If you’ve suffered an injury because someone else was negligent, you’ve probably already been told to hire a personal injury attorney. However, not many people know exactly what personal injury attorneys do.
Personal injury lawyers help seriously injured people recover compensation. For instance, if you’ve been injured in a car accident that was someone else’s fault, a personal injury lawyer can negotiate with the insurance company or pursue civil legal action if needed.
Unfortunately, many people avoid getting in touch with personal injury lawyers, thinking they won’t be able to afford the fee. However, these attorneys almost always work on contingency, meaning they only receive compensation if you receive compensation. You don’t pay anything upfront.
While almost all personal injury attorneys work on contingency, some might have different payment arrangements. Before you agree to work with a given law office, make sure you understand how its payment plan works.
Understanding what personal injury lawyers do can help you with your claim.
Types of Cases Personal Injury Lawyers Handle
Personal injury attorneys are versatile and can handle a variety of cases, including:
- Car accidents
- Slip and fall accidents
- Wrongful death
- Medical malpractice
- Injuries due to defective products
- Property damage cases
- Dog bite cases
Some personal injury lawyers may focus on only a few types of injuries. For example, the law surrounding medical malpractice is notoriously intricate. Some attorneys exclusively focus on medical malpractice.
Evaluate Cases
If you’re an accident victim, you may have already set up a consultation with a personal injury lawyer. During a case evaluation, you sit down with a personal injury attorney and discuss the facts of your case. The attorney will be able to assess your situation and tell you whether you have a case.
It’s important to note that personal injury attorneys are selective when it comes to which cases they take on. After all, they only get paid if you win your case. Because each case requires considerable effort from the lawyer, personal injury attorneys only take cases they think they have a good chance of winning.
File Your Claim
Filing an insurance claim is a challenge even when you’re feeling your best. If you’ve just been severely injured, the claims process alone can be draining. Fortunately, personal injury lawyers have ample experience when it comes to filing insurance claims.
Some personal injury cases can’t be resolved with a claim alone. If you can’t get adequate compensation by negotiating with the insurance company, your lawyer can file a lawsuit on your behalf.
Gather Evidence
Almost as soon as they take a case on, personal injury lawyers start gathering evidence that could be useful in the courtroom.
The types of evidence that personal injury lawyers might look for include:
- Surveillance or other video footage of the injury
- Medical records
- Medical bills
- Witness statements
- Evidence of lost wages
- Police reports or accident reports
- Photographs of the scene of the accident, your injuries, or both
This type of logistical work is absolutely crucial to your case. As you may have guessed, it’s very difficult to do without the help of an attorney.
Talk to Insurance Companies On Your Behalf
Usually, the first payout an insurance company offers you after an accident is incredibly low. Insurers want to pay as little as possible, so they want to see if you’ll accept a small settlement. Often, these lowball offers don’t even cover medical bills.
Personal injury attorneys are experts when it comes to negotiating with insurance companies. Most personal injury cases are resolved with a settlement before making it to the courtroom. An experienced personal injury attorney can increase your chances of receiving a fair settlement without having to undergo the rigors of a trial.
Advocate for You In the Courtroom
If you and your attorney determine that the insurance company’s final settlement offer is too low, your case might need to be litigated in the courtroom. If this happens, a good personal injury attorney will be your advocate.
Help You Handle Tax Implications
If you are awarded a settlement, there may be tax implications you need to deal with. This process can be overwhelming if you aren’t familiar with tax law. However, your attorney can help make sure you understand state and federal tax laws that might impact your settlement.
Why Do You Need a Personal Injury Attorney?
Not sure whether you need a personal injury lawyer; here are a few reasons to hire one:
- Having a lawyer negotiate for you shows the insurance company you’re serious, so you’re likely to get a better settlement
- If your case progresses to the courtroom, your lawyer’s experience will be helpful
- Lawyers are familiar with the process, so they can be your guide
- When someone else handles the logistics of your claim, you can focus your energy on healing
- Personal injury lawyers don’t get paid unless you get paid, so you don’t risk anything by working with one
More often than not, working with a lawyer results in much higher compensation than you’d get if you negotiated with the insurance company yourself. Higher compensation can make a life-changing difference in your recovery.
If your compensation is low, you might end up in debt due to medical bills or an inability to work while healing. However, with sufficient compensation, you can cover your medical bills and replace your lost wages while recuperating. When you’re compensated adequately, you and your family can be spared significant financial stress.
