Car Accident Attorney In Henderson, Nevada
The moment a person is involved in a car accident, knowing what to do next becomes a challenge. That is because, one) you are injured, two) traumatized and confused, three) thinking of legal issues and insurance, four) vehicle repairs and other expenses. With all this in mind, the last thing you need is your insurance company giving you the runaround.
This is why you need a car accident attorney. An experienced Henderson, Nevada car accident lawyer will help you protect your rights and ensure you get the settlements you deserve as soon as possible. The settlement will cover lost wages during recovery, current and future medical bills, vehicle repairs, and even some unexpected expenses.
The team of car accident lawyers at The Law Office Of Lona L. Webb, LLC, has handled many car accident cases for many years now in Henderson, Nevada. Contact our legal team through (702) 202-0836 for your FREE CONSULTATION to know your legal options and rights.
Contact A Lawyer First After An Accident
The first thing to do is to ensure everyone is safe and then call our car accident lawyer. It is paramount to speak to a car accident lawyer immediately or as soon as you can, BEFORE providing your statement about the event to your insurance company. The lawyer will help you protect your rights and provide legal advice.
Reasons To Contact The Law Office Of Lona L. Webb, LLC In Henderson
Today, insurance companies have become aggressive in contacting accident victims quickly after an accident. Insurance companies make accident victims believe that it is beneficial to them if they settle the case faster. However, the reality is that they are trying to push for a quick settlement before you or an accident victim realizes the severity of their injuries or the complete losses they have incurred. To protect yourself from this, it is important to contact an automotive car accident attorney immediately.
Also, if you or loved one have been involved in a car accident and is uninsured, then it would be wise to learn more about the financial and legal risks for uninsured drivers.
What To Do After A Car Accident?
It is not only in your best interest to be prepared in case of a car accident, but one of the wisest things you can ever do. In most cases, Nevada police will respond to an accident only when injuries are reported. That is because it is the responsibility of a driver to collect all necessary data for non-emergency car accidents. As such, it would be beneficial to keep the following items in your glove box:
• Disposable camera
• Paper and pen
• Towing company phone number
• Emergency contact number
• Insurance and car registration cards
• A copy of the Nevada police accident protocol form
The moment you have been involved in an accident, but no one is injured, you should move the vehicle away from traffic where possible. However, before moving the vehicle, ensure you have taken pictures of the entire accident scene. Take precautions if there is traffic.
After moving the vehicle away from traffic, the next thing to accomplish is collecting or exchanging information with the other driver. If your car cannot move, then you should contact the police. You should contact Henderson Nevada police if you discover that:
• The other driver is driving while under the influence of substances
• The other driver is violent or uncooperative
• The other driver does not have all the required licenses or papers such as insurance card, car registration card, and driver’s license.
You will take the following information the moment you have moved your vehicle out of traffic:
• VIN Number of the car (if possible)
• Other vehicle license plate number
• The other vehicle Make, Model, and Production year
• Insurance information such as the company name, contacts, and policy number
• The driver’s license number
• The name and contact information of any passenger or witness
• The driver’s name, address, and phone number
The moment you have collected all the data mentioned above, you are now safe to leave the scene. However, you have to fill out a report. This is when you will have to complete the SR-1 form, which you should submit to your insurance company.
What To Do If You Are Injured In A Car Accident?
If you get injured in an automotive accident, do not worry about collecting all the above information. Under this situation, you must:
• Call 911 and report the accident and also request medical assistance
• Seek medical attention immediately (do not delay even if the injuries seem minor)
• Provide necessary information to the police. This will help them file their report. Remember, never admit fault, even if it looks like you are partially at fault. Let accident recreation professionals do the work.
• Contact your vehicle accident lawyer before talking to the insurance company.
Remember, insurance companies have a practice of seeking closure on a case before the extent of the injuries has been fully determined or examined. To protect yourself against this, ensure that you have an experienced lawyer by your side. They will represent your interests to the insurance company.
The Types Of Damages You Can Recover After A Car Accident
A common mistake in a Henderson vehicle accident case is not asking for all applicable damages. It is important to note that there are many types of damages you can request in an injury case after an accident. These damages are classified under two categories–economic and non-economic.
