be cooperative, but remember that the conversation is likely to be recorded, so stick to the facts.
Vehicle damage inspection: Your adjuster may choose to inspect the vehicle themselves or ask you to take it to a certified repair shop for a quote.
Review: The adjuster will review the facts of the case, the details of your policy and the damages to determine what type of offer will be made.
The initial offer: After a thorough review, the adjuster is likely to present you with an initial settlement offer.
Negotiations: If the initial offer is not satisfactory, you and your lawyer can enter into settlement negotiations where you use the available evidence to show the insurer why you deserve more.
Resolution: During the negotiations, you should be able to use the facts of the case to reach a decision that both parties can agree on. Once a resolution is made, you will sign an authorization and the adjuster will authorize the final payment.
CAR ACCIDENT LAWYER
Questions to ask your accident lawyer
Do you have experience handling cases like mine? You will want a lawyer with direct experience in cases like yours. You may also want to ask about the previous results.
What is your rate structure? A lawyer should be able to clearly answer any questions about the fees and expected costs of representation. You can also ask about advanced costs and expenses if you lose the case.
How long does it usually take to see a resolution? While the lawyer will not be able to provide accurate estimates until they are familiar with the case, they should be able to give an idea of how long cases like yours usually take.
Who will handle my case? It is common to make an initial consultation with a lawyer and then work with someone else. You will want to know the name of the lawyer who will handle your case, and describe the methods for direct communication.
What will be my role in the case? You will want to make sure you clearly delineate and understand any expectations of you in the case.
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Do I need a lawyer after a car accident?
Although some may choose to handle their own car accident claim without the help of a lawyer, this is not advisable. Those who seek the help of a qualified representation after their accident average much larger settlements. This is because a lawyer has experience in negotiating with the insurance company to obtain the maximum possible compensation. An experienced lawyer is well versed in the tactics of insurance companies to reduce the value of a claim.
They are also experts in compiling the documentation and evidence necessary for a successful claim. Those who represent themselves can set aside crucial elements of the claim that results in a lower agreement.
In addition, although some claims are simpler, there may be more complicated aspects of your case that make the determination of responsibility less clear. In these circumstances, as well as if there are serious or permanent injuries or disfigurement, it is essential to hire a lawyer to ensure that you receive the compensation you need.
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– Nevada statment research with Adam S. Kutner & Associates Law Firm – Artile about car accident information & other topices. Also Search google search engieen Topices. Article research by KrT group analysis Team.
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