When you hire a car accident lawyer, they will look for many pieces of information in regard to your claim. They will acquire the official car accident report to determine who was at fault for the collision. They will then look into local and state laws to determine who bears liability for the accident. They will also assess your damages and losses to calculate the cost of your out-of-pocket expenses.
From there, your car accident lawyer will take a deeper look into the involved insurance policies to see if you have coverage options. Nevada follows a modified comparative negligence system, meaning that as long as you were not more than 50% responsible for the collision, you can recover damages.
If the police report designates you as the at-fault party, a lawyer can conduct their own investigation into the accident to argue otherwise. This may include a reconstruction of the accident or testimonies from eyewitnesses.
Nevada’s Car Insurance Requirements
According to the Nevada Department of Motor Vehicles (DMVNV), all motorists must carry car insurance by law. Their policies must carry a minimum of $25,000 for the bodily injury or death of one person, as well as $50,000 for the bodily injury or death of two or more people.
In the event that you are involved in a car accident with an uninsured motorist, your car accident lawyer will look into your own insurance policy to see if you have uninsured motorist coverage (UIM). This type of coverage is not required, however, so if you did not purchase it with your own insurance policy, a lawyer can explain your legal options.
Another form of insurance coverage that is not required by law is MedPay. This pays for medical expenses regardless of who is at fault for an accident, according to the Nevada Division of Insurance (DOI). If you were the at-fault driver in the accident, your lawyer can determine if you have MedPay and seek compensation through your own policy.
Evaluating Your Losses
After determining who was at fault for the accident and looking into the relevant insurance policies, a lawyer will assess your losses. One of the first things they will do is seek documentation from the medical professional who assessed your injuries. Your lawyer will ensure that your medical documents detail the full extent of your injuries, which includes how your injury will affect your health in the future.
This is an important step in the legal process because your lawyer will want to ensure that you suffer no further harm as a result of the accident. For example, a temporary or permanent disability due to your injuries could become an issue long after the accident. You may need months of physical rehabilitation, and your injury could cause you to miss work or suffer a reduction in your earning capacity, especially if you suffered a permanent disability.
Your lawyer will use this information to estimate what fair compensation could look like in your case. Along with your economic losses, your lawyer will work to establish proof of your non-economic damages. They may, for instance, ask you to keep a journal of your emotional turmoil after the accident.
Filing a Personal Injury Lawsuit
If your insurance policy or that of the at-fault party does not adequately cover your losses, your lawyer can take legal measures to help you recover fair compensation. They may also suggest this if an insurer does not offer fair compensation in the midst of the negotiation process. They can file a personal injury or wrongful death lawsuit on your behalf and represent you at trial, if necessary.
Your lawyer’s job is to protect your rights and seek fair compensation. They will not hesitate to file a lawsuit if they believe that an insurance claim will not result in a fair financial award for your suffering.
Call Bernstein & Poisson for Help with Your Case
You do not have to file an insurance claim or lawsuit alone. Your car accident lawyer will understand what course of legal action could meet the needs of your circumstances.
You can call Bernstein & Poisson for help with your case by dialing (702) 633-3333. We are eager to learn about your situation so that we can help you. Your first no-obligation consultation is offered at no cost. We can also describe what a car accident lawyer will look for in your claim.