Economic damages are all damages or losses that are tangible and objectively quantified monetarily. Generally, they are out-of-pocket costs that include:
• Loss of earning capacity
• Repair bills and property damage
• Lost wages
• Medical bills and future bills
Non-economic damages are all damages or losses which are not tangible and are therefore subjective. They generally include:
• Loss of life enjoyment
• Loss of consortium
• Disfigurement or permanent scarring
• Emotional distress
• Suffering and pain
A multiplier is generally used to analyze non-economic indemnities such as suffering and pain. The multiplier is applied to the economic damages to govern the amount to request for non-economic losses. Furthermore, punitive damages is another type of damage recognized by Nevada. Punitive damages are awarded to the victims and act as a punishment to the wrongdoer and are generally used as a method to discourage intentionally harmful behavior or recklessness that can lead to property and personal injury claims.
Do You Need An Attorney After A Car Accident?
There are those who prefer handling their car accident claims on their own, which is not wise. That’s because those who handle these cases on their own–often settle for much less. Having an attorney should help you receive larger amounts because the attorney has years of experience negotiating. Furthermore, they know how to compile documents and evidence that will help in your claim.
Anyone representing themselves and does not know how the process goes or otherwise have legal experience may leave out an important element which will decrease their claim. On the other hand, although some cases may seem straightforward, they may actually be so much more complicated than you think. All in all, you need the services of an experienced attorney. Also, remember that all insurance companies have a team of attorneys who will surely work against you.
Our team of professionals, skilled and experienced attorneys will help you with your case. Contact us today for your free consultation to know your legal options and rights.
Causes Of Vehicle Accidents
Although every car accident is different with its unique parameters and cause, below are few common causes:
Driving Under The Influence – Driving under the influence is an act of defiance and negligence. Any driver who has been consuming alcohol or has used certain other substances is very dangerous on the road. Their decisions and responses often tend to be slow, and their judgment is impaired. There are many accidents that occur due to a driver driving while under the influence of a substance.
Unsafe Road Condition – Road conditions and bad weather are known to lead to an accident. Also, traffic jams and construction zones can cause unsafe road conditions and accidents.
Distracted Driving – Today, distracted driving has become a leading cause of accidents. In fact, research shows that cell phone use is a leading cause of an accident, especially to those under the age of 30. It is important to note that distraction can also occur when a driver is using the radio, GPS, communicating with a passenger, looking on the roadsides, or simply looking in the car seat next to theirs.
Malfunctioning Equipment – There are cases when an accident occurs due to a manufacturer’s defective vehicle part.
Reckless Driving – There are those accidents that occur simply because the driver is reckless in their driving and driving decisions. This may include weaving in and out of traffic, taking dangerous turns, or driving at excessive speeds.
NOTE: There are many accident causes or reasons that may cause an accident to occur. Nevertheless, if you were injured in an employer’s vehicle, you may be eligible for worker’s compensation.
Proving Fault After A Car Accident
Nevada is an ‘At-Fault’ State when it comes to automotive accidents. This simply means that the rule of negligence applies, and the person responsible for the accident will bear the responsibility for the accident. In other words, the ‘At-Fault’ party and their insurance company should pay for any damages and losses.
As such, in order to prove fault in an automobile accident, the actions of every party involved is taken into account. The aim is to determine the person or persons who were negligent. If a party is found to have failed to take caution or care, and their actions contributed to the accident, that person also bears the responsibilities.
What If Car Manufacturer’s Part Defect caused The Injury?
If a defective manufacturer’s car part causes you injuries or it is the cause of a car accident, you may have an additional case from which to seek compensation. In the few past years, many people have experienced additional injuries due to defective car parts in an accident. A good example was the Takata Airbag system, which caused injuries and even death when they deployed. That is because when they deployed, they sent shrapnel, which caused injuries.
There are also some defects which caused accidents to occur. Examples of defective parts may include brake system failures, stuck acceleration pedals, master computer failure while in motion, and ignition switches failing while the vehicle is in motion. There are many such parts that have been recalled, and even though that is the case, they are not absolved from the responsibility. With the help of an attorney, you will be able to determine if your injuries were as a result of a defective car part, and if so, seek compensation on your behalf.
The Nevada’s Comparative Negligence Standard
In a situation where more than one party contributed to the accident, Nevada car accident law allows apportionment of fault for each party. What does this mean? Well, it simply means that courts will compare all-party negligence, and each party will be assigned a percentage of responsibility.
