When you’ve been in a car accident, one of the most challenging aspects can be the financial loss. There is damage to the vehicle and medical costs that need to be paid, which can be a difficult prospect if you’ve lost out on wages because the accident caused you to miss work. However, you are owed restitution for these costs and others from those who are at fault for the incident. To get what you deserve, it can be helpful to know about maximizing compensation in Las Vegas car accident claims.
Maximizing Compensation in Las Vegas Car Accident Claims
Compensation in a Las Vegas car accident claim is governed by personal injury law. According to this law, the victim of an accident can collect damages from those who are responsible for it. They are able to receive compensation for all expenses that are directly caused by the accident, including medical bills, the costs of repair or replacement for property damage, lost wages from missing work, and even restitution for psychological costs. There are a few measures, though, that can help you maximize your compensation.
Keep Good Records
One of the important things that your lawyer needs to do is demonstrate that the costs you’re seeking compensation for are a direct result of the accident. For this reason, it’s important that you keep good records of the costs that you’ve incurred. Proper documentation is critical to prove these expenses. This includes medical bills, receipts for property repairs, paystubs, and possibly even a journal of the impact of the accident, as this may be useful in demonstrating the psychological impact of the incident.
Defending Against Comparative Negligence
One of the most significant concerns that could impact your compensation award is Nevada’s modified comparative negligence rules. Under the state’s comparative negligence doctrine, the defendant in a personal injury claim is given the opportunity to demonstrate that the plaintiff is also at fault for their injuries. If that can be successfully shown, the plaintiff and defendant will be given a percentage that corresponds with their share of fault in the accident.
The plaintiff will have the damages that they are collecting reduced proportionately to their share of fault in the accident. However, if their share exceeds 50%, they will be unable to collect any damages at all. For instance, a plaintiff who is awarded $100,000 and found to be 20% at fault for the accident will be limited to collecting $80,000. If, though, they are determined to be 55% at fault, they will be unable to collect anything.
Given the stakes involved with comparative negligence, being able to defend against these claims is one of the most important aspects of maximizing the compensation that you can receive in a car accident claim.
Work With the Right Lawyer
Possibly the most effective way to maximize your compensation is by working with the right Las Vegas car accident lawyer. Their experience can be critical to negotiating a maximally valuable settlement or fighting for one in the courtroom if your claim will need to go to litigation. In particular, they understand how to defend against comparative negligence claims, which can be crucial to maintaining your restitution.
When negotiating a settlement, the advice that an experienced lawyer can give is often critical to helping injured parties understand whether they want to accept the settlement. A lawyer can clearly describe the risks of taking the claim to court and how much a possible court award may be different from what could be achieved in a settlement agreement.
FAQs
Q: Is There a Cap on How Much Compensation I Can Receive in a Car Accident Claim in Nevada?
A: There is no cap on how much compensation you can receive for a car accident claim in Nevada. However, it is important to recognize that you will only receive compensation for those costs that can be proven to be a direct result of the accident. Your injuries must be something that you would not have incurred were it not for the accident.
Q: Will I Receive More Money in a Settlement or in Court?
A: Depending on the case and other circumstances, you could receive more money in a settlement or in court. It’s impossible to know for certain how a court may rule. There is a chance that, by settling, you are accepting less money than you could have obtained in court. However, there is also the possibility that a court could rule against you, leaving you with much less than you could have settled for. One of the benefits of a settlement is the certainty that comes with getting whatever you’ve agreed to.
Q: Will a Lawyer Get Me More Compensation?
A: A lawyer is likely to get you more compensation than you would have obtained on your own. You can attempt to seek compensation on your own through negotiations or litigation. It’s important, though, to recognize that your opposition will likely have representation. Experience is a critical component of both settlement negotiations and arguing a case in court. It’s usually going to be better if you have someone experienced on your side as well.
Q: Who Am I Seeking Compensation From in a Car Accident Claim?
A: In a car accident claim, you will usually be seeking compensation from an insurance provider for whatever party was at fault for the accident. While most car accidents are the fault of a driver, there are a number of other parties who could potentially be to blame, such as a parts manufacturer or a driver’s employer. In most situations, though, it will still be one of these parties’ insurance providers you will seek compensation from.
Easton & Easton Can Help You Maximize Your Claim
We understand the importance of getting full restitution for those who’ve been in an accident. The medical bills, lost wages, damage to a vehicle, and psychological costs are all issues that you deserve full restitution for. We fight to see that our clients get their full compensation, whether through a settlement or by going to court. We’ve been helping personal injury victims for more than 30 years, and our team has over 100 years of experience combined. Contact us today to see if we may be able to help in your case.
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