Frequently Asked Questions

If you sustained painful and expensive injuries due to another person or party’s negligence, you might be entitled to recover compensation for your losses. At De Castroverde Accident & Injury, we are dedicated to helping the victims of negligent accidents recover generous settlements for their injuries, and we can help you hold the responsible party liable for their harmful actions.

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A Las Vegas personal injury lawyer from our team can get to work for you today. To learn about your rights and options, contact our firm or read on for answers to some of the questions most commonly asked by victims.

Questions Our Team Frequently Receives

When Should I Talk to a Lawyer’s Team?

You may want to seek legal help soon after you suffer injuries. The sooner you get a lawyer involved, the better chance you have of gathering evidence before it disappears and talking to eyewitnesses before they forget what happened.

Talking to a lawyer’s team early in the process also gives us more time to build your case. If you come to us right before the statute of limitations expires, we will have limited time to gather evidence, determine a value for your case, and build a robust case.

However, we can help you at any step of the process, whether you are looking into filing a claim or want to file a lawsuit against the liable party.

How Is De Castroverde Law Group Different From Other Las Vegas PI Firms?

We Are Family-Owned and Family Run

De Castroverde Accident & Injury Lawyers is a family firm. We treat our clients like family and fight for them the way we would fight for our brothers, sisters, and parents. Alex and Orlando De Castroverde got their start in the legal world by helping their father, Waldo, in his office. Later, they followed in his footsteps, opening De Castroverde Accident & Injury Lawyers with Waldo in 2005.

Most of Our Team Is Bilingual

Founded as a Spanish-speaking Las Vegas firm. Most of our attorneys speak both English and Spanish and can represent you in whichever language is most comfortable for you.

We Meet You In-Person

We meet clients face-to-face instead of handling all business over the phone.

We Are Involved in the Las Vegas Community

We support our community in many ways, but our focus is on education. We award scholarships to students in the area as well as the biannual DLG Teacher Appreciation Award to three special teachers each season.

You can see the difference when you meet with us for a free consultation.

When Can I Expect to Hear Back from DLG?

We are available 24/7. Our intake specialists process your form as soon as they receive it and set you up with the proper team of law experts for a consultation. If you need further support or have questions for our team, we are available by phone or text anytime.

Commonly Asked Lawsuit Questions

How Much Will My Case Be Worth?

Every case is different, and there are several different factors that affect how much your case is worth. Your attorney will need to assess to determine the type of settlement that is appropriate for your injuries and losses. Those factors may include:

  • The severity of your injuries
  • How long will your injuries affect you
  • Your age
  • Your profession
  • Whether you are able to continue working
  • The pain and suffering you are enduring

Your case’s worth could be dependent upon a variety of factors such as:

  • Medical expenses that are the result of the negligent defendant, such as emergency medical care, medical supplies, doctor visits, rehabilitative care, therapy, and traveling expenses to receive medical care
  • Future medical expenses that are expected for your recovery
  • Your injuries’ lasting effects upon your physical capabilities and mental health
  • The psychological damage that resulted from the defendant’s negligence
  • Wages you lost during your recovery
  • The loss of future wages or earning capacity because you were permanently injured or disabled

The state of Nevada has placed a $350,000 cap on non-economic damages related to medical malpractice. For non-medical cases, there is currently no cap on non-economic personal injury cases in Nevada.

How Does DLG Get Paid?

The De Castroverde Accident & Injury Lawyers team is paid on a contingency-fee-basis. Our payment is contingent on your case winning. A contingency-fee basis means:

  • We do not accept a retainer.
  • You pay no upfront fees or costs.
  • You do not pay for our time out of pocket.

You do not pay us for our time unless and until we obtain compensation for you. We recover our payment via a percentage of your verdict or court award. This percentage ranges from 30 to 40 percent.

We will discuss our pay scale during your initial consultation.

What Kind of Lawsuits and Cases Does DLG Handle?

