If you have been in a car accident and suffered injuries, you could be off work and have extra bills piling up. You may be wondering how much you could receive in a settlement. The other driver’s insurance company may be calling, trying to offer you a low-ball settlement.
Don’t take it. In fact, don’t even speak with anyone about the accident. Instead, call an experienced car accident attorney.
Is Filing a Lawsuit Necessary to Receive Compensation?
If the other driver knows they were at fault and their insurance company does too, you will likely hear from the insurance company with an offer. While you could accept that offer, you can be sure that it is far less than you deserve.
After all, an insurance company is in the business to make money, not spend it. The adjuster works for the company and will try to get you to accept as little as possible.
That is why you should hire a knowledgeable personal injury lawyer. In Las Vegas and the surrounding area, call Pacific Injury Law.
Will You Have to Go to Court?
While your attorney will try and negotiate a settlement with the other driver’s insurance company, getting you the compensation you deserve may not be easy. It may be necessary to file a lawsuit. 95% of car accident cases settle out of court.
Neither party wants it to go that far. You would like to receive a settlement faster than the court process could take. Going to court will cost the defendant much more.
Ultimately though, the decision is yours. While your lawyer will provide you with their opinion through their experience if you feel you are not receiving proper compensation through a settlement offer it is your right to have a jury or bench trial.
How Is Compensation Determined?
While you may like to know upfront what your case is worth, determining that amount is complicated. Many considerations must be factored in, such as:
- The severity of your injuries
- What medical tests and treatment you have undergone
- Medical treatment and therapy you may need in the future
- If you have lost time from work
- If your injuries are permanently disabling
- If your quality of life has suffered
While some of your damages come with a price tag, others are more difficult to calculate. Once your legal team is able to review what damages apply to your case, they will be able to determine a financial figure you should seek in compensation.
How Is a Potential Settlement Offer Reached?
Your compensation will depend upon the bills that you have incurred from the accident, as well as the non-economic stress and strain you have been and may be under into the future. Your economic damages could include:
- Medical bills directly from treating your injuries
- The expense of future medical care
- Loss of income and benefits
- Future loss of income
- Damages to your car and other property
Your non-economic damages do not come with a bill but are just as real as those that do. Non-economic damages provide compensation for the disruption the accident has made in your life. For example:
- Physical pain and suffering
- Disfigurement and scarring
- Emotional and mental anguish
- Loss of enjoyment of things you used to enjoy in life
- Loss of companionship with your loved ones
- Loss of consortium
Your car accident lawyer will speak with experts and use past case examples to apply financial figures to your suffering. That will be added to your economic damages to come to a viable settlement offer.
Who Can Be Held Accountable for Your Car Accident?
To determine who is liable for your accident, your attorney will need to get to the reason for it, and that will take investigating. Generally, car accidents are due to driver negligence, but not always.
We often hear of recalls for faulty parts in cars and other products. It could be that the car manufacturer and/or the manufacturer of a part used in the car are at fault. There are also times when a mechanic performed improper repairs, and the repair shop could be liable.
Was the Other Driver Working?
If the other driver is responsible for the accident, the buck does not always stop there. If they were working at the time, their employer could also be liable. If the other driver is a private contractor with a ride-share and was on the clock, the ride-share company could share liability.
These are all things your lawyer will look at while investigating your accident. Your attorney and their legal team must conduct a separate investigation as they will be checking for specificities to benefit you that others may overlook.
Is There a Time Limit to File a Car Accident Claim?
Yes. In Nevada, you have up to two years from the date of the accident to file a lawsuit. However, there can be exceptions that could affect that statute of limitations. For example, the lawsuit involves a government agency or employee who was on the job.
This is one of the many good reasons to hire a car accident lawyer sooner, rather than later. An experienced personal injury lawyer knows of possible exceptions and will see that you do not lose out on your compensation due to a technical error such as a late filing.
In addition, memories fade with time. You should get your recollection of your accident along with that of witnesses recorded as soon as possible. Furthermore, you should allow your attorney as much time possible to properly investigate your accident and prepare your case.
Contact Pacific West Injury Law to Help You Get a Proper Settlement
While money cannot undo the injuries and damages you have suffered, it will repair your vehicle, pay your medical bills, and help you get your life back in order. When you contact Pacific West Injury Law, you can rest assured we will fight to get you proper compensation for your car accident.
Call us today for your free initial evaluation. Then let us negotiate for the best settlement in your case.