Car accidents can vary from minor inconveniences to life-altering events. If you have been injured in a crash, it can take years to fully recover, if a full recovery is even possible.
The cost of medical treatment after a collision can be quite expensive. Securing compensation from the liable party is essential to being able to cover costs and move forward with your life.
At Pacific West Injury Law, we work diligently for our clients to help them recover the compensation they need after a crash. Our team of car accident lawyers in Winchester knows what it takes to get our clients the money they need.
Identifying the Liable Party
Before you can begin the process of recovering compensation after an accident, you must first identify all liable parties. While liability can sometimes be straightforward, it is often far more complex than it might at first appear. Several parties not directly involved in the collision could potentially hold a level of liability for the crash.
Fortunately, when you hire a car accident lawyer, they can help you determine who is at fault for your damages and assist you in building a compensation case against the liable party.
Steps of a Car Accident Lawsuit
When filing a car accident lawsuit against the liable party, there are several steps that must be taken. First, before filing, you need to determine who is at fault and begin to gather evidence to support your claim. Then, you can begin assessing your damages and calculate the full value of your claim. At this point, you are ready to file your lawsuit with the court.
After filing your lawsuit, the pretrial process will begin. Three of the main steps in the pretrial process include:
During the discovery phase, both parties will share the evidence they have gathered with opposing counsel. This allows both parties the opportunity to fairly build their case without any surprises that they are unprepared to properly argue against.
After discovery come depositions. Depositions are sworn testimony from witnesses and parties involved in the crash. This testimony is recorded and can be used at trial in certain situations.
Before proceeding to a trial, your case will likely go through mediation. In mediation, an independent third party will attempt to help the two sides reach a good settlement agreement and avoid a trial.
A Winchester car accident attorney can help you through every step in this process. Along with the steps listed above, your attorney will also be in continuing negotiations with opposing counsel as they attempt to secure a fair settlement deal.
Be Mindful of the Statute of Limitations
In Nevada, car accident victims have two years from the date of their collision to file a personal injury lawsuit against the liable party. This statute of limitations is codified under Nevada Revised Statutes 11.190.
However, the circumstances of your case may increase or decrease that time frame. Hiring an experienced car accident attorney as soon as possible after your crash is the best way to ensure you meet all deadlines.
If you do not file within the time frame allowed by the statute of limitations and your particular situation, you likely will not have any other path to recovering compensation.
Car Accident Lawyers Charge Their Clients Based on Results
One of the biggest reasons that some people choose to represent themselves rather than hire an attorney in car accident cases is worry about the cost. However, this should never discourage you from hiring an experienced lawyer in these types of cases because car accident attorneys charge their clients differently from many other types of lawyers.
While many lawyers charge their clients an hourly rate, personal injury lawyers typically work on a contingency fee basis. That means that your Winchester car accident lawyer only gets paid if you collect compensation. If you do collect, your attorney will recover a single fee, which will be a set percentage of the money you recover from the liable party.
Recoverable Damages After a Car Crash
There are several types of recoverable damages you may be eligible to receive after a car accident. Damages are divided into three main categories.
Any loss you suffer that impacts you financially is considered an economic damage. Common economic damages include:
- Lost wages
- Lost earning ability
- Property damage
- Home or vehicle modifications needed to accommodate a disability
- Medical bills
- Future medical expenses
All the rest of the losses you suffer as a result of your accident are considered non-economic damages. Common non-economic damages include:
- Pain and suffering
- Mental anguish
- Permanent disability
- Scarring and other disfigurements
- Loss of consortium
- Diminished quality of life
Punitive damages are not awarded to compensate an accident victim for any losses they have suffered. Instead, these damages are awarded as a way of punishing the at-fault party for their actions. Punitive damages are only awarded in extreme cases where the actions of the liable party were criminally negligent.
Get a Free Case Review From a Car Accident Attorney in Winchester
At Pacific West Injury Law, we know how devastating injuries suffered in a car accident can be. Our team of Winchester car accident attorneys will do everything they can to ensure you recover the compensation you need after a crash.
If you have been injured in a car accident, we are here to help. You can contact us by phone or through our online contact form to schedule a free case review today.