We handle all types of cases and recently began work on Mass Tort cases. Our expanding team of legal experts has a variety of specialties. We provided some common personal injury claims and important “must-knows” when filing a claim or considering a lawsuit.

Car Accident Claims

Nevada is a fault state, which means that a driver who causes an accident is liable for any injuries that occur. You can recover compensation for your damages if you are injured in a car accident. Common car accidents in Nevada include:

  • Rear-end collisions
  • Drunk driving accidents
  • Distracted driving accidents
  • Uber/Lyft accidents

For more information on car accident claims in Nevada and how they may affect you, refer to the Nevada Revised Statutes.

Commercial Truck Accident Claims

If you were injured in a truck accident in Nevada, you may believe the driver is responsible for your injuries. In certain circumstances, the driver’s employer may be partially or completely responsible for your claim.

The companies that employ truck drivers set certain guidelines and standards. If their employees do not follow these guidelines, the company itself may be liable for the actions of its drivers. Also, some companies push their employees to ignore state and federal safety mandates. Some examples include:

  • Companies may overload their trucks past recommended weight limits.
  • They may encourage their drivers to continue working and ignore the daily limits for driving.

These circumstances have exceptions. If the truck driver was intentionally and maliciously trying to hurt you, the company would not be responsible. Because these situations can be complicated, our Nevada personal injury firm can help you decide your best course of action.

Motorcycle Accident Claims

Many of the rules of the road apply to motorcycles in the same way as four-wheeled motor vehicles. Some of these differences in motorcycle accident laws in Nevada (NRS 486) are outlined below.

  • Lane Splitting

Sometimes, a motorcycle driver will ride between stopped cars in traffic. Because of their small size, they are not as hampered by traffic jams as regular cars and trucks. While some states allow lane splitting, Nevada does not.

  • Motorcycle Helmets

The state of Nevada stipulates that motorcycle riders must wear helmets on public roads. This law also applies to passengers. These helmets are required to meet safety protocols established by the United States Department of Transportation or DOT.

If you are driving your motorcycle while not wearing a helmet in Nevada and are involved in an accident with another car, the third-party’s insurance company may try to disallow your claim. This does not mean you can’t file a claim and possibly win your case, but your claim will likely be more challenging. A motorcycle accident lawyer can review your case and outline your legal options.

  • Side-By-Side Motorcycle Riding

According to the Nevada Departments of Public Safety & Transportation, motorcycles are allowed to ride next to each other. However, this law only applies when both motorcycle drivers consent to ride side-by-side.

If you are riding next to another motorcycle and the driver of a four-wheeled vehicle causes you to have an accident and sustain injuries, you would be within your rights to seek damages from the driver of the car.

Pedestrian Accident Claims

Pedestrians are not immune to Nevada traffic accidents. There are ample dangers to you, and Nevada pedestrian laws are in place to protect you. As a state with a lot of tourists, drivers often cause easily preventable accidents.

Nevada drivers may injure pedestrians because:

  • They are taxi drivers scrambling to reach their customers.
  • Limousine drivers often carelessly go in and out of parking lots without checking for pedestrians.
  • Shuttle drivers hurry to get airline passengers to their flights on time.

These distracted and careless drivers pose significant problems for pedestrians. Additionally, drunk drivers and speeders create even more danger, but that’s not all. Other possible situations that lead to pedestrian injuries include:

