Henderson Car Accident Attorney
Car accidents can happen in various ways, often with very little to no warning. While most drivers are aware of the things they can do to limit their risk of having accidents, it is impossible to accurately predict the actions of other drivers at all times. Car accidents are one of the most commonly reported causes of accidental injuries and deaths in the United States each year, and these incidents can happen from various types of negligence or even intentional misconduct behind the wheel.
Representing Car Accident Victims in Henderson, NV
If you or a family member recently suffered injuries in a car accident that someone else caused, it is crucial for you to know your rights when it comes to recovering your losses. Nevada law requires all drivers to have auto insurance, and filing an insurance claim is often an important first step in recovering from an accident someone else caused. However, you may need to explore further legal recourse when insurance alone cannot compensate you for your losses.
A Henderson car accident attorney is an invaluable asset in this situation, and the team at Easton & Easton has the experience and resources necessary to handle the toughest accident claims in Henderson. Our firm has years of experience confronting insurance companies and building personal injury cases on behalf of our clients in Henderson and the surrounding communities, and we are ready to put this experience to work for you.
How to Prove Liability for Your Car Accident in Henderson
The first legal challenge you must overcome in the aftermath of a car accident in Henderson is proving exactly how the accident happened. It’s essential to identify the at-fault driver and gather evidence to prove exactly how they caused the accident. Most of the car accidents reported in the Henderson area each year are the result of negligence, examples of which include:
- Distracted driving. When a driver does not pay full attention to the road, they endanger themselves and everyone around them. Cell phone use behind the wheel and any other distracting activities can easily result in tremendous damage. Your Henderson car accident attorney can help secure the at-fault driver’s cell phone records to prove they were inattentive behind the wheel, and other forms of evidence could also come into play in a distracted driving accident case.
- While it may be relatively common to see drivers slightly exceeding posted speed limits, any measure of speeding is inherently dangerous because it reduces the time and distance a driver would have to slow down and stop to avoid a collision. Speeding also increases the severity of damages in a crash due to the additional force behind the impact.
- Moving violations. Drivers who fail to navigate intersections correctly, fail to yield the right-of-way where appropriate, or commit other moving violations like running stop signs or performing illegal turns can disrupt the flow of traffic unexpectedly for the other drivers around them.
If your car accident happened because of negligence, you will need to prove the defendant owed you a duty of care that they breached in some manner that directly resulted in your damages. Your Henderson car accident attorney can help secure any evidence you may need to firmly establish fault for the incident and prove liability for your damages.
Alternatively, it is possible for a car accident to happen from illegal misconduct. The most common example of this is driving under the influence (DUI) of drugs or alcohol. Impaired driving is illegal in Nevada and every other state, and the penalties for conviction can increase significantly when the defendant has injured or killed someone with their actions. When your recent car accident occurred due to another driver’s illegal misconduct, your attorney can advise you as to how this could impact your recovery efforts.
Filing an Auto Insurance Claim for an Accident in Henderson
Once you have proven liability for your recent accident in Henderson, you can proceed with claiming compensation for your damages from the driver who caused the accident. Nevada law requires every driver to have personal auto insurance, and an insurance policy must meet some basic coverage requirements. At a minimum, a personal auto insurance policy in Nevada must include:
- At least $25,000 in bodily injury liability coverage for a single person. This applies to the injuries sustained by a single person in an accident caused by the policyholder.
- $50,000 or more in total accident liability coverage for bodily injuries. This covers injuries to multiple people injured in the same accident.
- At least $20,000 in property damage liability coverage to pay for vehicle repairs and other property losses caused by the policyholder.
While these coverage amounts may be enough for resolving smaller accidents, it is easy for your claimable damages to eclipse the scope of the at-fault driver’s coverage. Additionally, there is no guarantee that the at-fault driver will have insurance at all, as Nevada has a high statewide rate of uninsured drivers.
Drivers usually have the option of adding uninsured motorist coverage to their auto insurance policies, and this allows a covered driver to file a claim against their own insurance if another driver causes an accident with them. However, if you do not have this coverage and the at-fault driver does not have insurance at all, you will need to proceed directly to filing a personal injury claim against them to recover your losses.
Your Henderson car accident attorney can make dealing with insurance company representatives much easier. Once an insurance carrier notices that a claimant has legal counsel advising them, the insurance company will be less likely to attempt any bad-faith handling of the claim. Your attorney can assist you with the actual filing of the claim and will resolve any disputes the insurance carrier raises against your claim. If your claim is denied, your attorney can advise you as to how to address this problem. Once you have received a settlement offer from the insurance carrier, your attorney can determine whether it is fair and reasonable.
Filing Your Personal Injury Claim for a Car Accident in Henderson
After you have exhausted your recovery options through insurance, or if the at-fault driver does not have insurance, you can proceed with filing a personal injury claim against them to recover any outstanding damages. Proving fault is a critical first step in your recovery process; to succeed with a personal injury claim, you must identify the party responsible for your injury, prove they directly caused it through intentional misconduct or negligence, and then you must prove the full extent of the harm done from their actions.
A Henderson car accident attorney can assist you in compiling the various elements of your personal injury case against the at-fault driver. This includes the evidence needed to prove their liability for the accident as well as proof of the extent of the damages they caused. Under Nevada law, the plaintiff in a personal injury suit has the right to seek full repayment of all financial losses they suffered because of a defendant’s negligence or intentional misconduct. These economic losses are likely to include:
- Property damage. An auto insurance claim may yield some compensation for vehicle repair and replacement costs, but any outstanding property damage that insurance won’t cover may be cited as economic damages in a personal injury claim.
