Car accidents are unpredictable events that can cause serious, life-changing injuries. Many accident victims require expensive medical treatment and may lose income if they are unable to return to work while they recover from the crash. Crash victims may also face issues with property damage, pain and suffering and more.
If you or a loved one has been injured in a car accident and you have questions about pursuing compensation, contact Bernstein & Poisson today. We have been helping the injured in Las Vegas since 2007 and our lawyers have a proven track record of success handling car crash cases – including a $9 million dollar settlement for a motorist that suffered a neck injury in a collision. Partners Jack Bernstein and Scott Poisson are personally involved in every single case the firm manages.
Reach out to a Las Vegas car accident lawyer at our law firm for a free consultation to help determine if you have a case. There is no obligation to hire us, there are no upfront fees if you choose to hire us and we only get paid when we obtain a recovery on your behalf.
How Do I Know I Have a Car Accident Case?
Multiple factors will need to be considered in order for us to determine if there may be a valid case:
- Specifics regarding how the crash happened
- Location, time and date of the car accident
- The type and severity of injuries sustained
- Evidence collected (photos, witness statements, etc.)
Nevada is an at-fault state, meaning the responsible party may be liable for your damages if it can be proven that negligence played a role in the crash. Elements of a negligence case include:
- The responsible party owed you a duty of care to not cause you injury
- This duty of care was breached by failing to act reasonably
- His or her failure and not something else caused your injury
- You suffered damages (medical expenses, lost wages, etc.)
If you have a viable claim, our firm is ready to gather the necessary evidence and build a strong case for you. It costs nothing to speak with one of our lawyers. We only get paid if you obtain compensation.
For a free legal consultation with a car accidents lawyer serving Las Vegas, call (855) 605-2959
Why Should I Hire a Car Accident Lawyer?
Accident victims who retain legal representation often obtain larger settlements than those who do not. An attorney can help you handle any and all accident-related losses.
At Bernstein & Poisson, you can expect:
- A dedicated advocate to negotiate with the insurance company
- A knowledgeable advisor, helping you compile evidence to support your case
- An experienced litigator advocating for your best interests either in or out of court
Our attorneys are experienced negotiators, with a history of winning favorable results for clients who have been injured. We are committed to fighting for your rights to ensure you recover full compensation for your damages.
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How Much is My Car Accident Case Worth?
Several factors are weighed to determine the value of a case. No two cases are alike. We will need to assess the extent of your injuries, length of time for medical treatment as well as your expected recovery time. This information can be discussed in further detail during a free case evaluation.
Damages you may be able to seek compensation for include:
These damages are awarded to help victims recover monetary losses linked to their injuries:
- Medical expenses – Medical costs arising from a crash may include ambulance services, hospital stays, surgery, imaging tests, medications and assistive devices (wheelchairs, crutches, etc.)
- Rehabilitation – An injury may require ongoing rehabilitation and physical therapy services.
- Lost wages – If you cannot work for some time due to a car accident, you may be able to recoup all lost income, both past and present. If you cannot work at all or in the same capacity as before and your earnings are reduced, you may be eligible for loss of future earning capacity.
- Property damage – If your vehicle or other personal property was damaged, you could get compensated for towing costs, vehicle storage fees, body shop repairs and replacement costs.
These damages are awarded to help victims deal with pain and other forms of suffering experienced:
- Pain and suffering – Pain and suffering can be physical and mental. These damages are based on the type of injury sustained, the seriousness of your pain and the prognosis for future pain.
- Emotional distress – This is a state of mental anguish that can take many forms. Examples may include fear, anxiety, depression, insomnia and humiliation experienced after the car accident.
- Loss of consortium – These are damages that a spouse or partner may be able to receive for the loss of services, support and care from a victim injured or killed due to another’s negligence.
Our Las Vegas auto accident attorneys understand the devastating impact that a serious car accident can have on victims and their loved ones. We are ready to pursue maximum compensation on your behalf.