  • Hailing a Cab: Pedestrians often step out into the street as they try to get the attention of cars whizzing by. These pedestrians become so focused on the taxis that they fail to notice another vehicle driven by a distracted driver barreling down on them.
  • Families Walking Through Parking Lots: Parents trying to move their children through busy parking lots are often distracted. They are often carrying packages or wheeling luggage and trying to keep track of young children.
  • Entering or Leaving Hotels, Casinos, and Nightclubs: It’s no secret Nevada has a busy nightlife. The throngs of people entering or leaving a club or restaurant can be hard to see at night. When drivers aren’t paying attention to their surroundings, it’s easy for accidents to occur.
  • Walking Across the Street While Reading Guidebooks: Mobile phones aren’t the only distraction to a pedestrian’s gaze while in Nevada. Reading a guidebook as they cross busy streets is all too common. While pedestrians may assume cars will stop if they have the right-of-way, distracted drivers may hit them.
  • Elderly Pedestrians Crossing Streets Very Slowly: It takes some elderly people longer to cross the street. However, the longer they are in the street, the more they are at risk of injury from distracted or careless drivers.
  • Kids Going Home or Leaving School: Not every pedestrian in Nevada is a tourist. Students going to school or coming home after school lets out are just as likely to be involved in an accident involving a reckless driver.
  • Joggers: When pedestrians jog, they may do so while listening to music or talking to a friend on their mobile phone. This kind of distraction can make joggers more susceptible to injury from drivers.
  • Jaywalkers: Even drivers who pay attention to the road can cause an accident if they are not expecting a pedestrian to cross the street suddenly and in an improper location.

Between 2015 and 2019, pedestrian fatalities increased. During that time, 368 fatal pedestrian accidents were reported. According to the Nevada Departments of Public Safety & Transportation, the majority of these deaths occurred in Clark County.

Slip and Fall Accident Claims

Slip and fall claims happen when someone falls because of hazardous conditions where they are walking. Many of these accidents stem from a homeowner or business owner failing to notify the person who fell about the danger. Other times, the building owner is liable when they fail to take precautions and fail to prevent these hazardous conditions.

Slip and fall accidents have many possible causes. Some are listed below.

  • Potholes
  • Debris
  • Clutter
  • Unmarked hazardous areas
  • Broken handrails
  • Missing handrails
  • Tears in carpeting
  • Broken or cracked tiles
  • Wet floors
  • Grease on floors

If the business owner or homeowner of the building was negligent in protecting your safety, you might be eligible to seek financial compensation for your injuries. You may be able to file a claim for any medical bills, lost wages, and other damages from your fall. If you are not sure if your accident qualifies you for compensation, consult with a skilled Nevada personal injury lawyer.

What Is the Difference Between a Criminal Case and a Civil Case?

There are several differences between criminal and civil cases:

Civil cases hold a person or party liable for an injury. The point of a civil case is to obtain damages to make the person whole. Criminal cases punish an alleged “wrongdoer” for an offense.

The involved parties are also different in civil and criminal cases. Civil cases are typically one person or a group of people against one person or an organization. Criminal cases involve the government against a person or organization.

Another big difference between criminal and civil cases is the burden of proof:

  • In civil cases, the plaintiff must prove their case by a “preponderance of the evidence.” Essentially, this means that it is more likely than not that the defendant’s action or inaction caused the plaintiff’s injuries and damages.
  • In criminal cases, the prosecution must prove their case “beyond a reasonable doubt.” Essentially, the jury must be almost certain that the defendant is guilty of the crime for which they are on trial. If the prosecution cannot prove their case beyond a reasonable doubt, the jury must acquit.

Our team handles both civil and criminal cases.

Are a Verdict and a Settlement the Same? What’s the Difference?

A verdict and a settlement are not technically the same thing. A verdict is handed down by a judge or jury in court. A settlement is offered by an insurance company or liable party and accepted by the injured party.

What You Should Know About Settlements

A settlement reached out of court can be offered at any point in the process. While settlements are often offered before an injury case heads to court, the plaintiff’s and the defendant’s legal teams can continue negotiating during the trial.

Insurance adjusters often offer settlements soon after an accident or injury occurs. Getting an injured party to accept a settlement early can save the insurance company money as the victim may not know the full worth of their case yet. Settlements are much more common than verdicts.

What You Should Know About Verdicts

A verdict is the result of a jury trial. For a plaintiff to get a favorable verdict, their attorney must prove it is “more likely than not” that the defendant caused the plaintiff’s injuries.

How Long Do I Have to File a Claim or Lawsuit After My Accident in Nevada?

In the state of Nevada, victims typically have two years from the time of the injury in which to file a claim or lawsuit to seek compensation for their injuries and losses. This is called the “statute of limitations.”