- Medical expenses. The at-fault driver’s insurance might cover some of the victim’s medical treatment costs after an accident, but if the victim suffered any severe injuries, they are unlikely to secure full compensation through insurance alone. You can seek full compensation for immediate and future medical expenses resulting from your accident with your personal injury claim. Your Henderson car accident attorney can consult with your medical treatment team to ensure the defendant is held fully accountable for the cost of all medical care you need to fully recover from your injuries.
- Lost wages. When you are unable to work after your accident due to your injuries, the defendant is liable for the income you cannot earn during this time. This includes the value of paid time off or vacation time you were forced to use due to the accident.
- Lost earning capacity. It’s possible for a car accident to leave a victim unable to return to work for an extended period or even permanently. If your earning power has diminished in any measure because of the accident, the defendant is liable for the future income you are no longer able to earn.
The average car accident victim in Henderson may be able to assess immediately recognizable economic damages like their vehicle repair costs and initial hospital bills, but accurately calculating the full long-term economic impact of an accident will be very difficult without an attorney’s assistance. Beyond these economic damages, the plaintiff also has the right to seek pain and suffering compensation, and they could receive punitive damages if the defendant caused the accident through any illegal misconduct.
How to Calculate Pain and Suffering in a Car Accident Case
When the average person hears the term pain and suffering, they may struggle to determine how they would prove the monetary value of intangible losses like these. Nevada law does not limit or cap pain and suffering compensation in car accident claims, so it is possible for the plaintiff to seek as much as they deem appropriate to reflect the severity of their damages. Your Henderson car accident attorney can provide valuable guidance on this aspect of your case, helping you decide what a fair amount would be to compensate for the physical pain and emotional distress your recent accident has caused.
When a plaintiff is expected to fully recover in the near future after their accident, their attorney is more likely to seek pain and suffering compensation that reflects the time it will take them to reach maximum medical improvement. If the plaintiff has suffered any measure of permanent harm, their attorney would be more likely to seek pain and suffering compensation in a large lump sum, usually calculated by multiplying their economic damages by a factor that reflects the severity of their condition. Ultimately, it is common for pain and suffering to form the bulk of plaintiffs’ recoveries when they succeed with their personal injury claims in Nevada, especially if they have suffered any measure of permanent harm.
Resolving Your Car Accident Claim in Henderson
The right attorney can be an invaluable asset for every step of your car accident case proceedings in Henderson. When you choose Easton & Easton to represent you, we can immediately get to work gathering whatever evidence you will need to firmly establish liability for your damages. Once fault is proven, we will help gather evidence to show the full extent of the damages you suffered in your accident.
Our team has years of experience confronting major insurance carriers on behalf of our clients, and we know the tactics they often use to try to compel claimants into accepting the lowest possible settlement offers. After we help secure as much compensation as you can through auto insurance, the next step of your case will be filing a personal injury suit against the driver who caused your accident.
Most of the personal injury claims filed in Henderson will be resolved through private settlement, but if settlement isn’t an option, the case must go to litigation. In either scenario, the team at Easton & Easton can readily provide guidance and responsive communication about the latest updates in your case’s progress. We aim to maximize our clients’ recoveries in all cases we accept. We can seek a swift settlement on your behalf if possible, but we are fully prepared to represent you in court if necessary.
Q: What Evidence Is Needed to Prove Fault for a Car Accident in Henderson?
A: Proving fault for a car accident can require various types of evidence. Your Henderson car accident attorney can help secure traffic camera recordings from the area around where your accident happened, if possible, and testimony from witnesses who saw the accident happen firsthand are also crucial for proving fault in many cases. Vehicle computer data can help prove liability, and an attorney can secure another driver’s cell phone records if necessary to prove they were distracted behind the wheel.
Q: Can I Still Claim Compensation for a Personal Injury if I Am Partially Responsible?
A: Nevada enforces the modified comparative fault rule that can apply to any civil claim in which the plaintiff shares fault with the defendant for causing the damages cited in the claim. If you bear any measure of liability, you will have a fault percentage assigned by the judge handling your case. As long as your fault is less than 50%, you can still recover damages, but your fault percentage will be deducted from your final case award to reflect your shared liability. 50% or more fault means losing your right to claim compensation from the defendant.
Q: How Much Compensation Can I Recover for a Car Accident in Henderson?
A: The total value of any car accident case depends on the scope of the damages the victim suffered. If you have an experienced attorney handling your case and the defendant’s fault is clear, you should be able to recover the total of your economic damages plus some compensation for your pain and suffering. Working with a seasoned Henderson car accident attorney offers the greatest chance of success with your impending case.
Q: Is Hiring an Attorney Necessary for a Car Accident Case in Henderson?
A: It is possible to handle your own recovery efforts after a car accident in Nevada, but you must acknowledge the various risks you would face in doing so. You would be forced to contend with the court’s filing requirements and other procedural obligations while managing your medical recovery at the same time. You could make filing mistakes or other errors that extend the time required to complete your case, and it is possible to unintentionally settle for much less than you legally deserve.
Q: How Much Are Attorneys’ Fees for a Henderson Car Accident Attorney?
A: The team at Easton & Easton will not add to your financial concerns with overly expensive upfront legal fees when you are already struggling with the economic impact of your recent accident. Our firm accepts personal injury clients in Henderson on a contingency fee basis. This means you pay nothing upfront for our representation and only pay a fee after we win your case. If our firm is unable to obtain a recovery on your behalf, there is no fee.
Any car accident in Henderson has the chance of being a life-changing incident, and it is natural for anyone in the aftermath of a serious accident to have pressing legal questions they cannot answer on their own. If you believe another driver is to blame for the accident you recently experienced, our team can help hold them accountable for the damage they’ve done and guide you through your recovery efforts with confidence. Contact Easton & Easton today to schedule your consultation with a Henderson car accident attorney and learn how our firm can help with your recovery.
Henderson, NV Car Accident Resources