Contact our Las Vegas Car Accident Lawyers today
Am I Eligible for Compensation If I Am Partially At Fault?
Nevada has a modified comparative negligence rule. Under this law, being partially at fault for a crash does not necessarily bar you from obtaining compensation.
You may still be eligible to recover some damages. Any award amount will be reduced based on your percentage of fault as long as you are not more to blame for the crash than the other parties.
For instance, say you are awarded $80,000 but deemed 20 percent at fault for the accident, your compensation will be reduced by $16,000. The total amount you would receive is $64,000.
If you are more than 50 percent to blame than the other party, you will be barred from compensation.
Having a lawyer by your side is important in cases where fault is in dispute. He or she can work to gather evidence to counter the insurance company’s attempts to assign you an unfair portion of fault.
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Auto Insurance Requirements in Nevada
Nevada requires that all drivers carry a certain amount of liability auto insurance coverage. At least:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage
Liability insurance protects you in the event you cause a crash and provides compensation for injuries and property damage sustained by the other parties involved. It can also help cover a family member driving your vehicle or anyone permitted to drive your vehicle, along with crashes in rental vehicles.
However, liability insurance does not provide coverage for you, your passengers, or your property. For instance, you will need separate coverage if your vehicle is damaged in a car accident.
If you are injured in an accident through no fault of your own, a car accident lawyer in Vegas could help you file a claim against the liability coverage in the other party’s auto insurance policy.
Drivers often purchase more than the minimum amount of auto insurance mandated by state law. Other types of coverage available for additional protection include:
- Collision – This coverage helps pay for accident-related damage to your vehicle regardless of fault, such as repairs to your vehicle or replacing your vehicle (in total loss cases)
- Comprehensive – This coverage protects you against non-accident damage to your vehicle, such as theft, vandalism, falling objects, natural disasters or fires.
Medical payments coverage or MedPay is another optional form of insurance coverage. It can help pay for medical expenses for you and your passengers in a car accident. This coverage is provided regardless of fault. MedPay will also cover medical treatment if you are injured as a pedestrian in a crash.
Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist (UM/UIM) coverage can help protect you or your passengers if the party responsible has no insurance or lacks enough insurance to cover all of your losses in a crash.
Insurance providers are required to offer this coverage, but it is not mandatory to purchase in Nevada. The minimum limits are $25,000 in bodily injury coverage per person and $50,000 per accident.
If you have UM/UIM coverage, you would make a claim against your own insurance company up to the limits of your policy as long as your coverage is greater than the responsible party’s policy limits.
For instance, say your case is valued at $100,000 but the responsible party only has $50,000 in coverage. Since you have more than $50,000 in coverage, you may be able to file an underinsured motorist claim with your own insurer to help cover the difference.
At Bernstein & Poisson, we are highly knowledgeable in the state’s liability auto insurance requirements and are ready to advise you of other coverage rules or exclusions that could possibly impact your claim.
Is There a Time Limit To File A Case?
Any insurance company, whether your own or the other party’s, is going to have its own deadlines to file a claim. Car accident lawsuits in Nevada, however, are governed by a statute of limitations.
State law sets a strict time limit on your right to bring a lawsuit. In most car accident cases this time limit is two years from date of the accident. If a family member was killed in a crash, filing a wrongful death lawsuit also has a two-year deadline from the date of your loved one’s death.
It is important to note that certain factors may shorten or extend the deadline. For instance, if the accident victim was a minor or the accident victim was unaware of his or her injuries, the deadline may be pushed back.
If you are unsure if your time to file has passed, we recommend that you reach out to one of our auto accident attorneys in Las Vegas for advice. Courts will likely dismiss your case if you miss the deadline.
How Can I Make My Car Accident Case Stronger?
After an accident, there are important steps you can take to protect your health and strengthen a potential case. We are ready to guide you through the process and answer any questions along the way.
Do Not Admit Fault
This is an important step, as apologizing or saying you were to blame could limit your ability to recover compensation. Do not admit fault to anyone, not even to your own insurer. Only a full investigation into the crash will reveal its cause, and you may be surprised to find that you were not to blame.