In Nevada, the statute of limitations for personal injury cases begins on the day of your accident. There are also exceptions to this timeline that can change this date.

The Discovery Rule

Sometimes, a plaintiff may not know they are injured in the accident. When this happens, the court may allow the statute of limitations deadline to change to the date the victim became aware of their injuries. This would then allow the plaintiff two years to file a claim after this new date.

Why Act Quickly

While you have two years to file a lawsuit, you may want to act quickly to avoid evidence disappearing. Hiring a lawyer quickly also allows us time to build a case.

What Is Mediation?

Mediation also called a formal settlement conference, is a type of dispute resolution. During a mediation session, an impartial third party helps the involved parties settle an issue. Mediation is closer to a discussion than a court case.

The mediator keeps both parties calm and keeps the situation from escalating.

The mediator does not make any decisions; they only help the parties make a decision. This decision is also not legally binding.

What Does the Mediation Process Look Like?

The mediation process generally follows the same steps, which include:

  • Agreeing to mediate a situation
  • Reviewing the rules
  • Both parties present their case
  • A mediator helps both parties negotiate
  • Both parties agree to a fair settlement

Who Attends a Mediation Session?

Both parties, their attorneys, and the mediator typically attend mediation.

Why Would People Choose Mediation?

Mediation is often much less expensive than litigation or arbitration. Litigation involves court fees and discovery costs, can take months, and can be emotionally distressing.

People who go through litigation also have no control over the outcome. With mediation, the parties involved make their own decisions rather than give a judge or jury that power.

Our team can help you determine whether you may benefit from mediation or another process.

What Is Arbitration?

Arbitration is the process by which a person or persons (called an arbitrator) decides on an issue. The arbitrator reviews the case and then decides.

In many cases, arbitration occurs because one party signed a contract with an arbitration clause. This means that both parties must settle an issue through arbitration instead of court.

Arbitration can be binding or non-binding.

What Are the Different Types of Arbitration?

There are several types of arbitration:

  • High-low arbitration: Both parties agree to an award range in this type of arbitration. The arbitrator’s final award must be within this range.
  • Baseball arbitration: Each party submits one award proposal to the arbitrator. The arbitrator chooses one of those awards without changing the amount.
  • Binding Arbitration: The arbitrator’s decision is final.
  • Non-binding arbitration: The arbitrator’s decision is not final.

What Is the Difference Between Arbitration and Mediation?

There are several differences between arbitration and mediation.

  • In arbitration, an arbitrator makes the decision for the parties. In mediation, the mediator helps the parties make the decision for themselves.
  • Mediation is an informal process, like a discussion, while arbitration is closer to a court hearing.
  • Mediation is also less expensive than arbitration.

Is Arbitration a Better Choice Than Litigation?

This depends on your case. Arbitration is typically quicker and less expensive than litigation; however, not all arbitration is legally binding.

Our team will help you determine the best course of action.

Is Filing a Lawsuit Always Necessary? When Is it Necessary?

Filing a lawsuit is not always necessary. Whether you should file a lawsuit depends on your case. Filing a lawsuit may be necessary if you and your lawyer cannot get the insurance company to offer you a fair settlement. You may also need to file a lawsuit if the insurer acts in bad faith.

When It Might Not Be in Your Best Interest to Sue

If your case is worth a smaller amount, you may want to consider settling. Trials can be very expensive and take months or years to finish. Sometimes, it is not worth suing.

Our Team May Try Negotiations Before a Lawsuit

Our team is never afraid to go to trial. However, in some cases, your case may be better served by seeking a settlement. In that case, our team will try to negotiate a settlement before we file a lawsuit.

A Lawsuit Doesn’t Always Mean Trial

In many cases, the other party or their insurance company will offer a settlement to avoid a trial. If they do not offer a settlement immediately after we file our lawsuit, we can still continue negotiations throughout in an attempt to avoid putting you through a lengthy trial.

