Should I Seek Medical Attention Even Though I Seem Fine?

It is extremely important to go to the hospital immediately after the accident; at the very least, you should be seen by your physician. You may not notice symptoms immediately, especially if you have suffered a concussion or an injury to the soft tissue. A delay in seeking medical help can weaken your case. The insurance company may use your delay to argue that your injuries are not serious enough to justify compensation.

Will My Health Insurance Cover My Treatment?

If you have health insurance, the hospital or your doctor can bill your insurance company. Depending on your policy, you may still be liable for copays or deductibles, but those amounts can be included in your suit.

What If I Do Not Have Health Insurance?

Certain hospitals and doctors will treat people injured in car accidents on a credit basis. If your automobile insurance includes personal injury protection or medical payments coverage, you are probably covered. Your policy may have limitations, and your insurance company may seek recovery from the other driver’s insurance company.

If I Live in Another State, Can My Attorney From Home Represent Me?

It is possible, but not likely or wise. Your attorney would need to be admitted to practice law in Nevada. A local attorney is much more familiar with the Nevada court system and judges.

What If the Owner of the Other Vehicle Was Not the Driver?

If the owner gave the driver either implied or express permission to use the vehicle, the owner’s liability coverage extends to the driver. Nevada law also states the vehicle’s owner is jointly liable for injuries caused by immediate family members who drive the vehicle.

What If the Other Driver Was in a Rental Car?

The driver’s insurance or rental insurance will include liability coverage. If the rental agency failed to maintain the vehicle properly or was otherwise negligent, they may also be included in your lawsuit.

What Should I Do Immediately After an Auto Accident?

Call the police. A police report will be critical evidence. If mobile, take pictures, exchange information, or ask witnesses for their contact information. Avoid making any statements about fault and report the accident to your insurance agent or company.

Should I Speak With the Other Driver's Insurance Company?

It is advisable to consult an experienced attorney and follow their advice. The defendant’s insurance company will try to find evidence to undermine your claim, so it is best to refer them to your attorney.

Should I Accept a Settlement?

The first offer from the other insurance company is likely less than what you deserve. After negotiating, your attorney may recommend a settlement depending on your case.

What Compensation Might I Receive?

You may be eligible for economic damages, noneconomic damages, and possibly punitive damages. Economic damages include repair or replacement of your vehicle, medical expenses, and earnings. Noneconomic damages include pain, suffering, and mental anguish. Punitive damages may apply in cases of criminal misconduct.

How Do I Know Whether I Have a Case?

Consulting an experienced attorney is essential to determine whether you have a case. In general, your fault should be 51% or less, and you must have suffered financial loss or injury as a result of the accident.

CAR ACCIDENT ATTORNEYS

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The United States is a nation on the move. From the cars that Americans use in all aspects of their daily lives to the trucks that transport goods from the source to the store, motor vehicles are intricately entwined in the fabric of society. Unfortunately, there is a price attached. According to the Bureau of Transportation Statistics, there were more than 7.2 million crashes nationwide in 2016 that resulted in over 37,000 fatalities and more than 3.1 million injuries.

If you are like most people, you never expected to be injured in a motor vehicle accident, but you were. Perhaps your injury occurred during a collision between your car and another automobile or truck. Perhaps you were struck by a vehicle while riding your bicycle or motorcycle. You may even have been a pedestrian or a passenger riding on a commercial vehicle at the time of the accident. However you were injured, the fact remains that the accident has had — and may continue to have — a profound effect on your life and possibly the lives of your loved ones.

You may be in physical pain from your injuries, making it difficult or impossible to perform tasks that you once took for granted. You may be unable to work, take care of your home, shop or participate in family activities. If your injuries are severe, you may find that changing your clothes, preparing even a simple snack, or taking care of your grooming needs is beyond your abilities. You may have to rely on family members or hire a caregiver to help you with even the most basic tasks.

In addition, you are likely enduring emotional distress. Even if your injuries have not left you completely disabled, you are concerned over your mounting medical bills. If you are unable to work, you are probably worried about how you can continue to pay your normal bills as well as those related to your medical care. Your vehicle may need to be repaired or replaced, causing you additional stress.