Report the Crash
You must notify the police or the Nevada Highway Patrol (NHP) if you are in a crash that results in injury or death. Property damage must also exceed $750. A police report will often indicate the cause of the crash and when another party was negligent, which could be helpful during settlement negotiations.
Put Together Evidence
When building a case, it is important to have as much evidence as possible. If you are physically capable, take pictures of the damage to your vehicle and any injuries you sustained. Retain copies of any medical reports as further proof of any injuries. Get the names of any witnesses and their contact information. A witness may be able to identify who is to blame for the accident and agree to provide a statement.
Seek Medical Attention
Be sure to see a doctor after an accident as soon as you can, even if you feel you have not suffered severe injuries. Some injuries, like whiplash or head trauma, could take some time to cause pain or other symptoms. Explain what occurred so the doctor knows what type of injury to look for.
Keep all receipts for expenses related to your accident including medical bills, meals, lodging, repairs and other purchases made in connection with pursuing your claim or recovering from your injuries.
Dealing with the Insurance Company
After a crash, you will be contacted by an insurance adjuster who will try to settle your claim as quickly as possible. It is important to know what to be aware of when dealing with the insurance company.
Regardless of how helpful an insurance adjuster may seem, he or she is not looking out for your best interests. In fact, it is an insurance adjuster’s job to protect the interests of the insurance company. Insurance adjusters are trained to minimize the amount of compensation paid out in claims.
Insurance companies are not obligated to treat you fairly or promptly. You may experience pushback if the other party is at fault for a car accident and you are trying to file a claim against his or her insurance company. The company may try to deny or delay paying your claim for as long as possible.
Insurance companies know that car accident victims are vulnerable and will offer to settle a claim right away. You are not obligated to accept the first settlement offer. It is usually a lowball offer that does not represent the full value of your case. It is best to consult with a lawyer before agreeing to any offer.
A lawyer who is experienced in handling car accident cases can deal with the insurance company on your behalf and ensure that you receive just and fair compensation for your injuries and losses.
Our Firm Handles All Types of Car Accident Cases
No matter the accident type, we are here to fight for your rights and protect your best interests. Our firm is prepared to represent clients who have been injured in:
- Head-on collisions
- Multi-vehicle crashes
- Rear-end accidents
- Rollover accidents
- Sideswipe collisions
- Single-vehicle crashes
- T-bone accidents
The most common injuries suffered in these accidents are:
- Traumatic brain injuries
- Broken bones or fractures
- Spinal cord injuries
- Neck and back injuries
- Leg injuries
- Soft-tissue injuries
- Abdominal and chest injuries
- Organ damage
- Internal bleeding
Oftentimes, people do not realize the extent of an injury until a day or so after the accident, which can lead to further medical complications. This is why it is important to seek immediate medical care.
Driver Negligence That Can Cause a Crash
Our attorneys at Bernstein & Poisson have helped many accident victims over the years pursue compensation due to another’s negligence. If you have a case, we are ready to perform a detailed accident investigation, collect evidence, speak with witnesses and much more to build a strong case.
Driver negligence that can cause a crash include:
- Running a red light
- Failing to stop at a stop sign
- Failing to yield
- Talking on the phone or texting
- Driving while distracted
- Violating traffic laws
- Driving while tired
- Failing to use turn signals
- Driving while impaired
- Unsafe lane changes
- Aggressive driving
Contact Our Las Vegas Car Accident Lawyers Today
If you need help after a crash, do not hesitate to reach out to our Las Vegas car accident lawyers for a free consultation. We have recovered millions in compensation on behalf of our clients and are ready to work hard to seek the maximum compensation possible for your injuries and damages.
Contact us today to get started. There is no risk or legal obligation involved. We work on a contingency fee basis, meaning we only get paid if we help you obtain compensation through a settlement or verdict.
Our office is located about 10 minutes from the Las Vegas Metropolitan Police Department.