Our attorneys will determine whether or not it is in your best interest to sue the other party.

Is a Personal Injury Claim the Same as Filing a Lawsuit?

No, a claim is distinct from a lawsuit in a number of ways, and it is important to be aware of these differences so that you can choose the right legal option for your case.

  • Personal Injury Claim: In this informal process, the victim submits a claim with the defendant’s insurance company to seek compensation for their injuries and losses. The victim seeks to recover a reasonable settlement when filing a claim, and if the case cannot be resolved at this stage, they can then choose to file a lawsuit.
  • Personal Injury Lawsuit: When a victim files a lawsuit, they are taking formal legal action against the negligent person, party, government entity, corporation, or insurer. The merit of the victim’s lawsuit and the amount of compensation requested for their injuries and damages is evaluated by a jury in the court. In many cases, the defendant will attempt to settle with the victim to avoid courtroom proceedings.

Before deciding which action you should take, it is best to discuss your case with an injury attorney’s team. We can help you understand the options and laws involved in your specific circumstances.

What Are Damages (Compensatory Damages)?

While this guide has briefly mentioned the different kinds of damages, you may be entitled to, this is a good place in this guide to further clarify some legal terms.

Economic Damages

Several times so far in this guide, you have read the term “damages.” Damages refer to the losses you suffered after you were injured. Some losses are financial, such as medical bills and loss of wages if you can’t work while you are recovering from your injuries.

Other economic damages are any financial strain you experience because of your accident. Once you get out of the hospital, you may have ongoing therapy costs. Your injuries might be so severe that you cannot ever return to work. In this case, you could be compensated for the loss of future wages. While you technically have not earned those wages, your injuries would prevent you from having the ability to do so.

A partial list of medical, economic damages may include:

  • Costs for any emergency room visits
  • Bills stemming from urgent care treatment
  • Expenses stemming from ongoing doctor checkups
  • Diagnostic test bills
  • Ongoing therapy to help your physical recovery
  • Any medical bills in the future tied to your injuries
  • Prescription medication costs
  • Wheelchairs and other aids
  • Over-the-counter medication expenses

If you need treatment for psychological aftereffects of your injuries, these costs would be considered economic damages. If you suffer anxiety, depression, or other issues stemming from your damages, you could qualify for additional compensation. This also includes any medication or psychological counseling.

  • Understanding Lost Wages

While the idea of lost wages has been explored earlier in this guide, some additional details are necessary.

Losing your paycheck or salary because of your inability to work after your injuries is simple to understand, but lost wages go beyond just the paycheck. Your loss of income extends to tips if you work in an industry where gratuities are a regular part of your income. If your company often gives employees bonuses or other performance-based incentives, you may qualify for these forms of compensation.

If you cannot return to work, you might be forced to find a new job or career. This new career may not have the same income level you are used to. You may also miss opportunities from your old job for advancement or other rewards. Your economic damages may include compensation for these areas, too.

  • Property Damage Claims

If you were driving and your car was damaged because of another person’s negligence, your damages would include repairs to your car or other damaged property. If your car or other damaged belongings are ruined beyond repair, you may be able to use the current market value to receive additional compensation for the loss of your items.

  • Damages for Household Services

If you are too injured to do the things you were used to doing before your injuries, you may need some extra help around the house. Your compensation might include the costs of hiring outside help to drive your children to school or clean your home.

  • Future Economic Damages

A personal injury attorney from our team can help you determine the value of your case and calculate any future economic damages. For instance, you might experience ongoing or unexpected health issues stemming from your accident. Your attorney can help project these costs, which may end up being higher than your current economic damages.

Sometimes, your projected future losses can be much higher than your losses to date, so it’s essential to include future losses in the value of your claim.

Understanding Non-Economic Damages

Some of your damages because of your accident do not have a direct financial loss, or at least none that can be accurately calculated. These are intangible losses and are referred to as “pain and suffering,” as mentioned earlier in this guide.

