5 Important Facts Your Attorney Must Know About Your Vehicle Accident
A car accident can be a harrowing experience. Often, the victims of these accidents are left feeling confused and unsure of what to do next. They may have physical injuries that need immediate medical attention. They may also be overwhelmed by the thought of dealing with the legal consequences of their accident.
After being injured in a car accident, it is in your best interest to speak with a Las Vegas personal injury attorney. Your lawyer can guide you through the legal process, ensuring that your rights are protected at all times. However, your attorney needs sufficient information to pursue a claim and seek the compensation you deserve. This information could make a huge difference in your personal injury case.
What Your Attorney Needs to Know
When you meet with an attorney in Las Vegas, there are five important facts that your personal injury attorney must know about your vehicle accident. These facts help them determine if you have a valid claim and ensure that you adhere to Nevada’s statute of limitations. They also guide the attorney toward the best route for pursuing your claim.
The five facts are:
1) The Date and Time the Accident Occurred
This is the most important fact that an attorney must know. They need to know the specific time and date of the accident to confirm that you are within the applicable statute of limitations. In Nevada, you must file your personal injury claim within two years from the date of the accident. Failing to file a lawsuit by this deadline can result in an automatic dismissal, and you will be barred from seeking compensation against the negligent party.
Knowing the time and date can also help your attorney gather video footage and other evidence of the accident for your case.
2) Details Surrounding the Accident
Your Las Vegas personal injury lawyer must also know how the accident occurred; what you were doing before, during, and after the accident; and if the other party admitted to fault. This information can help build a stronger case against those responsible for your injuries and losses.
The more details you can provide about your accident, the better prepared your attorney will be when dealing with insurance companies, opposing counsel, and other parties. While obtaining a police report is also helpful, it may not include all pertinent information regarding a civil claim.
3) Injuries and Losses Suffered
This information is important because it helps your attorney establish how much your case is worth and determine if filing a lawsuit is your best option. You will need to provide medical records detailing your injuries, medical bills, proof of lost wages, and other financial losses you have endured because of your accident. The severity of your injuries and losses typically determines the amount of compensation we will pursue.
4) Types of Vehicles Involved
Accidents involving commercial vehicles and government-owned vehicles have different rules than accidents with regular passenger vehicles. Therefore, your attorney will need to assess any special circumstances or limitations in conjunction with your case.
5) If You Were at Fault
Your attorney must know if you violated any traffic laws or may be partially at fault for the accident. Even if you are partially at fault, that does not necessarily mean you cannot seek compensation. Your attorney will determine your percentage of fault, what laws were broken (if any), and how they might impact your case.
In addition to fault, your attorney will also need to know what caused the accident. The most common causes of vehicle accidents include:
● Speeding
● Distracted driving (such as texting or calling while driving)
● Driving under the influence of drugs or alcohol
● Failure to stop at a stop sign or red light
● Failure to yield the right-of-way
Nevada law uses comparative negligence (NRS 41.141) to calculate damages. Your lawyer will work to minimize your share of negligence and maximize the amount of compensation you are seeking.
When to Contact an Attorney
You should call a Las Vegas personal injury attorney as soon as possible after your vehicle accident. In many cases, hiring an attorney early on is a game-changer for injury victims. If you wait too long, other parties may have time to conceal evidence or change their stories – making it harder to prove they were at fault.
In addition, Nevada state law limits the amount of time you have to file a personal injury claim. You need to file a claim within two years for both personal injury and product liability claims (if your accident was caused by a defective car part or manufacturer defect). If this deadline expires and you do not have an attorney representing your interests, you could lose out on compensation altogether.
The Role of a Personal Injury Lawyer
After being injured in a car accident, most people want to know their legal rights. A Nevada personal injury lawyer can guide you through this process and provide many valuable services, including:
#1. Determining if You Have a Case
Your attorney can help determine if there is enough evidence against the liable party to proceed with your case. This may include meeting with experts who can testify on your behalf and gathering evidence such as police reports and video footage.
The severity of your injuries will also determine the viability of your case. If you suffered severe injuries, such as traumatic brain injury (TBI) or spinal cord damage, you will likely need medical help for years to come.
#2. Investigating the Cause of Your Accident
After accepting your case, the first thing an attorney will do is investigate what happened at the accident scene. It is important to determine who was at fault and how negligence contributed to the accident. Your attorney may contact eyewitnesses, work with accident scene reconstructionists, and more.
#3. Communicating With Insurance Companies
No one wants to deal with insurance companies on their own. Your lawyer can communicate and negotiate with insurance companies on your behalf and complete any necessary paperwork.
#4. Proving Your Damages
Your lawyer will prove your damages according to Nevada law. These may include:
- Pain and suffering
- Lost wages
- Medical bills
- Rehabilitation costs
#5. Calculating Future Medical Expenses
An experienced personal injury attorney knows how to calculate and fight for future medical expenses, including surgeries, physical therapy sessions, medications, or other treatments. Your lawyer will consult with doctors about your anticipated medical needs, including monitoring and evaluation, rehabilitation, clinical visits, and other future procedures.
#6. Gathering Evidence Against the Other Driver
To prove that the other driver was at fault, your attorney will gather all the facts about what happened at the scene of your crash as well as the other driver’s history (including any traffic violations or previous accidents they were involved in). This information can be used in settlement negotiations or in court.
#7. Negotiating a Fair Settlement
Your attorney’s goal is to get you the best possible compensation for your auto accident case. Therefore, they will negotiate with the insurance company on your behalf based on the damages you have suffered. This process can take several months but often results in a successful settlement.
Speak with a Las Vegas Accident Lawyer Today
Immediately after your accident, you should speak with an attorney. By scheduling a consultation early, you can preserve evidence and ensure that you do not miss any critical deadlines for filing your claim.
The car accident attorneys at De Castroverde Law Group are here to help you file your claim and protect your right to compensation under the law. Contact us today to schedule your free consultation.