Car accident claims can become incredibly complicated in Nevada.
Each car accident is unique. So, there is no standard value for car accident claims. Determining the value of a car accident claim requires extensive legal experience.
Insurance companies don’t want to pay you and will do anything they can to devalue or delay your car accident claim.
The factors that could impact how much compensation you receive for your car accident claim include:
The Severity Of Your Injuries
The value of a car accident claim in Las Vegas increases with the severity of the injuries.
If your car accident results in only minor injuries, such as lacerations, whiplash, or concussions, the medical bills may add up to a few thousand dollars. However, medical bills can run into hundreds of thousands of dollars for catastrophic injuries such as Traumatic Brain Injuries (TBIs), Spinal cord damage, severe burns, amputations, or other types of injuries.
Victims of auto accidents should wait until they have reached maximum medical improvement levels to settle their claims.
In many auto accidents, injuries are apparent during the accident or from a follow-up medical examination. But in some cases, it may take longer for symptoms of underlying injuries to be detected.
Lost Wages
An injury from a car accident can leave you unable to work. Missing work can make it challenging to pay bills and support your family. Severe injuries often require months of medical treatment, physical rehabilitation, therapy, and strict adherence to your physicians’ orders and medical treatment plan. Speculating, guessing, or claiming that you might have lost wages is insufficient.
Documents that may be highly persuasive in supporting your claim include paychecks showing the wages/income you were regularly receiving in the months leading up to the accident; doctors’ notes that detail your medical treatment plan and how you are complying with it; correspondence from your employer verifying the number of months/days/hours you missed from work; and opinions of experts on your future earning capacity if you have suffered permanent, debilitating injuries.
The Strength Of Your Evidence
What kind of evidence do you need to prove your claim? Typically, your evidence should include the accident report; witness statements; video and photographic evidence; medical reports; and testimonies of expert witnesses.
In car accident claims, the injured party has the burden of proof to establish that the at-fault party caused the accident. Proving fault requires medical evidence. Medical evidence can prove that you were physically injured and that your injury caused you significant pain and suffering or mental anguish.
Just as the presence of medical evidence can help your claim, the lack of it can hurt it. Suppose you don’t receive treatment for your injuries right away. In that case, the negligent party and their insurer will likely argue that you couldn’t have been that injured because you didn’t see a doctor immediately after the accident. Damages can only be recovered if they are proven.
Remember, the more compelling evidence you can provide, the greater the likelihood of securing just and fair compensation for your personal injury claim.
Fault And Liability For The Accident
Even if your accident case seems straightforward, it is important not to assume that recovering compensation is straightforward. In most car accidents, the fault is assigned to the most negligent party. But frequently, all parties involved share some responsibility for an accident.
In some cases, the cause of a car accident may not be just a driver’s carelessness. An accident could be due to a vehicle part malfunction, unsafe road conditions due to sub-standard construction, or a mechanic’s negligent service.
Nevada law relies on a modified comparative fault rule with a 50% bar to recover to determine legal liability in car accident cases. An individual who is found to be more than 50% liable for an accident cannot seek compensation for damages.
The Extent Of Pain And Suffering
Car accidents can leave a lasting impact beyond medical expenses and property damage.
Pain and suffering is a broader term covering a wide array of physical and emotional consequences of an accident.
Pain and suffering refer to the physical pain you’ve experienced and will continue to endure due to your injury. They also account for the mental anguish of the accident and its aftermath.
Typically, attorneys will use a multiplier method to add up all of the economic damages and then multiply this by a set number (usually a number ranging from 1.5 to 5) to reach a figure for pain and suffering.
Insurance Limits In Nevada
Nevada laws require drivers in the state to pay for accidents they cause. Most drivers do this by buying auto liability insurance.
Nevada law requires all drivers to carry minimum liability insurance, so they can assume responsibility if they cause an accident that results in injury or property damage. Liability insurance doesn’t pay to repair your vehicle or to treat your injuries.
Coverage amounts are separated into three categories in Nevada – $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage per accident.
Insurance companies will only pay what they have to, which means that the total value of a claim may only reach the maximum level of insurance coverage that the at-fault driver has. If you have underinsured or uninsured motorist coverage, your insurance company could compensate you for damages over the at-fault driver’s policy limits.
Legal Representation
One of the most significant impacts on the value of a car accident settlement is whether the claimant has legal representation or not. Insurance companies in Las Vegas are well aware of the reputations of various lawyers and firms. These insurance companies know that a few accomplished lawyers and law firms are often willing to take a claim to court for trial if necessary.
Enlisting the services of a personal injury law firm of the stature of Pacific West Injury Law is likely to make the insurance company take your claim more seriously.
If you’ve just been injured in a car accident, how are you supposed to run around to investigate the cause of your accident and gather crucial evidence so you can prove liability? It just isn’t possible, at least not without the able guidance of an experienced Las Vegas car accident lawyer.
At Pacific West Injury Law, we understand the challenges and uncertainties you will likely face following a car accident that wasn’t your fault. Although it can seem demoralizing for you and your family, it is essential to know that help and support is available.
If you have been injured in a car accident in Las Vegas, Henderson, or North Las Vegas, having an experienced Las Vegas car accident attorney on your side can make a huge difference in your ability to recover compensation. Refrain from handling your claim alone or taking a chance with just any lawyer. Instead, let the legal experts at our Las Vegas personal injury law firm help you get the money you deserve. Contact us to schedule a free consultation today.