Some non-economic damages include:

  • The Pain You Experience Stemming From Your Injuries

Having your medical bills paid for does not fairly compensate you for any pain you now have to live with.

  • Any Physical Disfigurement

An accident that disfigures you permanently is a catastrophic, life-altering experience. You deserve compensation for having to live with the duress and embarrassment of physical disfigurement.

  • Loss of Your Former Lifestyle

These losses are more difficult to calculate because they are not linked to specific dollar amounts. Your attorney can help you seek these damages with experts who can determine your case’s non-economic value. Its value will depend on your specific injuries, the circumstances surrounding your case, and other factors.

  • Damage to Your Reputation

You may suffer additional stress from public embarrassment or any damage to your reputation.

  • Loss of Enjoyment in Life

If how you live your life is permanently altered because of your accident, you deserve to be compensated for your damages.

What Are Punitive Damages?

Punitive damages are intended to go further than merely compensating a victim for financial loss and pain and suffering. Punitive damages are intended to punish the defendant for intentional violence. This goes beyond mere negligence and crosses over to malicious behavior.

The state of Nevada has laws limiting how much you may recover in punitive damages for a personal injury case, per NRS 42.005.

These limits are:

  • If your compensatory damages are less than $100,000, punitive damages are capped at $300,000.
  • If your compensatory damages are more than $100,000, any punitive damages are capped at three times what the compensatory damages are.

What Is a Letter of Protection?

A letter of protection is essentially an IOU. Your lawyer sends the letter of protection to your doctors and lets them know that you will pay your medical bills out of your settlement or verdict. This ensures that you receive the medical care you need while the doctor or hospital understands that you will pay your bills at a later date.

A letter of protection can be beneficial if you need an expensive procedure, such as surgery.

Why Would You Need a Letter of Protection?

Medical insurance companies often refuse to cover injuries that result from a car accident. This means that you may be forced to pay thousands of dollars out of pocket, as payment is typically required before you leave the facility.

A letter of protection also helps protect you from creditors. If the facility knows it will be paid back later, it won’t report you to collections.

A Letter of Protection Does Not Absolve You of Costs

As promised in your letter of protection, you must pay back all your costs at the end of your case. This is true even if you do not win your case. Our team will fight tooth and nail to get you the compensation you need.

What if an Insurance Adjuster Calls Me?

Soon after your accident, an adjuster from the other party’s insurance company may call you to get your account of the accident. In most cases, they will request a recorded statement.

Do Not Agree to Give a Recorded Statement

While the insurance company may claim that it needs a recorded statement from you, this is not true. This recorded statement can be detrimental to your case. The insurance adjuster can use anything you say in your statement against you. They may ask leading questions or pressure you into admitting that you are not injured or that you contributed to the accident.

We recommend that you deny any requests for a recorded statement and instead direct any questions the adjuster may have to our team.

Do Not Accept a Settlement Without Discussing With Us First

The insurance representatives for the defendant may try to use scare tactics and stalling strategies to pressure you into accepting an out-of-court settlement for a value far below your case’s true worth.

Your attorney can help you by negotiating financial terms on your behalf. They can fight for your rightful compensation and help you avoid harassing phone calls and other forms of unwanted contact from the third party.

Once you hire an attorney, all contact from the defendant’s representatives must go through your lawyer. This frees up your time so you can concentrate on recovering from your accident.

What if I Have a Pre-Existing Condition?

A pre-existing condition can complicate a personal injury case as the insurance company may claim it is not compensable. However, you can cover compensation if the accident worsened your pre-existing condition.

For example, let’s say you had chronic back pain from an injury you suffered before your accident. Another vehicle rear-ended you, causing you to suffer a spinal cord injury. This exacerbated your pre-existing back pain. You can recover compensation for the spinal cord injury as well as the worsening of your back pain.

Recovering compensation for a pre-existing condition can be complicated, but our team has experience handling these cases.

How to Link Your Worsening Pre-Existing Condition to the Accident

We can discuss your case with your doctor and have them explain how the accident made your chronic back pain worse.