Las Vegas Car Accident Lawyer

Nevada operates under modified comparative negligence. This means that even if you are partially at fault, you can still claim damages, but your compensation will be reduced by the percentage of fault you hold. For instance, if your damages equal $100,000, but you are 20% at fault, your compensation will be reduced to $80,000. This is true as long as you are less than 50% at fault. If you are 51% at fault, you will be barred from any injury claims. The modified comparative negligence rule is an important reason to have a lawyer on your side as insurance companies are notorious for trying to push more fault on you than you deserve in order to reduce the amount of compensation they have to pay out. Your lawyer will fight against this fault and will work hard to find evidence to prove who the at-fault party really was.

The deadline or statute of limitations to file a car accident lawsuit is generally 2 years from the date of the accident. If a death occurred as a result of the accident, the statute of limitations becomes 2 years from the date of the death. For property damage, the deadline is 3 years from the date of the accident. There are a few exceptions to these rules, however. If the injured party is a minor, the clock does not start until they turn 18. If the injury is not discovered right away, the clock may not start until the date of discovery, or when you reasonably should have discovered the injury. If you are considering filing a car accident injury claim, reach out to your lawyer to make sure you are still within the statute of limitations.

Most cases tend to settle outside of court, but in some situations where an agreement cannot be reached, you may have to bring it to court. Your lawyer will be walking through this process with you and will guide you on the best time to move forward in a lawsuit. Litigation will start with filing a complaint. The process will move through with a discovery phase, motions and hearings, mediation/arbitration (as a last attempt to settle), and a trial. You must attend the trial. Your lawyer will represent you and will advise you through the entire process. Court cases can take 1-2 years to complete, but if you are not offered a fair compensation from insurance, it can be worth it to make sure your economic and non-economic damages are covered.

Any evidence possible can be helpful when it comes to strengthening a car crash injury case. The goal is to show that the other driver is at-fault and that your injuries resulted from the accident. The best evidence to do this is police reports, photos, videos, witness statements, surveillance footage, medical records, medical bills, pay stubs, accident reconstruction expert reports, and more. This evidence is important as it makes it harder for the insurance company to put any blame on you, reducing your compensation. Bring everything you have to your lawyer during your consultation and your lawyer will work hard to find anything else that could benefit your case.

Our lawyers at Goldberg Injury Law strongly recommend that you do not directly speak with the at-fault party’s insurance company after an accident. The insurance company will be out to do whatever they can to protect themselves. They can take things that you say and use them against you and they may even put pressure on you to take a low settlement. Instead, reach out to our lawyers who will talk with insurance on your behalf, ensuring your rights are protected and you get the compensation you deserve.

Fleeing the scene of a car accident is a crime in Nevada. If the accident only caused property damage, the at-fault party could face a misdemeanor. If it caused an injury or death, the at-fault party may face a felony. If you have been in a hit-and-run accident, you should call 911 right away and report the accident. If you are able to get the fleeing vehicle’s make model, color, license plate, or any other information, do so. Take photos of the accident scene, gather witness information, and stay at the scene of the accident until help arrives. When it comes to getting coverage for your damages, you may have to file an insurance claim with your own insurance until the fleeing driver is found.