With this law, if your level of responsibility exceeds 50%, then you will not get any compensation. However, if the responsibility level is less than 50%, you will still get compensation for your damages. This law is found under the NRS 41.1, Nevada’s comparative negligence statute. However, you should note that the compensation amount reduces by the percentage you are found to be at fault.
Types Of Supplemental Insurance
Comprehensive – This covers vehicle damages due to other causes but not accidents. It covers things such as flooding, falling objects, and theft.
Personal injury protection (PIP) – This coverage is also known as no-fault insurance. It covers things such as medical bills, lost wages, rehabilitation costs, and passenger damages.
Uninsured or underinsured cover – This coverage will protect you if you are involved in an accident with someone who does not have insurance or sufficient insurance coverage to compensate you for the losses.
MedPay – This covers medical treatment for any injuries the policyholder driver or passengers, without considering who is at fault.
Collision – This insurance cover will cover any damage to the vehicle resulting from a crash, no matter who is at fault.
Insurance Do’s And Don’ts
The Dos: –
• Get a copy of the accident report (it is wise to review the report for accuracy as it is a crucial piece of evidence that will support your claim).
• Always be honest with the insurance company (a little misrepresentation of facts can result in a coverage denial).
• Review your insurance policy (it is important to understand the terms of agreements with the insurance company, which, of course, may affect the outcome of your claim).
• Take pictures and try to gather evidence (these documents will help your case and serve as proof to all your claims)
The Don’ts: –
• Do not admit fault (anything you say might be used against you. Do not apologize as it might be taken as an indication of fault).
• Do not accept the first offer (every insurance company will open with a low offer, hoping that you will accept the settlement for less than your claim is worth).
• Do not give recorded statements (many insurance companies will try to get you to record a statement to find and prove story inefficiency. Doing this will affect your compensation).
• Do not wait to correspond with the insurer (all successful claims depend on timely claim submissions and follow-ups)
Steps To File Insurance Claims
• Contact the police after the accident – The insurance company will most likely request a copy of the police report, which contains all the details.
• Contacting the insurer – While contacting your insurer, you should be in a position to provide them with basic facts about the other vehicle. You should also be able to describe the severity of the damage, the time it occurred, the location, and vehicle description. This also includes their plate number.
• Follow-up with the insurance adjuster – The first thing the insurance company will do is assign you to an insurance adjuster to work your claim. They are most likely going to ask for more details regarding the accident. Cooperate with them, but keep in mind that your conversations are being recorded, and therefore, you should always stick to facts.
• Vehicle damage inspection – The adjuster may request to inspect the vehicle and ask you to take the car to a certified repair shop for an estimate.
• Review – the adjuster will review everything, including the case, policy details, and damages.
• The initial offer – after reviewing, the adjuster will give you an offer.
• Negotiations – if the initial offer is not satisfactory, you or your lawyer may get into a settlement negotiation. During this time, you will use the evidence you have collected including pictures to request an amount you deserve.
• Resolution – Through negotiations, you will be able to come to a decision that both sides agree to. The moment you have reached an agreement, you will sign a release, and the adjuster will authorize payment.
Car Accident Attorney Frequently Asked Questions
Question: Do you have experience handling cases like mine?
Answer: It is important to search for a lawyer with experiences with cases like the one you have. You also want to ask about past results.
Question: What is your fee structure?
Answer: a good attorney is one who is able to clearly answer any question you may have about fees and expected representation costs. You should also ask about advance payments and expenses. There are situations where a lawyer will work on your case for free but take a certain percentage only after the deduction of appropriate costs and you have received compensation.
Question: How long will my case take?
Answer: The truth is that each case is different, and there isn’t a definite answer. However, a good lawyer should be in a position to provide estimation and case insights. In other words, your attorney should be in a position to give you step by step progress.
Question: Who will be handling my case?
Answer: Commonly, consultations happen with one attorney, but someone else will do the work. It is paramount to know the person who will work your case, including the name and contact details. You will want to keep in touch with them by establishing a method of communication.
Question: Which roles will be mine?
Answer: Your attorney will describe and outline your role in the case as you progress. That is because each stage comes with different requirements. For example, your role during the initial stages is just providing a detailed account of what happened in the events leading to the accident. Later these roles change, and the lawyer will work out the rest.