Why do I need an attorney?
In this day and age, insurance companies are more conservative than ever in properly compensating injury claimants. This is even more true when they get to deal with an unrepresented claimant. Insurance companies did not get to be billion dollar publicly traded entities by just pulling out their checkbooks and paying out on injury claims. That is why it is so important to hire an experienced personal injury attorney to assure that the injured party is paid 100% of what is owed as opposed to 10-20%! I deal with insurance companies on a daily basis and have the experience to negotiate a fair settlement for my clients. There are circumstances when the client might not need the services of an attorney but to be sure it is best to sit down with an experienced attorney, like myself. You have nothing to lose since all my consultations are free.
What if I’ve already taken steps independently?
I do meet with clients that have attempted to take steps to handle the claim on their own, however, there are occasions in which the client may have done more harm than good in dealing with the insurance companies. It is best to get an experienced attorney on your side as soon as possible when you’ve been involved in an accident.
The insurance company said I don’t need an attorney—is that true?
Insurance companies prefer to deal with an unrepresented claimant so they get to call all the shots. Basically, if insurance companies treated injury claimants fairly and offered reasonable compensation, personal injury attorneys would be out of work. Since I offer a FREE consultation, it is best to meet with me first before dealing with it on your own.
Is my case big enough for a lawyer to handle?
The simple answer is YES. When a client meets with me for the first time, I won’t know the full extent of their injuries or the future damages that they may incur, such as more treatment, surgery, residual physical and mental complaints, loss of earning and earning capacity, etc. Together we determine how the accident might impact future activities in their daily life.
How soon after I am injured do I have to file a lawsuit?
Generally speaking, a lawsuit is not filed until the injured party completes their treatment. Only then would the attorney know the damages they sustained. This would include reasonable and necessary medical expenses, any future medical expenses, loss of earnings, loss of earning capacity, and general damages for pain and suffering. Typically, an effort is made to try and settle a claim beforehand since most attorneys will charge more to litigate a claim and file a lawsuit.
Do I still have a claim if my health insurance paid my medical bills?
Absolutely. You would still have a claim for any loss of wages and general damages for pain and suffering. In addition, even though your health insurance company paid for the medical bills, that would not relieve the responsible party and their automobile insurance carrier from compensating an injury claimant for their reasonable and necessary medical expenses. Be aware that some health insurance contracts require reimbursement when the claim is settled.
Can I still seek financial compensation if I was injured in a car accident and I was partially at fault?
Yes. The responsible insurance company will often attempt to assess fault to an injury claimant to avoid paying what they should for the accident. That is why it is so important to get an experienced attorney in your corner when dealing with an insurance company.
Will I have to go to court to receive fair compensation?
No. The majority of all claims are resolved without going to court, however, you want to make sure you retain an experienced attorney so you increase the odds of getting fair compensation without incurring the additional costs and fees associated with going to court.
What is “Pain and Suffering”?
There is no simple answer to this question. As an injured claimant, you are entitled to be compensated for general damages for “Pain and Suffering”, which is how the accident and associated injuries impact your daily routine. Although it is difficult to determine what damages you are entitled to for pain and suffering, an experienced attorney can guide you in documenting such damages.
What is the Modified Comparative Negligence Rule in Nevada?
Nevada follows a system using the Modified Comparative Negligence Rule. What this means is that if the trier of fact determines that the injured claimant is found more than 50% responsible for an accident, they recover absolutely nothing on their case. Moreover, if the matter actually goes to court and you are not the prevailing party, you could be responsible for paying the attorney fees and costs for the other party. This is something that should be discussed early on so that the injury claimant is not exposed for these fees and costs.