Without speaking to a personal injury attorney, it’s impossible to predict how much compensation you’ll be able to recover. It depends on how you were injured, the severity of your injury, the extent of your medical bills, the dollar amount of wages you lost, and other factors.
When you have an experienced personal injury lawyer working with you, you dramatically increase your chances of getting a favorable outcome in your case.
Fault vs. No-Fault in Las Vegas, Nevada
Nevada adheres to a fault-based system for personal injury claims. This means the party responsible for causing your accident will bear financial responsibility for your damages. Damages may include compensation for medical expenses, property damage, lost income, and pain and suffering you or a loved one experienced.
If you are being blamed for an accident in Nevada, this can directly affect the damages you may recover. You will need to prove the other party’s fault in your accident and refute any allegations that your own conduct is partly to blame.
Being Blamed for an Accident in Las Vegas, Nevada
Parties involved in a Las Vegas accident, such as a car accident, slip and fall, or workplace incident, often look to assign blame. You may find yourself accused of causing the accident for several reasons. For example, in a car accident, another driver may allege you were speeding or distracted, which contributed to the accident and your injuries.
Many different parties can assign blame after an accident. These include other parties involved in the accident, as well as their insurance companies or the law enforcement officials investigating. Being blamed for an accident can quickly complicate your ability to seek compensation and the total amount you may recover. A Las Vegas personal injury lawyer can protect your right to financial recovery.
Can I Recover Compensation if I’m Blamed for an Accident in Las Vegas, Nevada?
You may be eligible to recover compensation if you are blamed for an accident in Nevada. This is because Nevada follows a “modified comparative negligence” rule. This rule states that even if you are partly at fault for the accident, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. A caveat is that if you are found to be more than 50 percent at fault, you will be barred from receiving any compensation from the other involved parties.
This shows the importance of accurately establishing fault in an accident since it directly impacts your potential compensation. If you are partially blamed, your total compensation may be reduced, or even completely barred if your share exceeds 50 percent.
What Is an Example of Comparative Negligence in Las Vegas, Nevada?
Comparative negligence may apply to any personal injury case. Suppose you were involved in a car accident in Las Vegas where another driver ran a red light, hit your car, and caused injuries. However, you were also speeding at the time of the collision.
Running a red light and speeding are both negligent acts. A judge or jury will portion the fault between you and the other driver in court. If it is determined that the other driver was 70 percent at fault for the accident because they ran the red light, you will be 30 percent at fault for speeding. Under Nevada’s modified comparative negligence rule, if your total damages amount to $100,000, you would be entitled to recover 70 percent, or $70,000.
Determining how much fault to assign between the parties can significantly impact your case’s outcome. It is a subjective process that requires presenting evidence to the judge or jury. An experienced Las Vegas personal injury lawyer can help establish the negligence of other parties and refute claims that your own negligence may be responsible for the accident.
How a Personal Injury Lawyer Can Help if You’re Being Blamed for an Accident in Las Vegas, Nevada
Being blamed for an accident can have serious consequences for your case. If you have been blamed, consult a Las Vegas personal injury lawyer immediately. A lawyer will take steps to protect your rights and defend you against allegations of fault from an insurance company or defendant in court.
A lawyer’s role includes:
- Investigating your case: A personal injury lawyer will start by thoroughly evaluating your case and liability amongst the parties. They will gather evidence and investigate how the accident occurred using accident reports, eyewitness statements, and other relevant documentation.
- Evaluating liability and fault: A personal injury lawyer will assess your potential liability for the accident. If you may be at fault, they will determine the extent of any liability and develop strategies to minimize your percentage of fault to protect your rights.
- Negotiating: A personal injury lawyer has experience and negotiation skills to present your side of the story and fight for a settlement offer that accurately measures your own liability.
- Trial advocacy: If your case goes to trial, having a seasoned personal injury lawyer to represent you is invaluable. They will present your case, challenge the evidence against you, and argue for the lowest possible assignment of fault. Your lawyer will also handle all legal filings, court appearances, and procedural matters, alleviating the stress and burden from your shoulders.
A lawyer will take steps to protect your rights. Schedule a free consultation today.
Contact an Experienced Las Vegas Personal Injury Lawyer
If you’ve suffered an injury because someone else was negligent, setting up an appointment with an experienced personal injury attorney is the best place to start. If your injury happened in Las Vegas, reach out to De Castroverde Law Group. Contact us today at (702) 222-9999 to set up a free consultation with our Las Vegas personal injury lawyer.
