Published: August 13, 2023 | Jack Bernstein
If you’ve been involved in a Las Vegas car accident due to someone else’s negligence, you have the legal right to pursue compensation. This right stems from Nevada’s at-fault car insurance system, which holds the responsible party liable for damages. But how is fault determined, and what if both drivers share some blame? Let’s delve into these critical aspects.
Determining Fault in Nevada
In Nevada, determining who’s at fault in a car accident is pivotal for compensation claims. Here’s how it’s done:
- Evidence Collection: The evidence at the scene plays a crucial role. This includes photographs of the accident, witness testimonies, and any other relevant information that can help establish the events leading up to the crash.
Things like dash cameras and traffic cameras can also be used as evidence.
- Police Reports: When law enforcement officers respond to an accident, they create a report detailing their observations and any violations of traffic law. This report can be instrumental in determining fault, especially if one party was clearly in violation of traffic rules.
Modified Comparative Negligence
Nevada operates under a “modified comparative negligence” rule. But what does this mean for you?
- Shared Fault: In some accidents, both parties might share some blame. For instance, one driver might be 70% at fault, while the other is 30% responsible. In such cases, each driver can seek compensation, but their potential award is reduced by their percentage of fault.
- Compensation Impact: Using the above example, if you were 30% at fault and had damages worth $10,000, you’d only be eligible to receive $7,000 after the 30% reduction.
- 50% Rule: It’s essential to note that if you’re found to be more than 50% at fault in Nevada, you won’t be eligible to receive any compensation from the other party.
Situations Where You Can Sue
While any car accident resulting from another party’s negligence can potentially lead to a lawsuit, certain situations particularly warrant legal action:
- Severe Injuries: If your injuries are so severe that the costs exceed the at-fault driver’s insurance policy limits, you may need to sue to recover the full amount of your damages.
- Hit and Run Accidents: Leaving the scene of an accident without providing necessary information is illegal. If you’re a victim of a hit and run, you have the right to pursue legal action once the perpetrator is identified.
- Commercial Vehicle Accidents: Accidents involving commercial vehicles, like trucks or company cars, can be more complex due to the potential liability of the company owning the vehicle.
- DUI Accidents: If the at-fault driver was under the influence of alcohol or drugs, it not only increases their liability but can also lead to punitive damages in a lawsuit.
- Intentional Misconduct or Extreme Negligence: In cases where the accident was a result of intentional harm or gross negligence, you have strong grounds for a lawsuit.
Potential Damages in a Lawsuit
When suing after a car accident, you can potentially recover various types of damages:
- Economic Damages: These are tangible costs like medical bills, rehabilitation expenses, and lost wages due to missed work.
- Non-Economic Damages: More intangible, these damages compensate for pain and suffering, emotional distress, and loss of enjoyment in life.
- Punitive Damages: Reserved for cases where the at-fault party’s actions were especially reckless or malicious, these damages are meant to punish the wrongdoer and deter similar behavior in the future.
Statute of Limitations in Nevada
Time is of the essence when considering legal action after a car accident in Nevada:
- Time Limit: You have two years from the date of the accident to file a personal injury lawsuit. This deadline is crucial; missing it can mean forfeiting your right to pursue compensation.
- Exceptions: While the two-year limit is standard, there are exceptions. For instance, if the injured party is a minor, the clock doesn’t start ticking until they turn 18. It’s always best to consult with an attorney to understand any nuances that might apply to your specific situation.
Steps to Take After an Accident
The aftermath of a car accident can be overwhelming, but taking the right steps can significantly impact your potential claim:
- Immediate Actions: Prioritize your health by seeking medical attention, even if you feel fine. Report the accident to the police and gather as much evidence as possible, including photographs, witness details, and other relevant information.
- Consult an Attorney: Before discussing the accident with insurance companies or accepting any settlements, consult with an attorney. They can provide guidance on the best course of action and ensure you don’t inadvertently harm your claim.
The Benefits of Legal Representation
Engaging a lawyer after a car accident isn’t just about filing a lawsuit; it’s about ensuring your rights are protected and you get the compensation you deserve:
- Building a Strong Case: An experienced attorney knows how to gather the right evidence, consult with experts, and present a compelling case that maximizes your chances of a favorable outcome.
- Navigating Legal Complexities: The legal system can be intricate, with numerous procedures, deadlines, and nuances. A lawyer ensures you navigate these complexities effectively, avoiding pitfalls that could jeopardize your claim.
Why Choose Jack Bernstein Injury Lawyers
Selecting the right representation can make a world of difference:
- Decades of Expertise: With over 40 years in the field, our firm has a deep understanding of the intricacies of car accident settlements in Las Vegas.
- Proven Track Record: Our commitment to clients is reflected in our history of securing favorable settlements, ensuring they receive the compensation they deserve.
- Local Knowledge: Being well-versed in Nevada’s legal landscape means we can navigate the system efficiently and effectively on your behalf.
Car Accident Lawsuit FAQs
How long will my lawsuit take? It varies. While some cases settle quickly, others, especially complex ones, can take months or even years.
What if the other driver doesn’t have insurance? You can potentially sue the at-fault driver directly or make a claim under your own uninsured motorist coverage, if available.
Do I need a lawyer for a minor accident? It’s always advisable. Even minor accidents can have long-term implications, and a lawyer can ensure you’re adequately compensated.
How much will a lawyer cost me? Jack Bernstein Injury Lawyers charges no fees unless you win. Most reputable attorneys work on this contingency basis.
What if the accident happened a while ago? Nevada has a two-year statute of limitations for car accident claims, but there are exceptions. Consult an attorney to understand your specific situation.
Can I sue for emotional distress? Yes, emotional distress falls under non-economic damages, which can be claimed in a lawsuit.
How can I strengthen my car accident claim? Seek medical attention immediately, gather evidence, avoid discussing the accident with insurance adjusters without legal counsel, and consult an attorney early on.
In Las Vegas, the right to sue after a car accident is clear, but the process and potential outcomes can vary widely based on numerous factors. It’s crucial to understand your rights, the nuances of Nevada law, and the benefits of professional guidance to ensure you’re adequately compensated for your injuries and losses.
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If you have been injured in an car accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