You may also be concerned about what the future will hold. If you suffered a severe injury, you could be facing an extended period of rehabilitation. You are worried about how you will pay for your future medical expenses, especially if you will be unable to be gainfully employed until you are fully recovered. Your career plan could be sidetracked, or you may be forced to choose a different occupation as a result of your injury.

Furthermore, you may not be suffering alone. Your parents or adult children may have to help with your personal care or contribute to your financial support. Your spouse may feel the need to work longer hours or take a second job. If you have young children, they may not understand why you can no longer do the things that made your time together so special. Plans for a vacation, a new house, a college education or a new car may need to be postponed indefinitely.

In short, you may wonder whether you will ever have your old life back, and it may seem unfair that you are suffering for someone else’s negligence. Although no one can turn back the clock to the time before your accident, there are laws that were enacted to help those injured due to a driver’s negligence. In the United States, driving is a privilege, and it is a privilege that carries a responsibility. Drivers have an obligation to operate their vehicles in a safe, reasonable manner. This means that they should not drive while impaired, allow themselves to be distracted, ignore traffic signs, exceed the speed limit, or otherwise operate their vehicles in an unsafe manner. When drivers breach their duty and injure another party, that party is entitled to seek financial compensation. Financial compensation can include payments for medical expenses, lost wages, property losses, loss of future income, and payments for the injured person’s pain and suffering.

If you have been injured in an automobile accident, a personal injury attorney can evaluate your situation and help you seek the compensation that you deserve. At Lloyd Baker Injury Attorneys, our practice is devoted to matters related to personal injury law. From our offices in Las Vegas and Phoenix, we serve clients who are residents of or were injured in the states of Arizona and Nevada. Our attorneys are knowledgeable and experienced, and we are willing to fight for your right to be fairly compensated. To date, we have collected more than $117 million in settlements and verdicts for our clients. We are excellent listeners who recognize that everyone is a unique individual with unique needs. We offer free case consultations, so call our Las Vegas office at 702-444-2222 or our Phoenix office at 602-265-5555 to schedule yours today. If you prefer, you can reach us through our website by using the online chat feature or submitting the contact form.

PERSONAL INJURY ATTORNEYS

Both Nevada and Arizona use a modified comparative negligence system, which means you can still recover damages even if you were partly at fault, as long as your share of the blame is 50 percent or less. Your final recovery gets reduced by your percentage of fault, so a strong case for minimizing your share matters just as much as proving the other driver was negligent.

If you carry uninsured or underinsured motorist coverage, that policy can step in when the at-fault driver has no insurance or not enough to cover your damages. Nevada requires insurers to offer this coverage, and Arizona requires it as well unless you reject it in writing, so most drivers in both states have it even if they have never had to use it before.

Nevada gives you two years from the date of the accident to file a personal injury lawsuit, and Arizona gives you two years as well. That deadline can arrive faster than people expect once medical treatment, negotiations, and paperwork are factored in, so it is worth talking to an attorney well before the deadline gets close rather than waiting until the last minute.

It can happen more often than people expect, especially with an uninsured motorist claim, since your own insurer is the one paying out instead of the other driver's company. Adjusters may still look for reasons to reduce or deny your claim, so it helps to have an attorney handle communication rather than negotiating directly with your own insurance company.

Passengers are usually in a strong position to recover, since they typically did not contribute to causing the accident. Depending on how the crash happened, a claim may go against one driver, both drivers, or their insurance companies, and an attorney can help sort out which policy or policies should be covering your injuries.

Rideshare accidents bring an added layer of coverage through the company's commercial policy, which can apply depending on whether the driver was waiting for a ride request, en route to a pickup, or actively transporting a passenger at the time of the crash. Figuring out which policy applies takes some digging, and it is a common source of dispute, whether you were the passenger, another driver, or a pedestrian.

If the other driver was on the clock, running a work errand, or driving a company vehicle, their employer's insurance may also be responsible for your damages under the legal doctrine that holds employers accountable for employees acting within the scope of their job. That can mean access to a larger policy limit than the driver's personal insurance alone would provide.

No, and the first offer from an insurance company is rarely the best one available. Insurers often open with a low number hoping you will accept quickly, especially before the full extent of your injuries or future medical needs is clear. An attorney can negotiate on your behalf and knows when it makes sense to hold out for a better offer or move toward filing suit.