If you have been involved in an accident in Nevada that resulted in injury or property damage, you may be entitled to compensation. As a personal injury attorney in Nevada, I understand that the aftermath of an accident can be a confusing and stressful time. In this blog, I will provide information about the personal injury claims process in Nevada and what you can expect as a claimant, a patient, and if a lawsuit is necessary, a plaintiff.
Filing a Personal Injury Claim
The first step in the personal injury claims process is to file a claim with the responsible party’s insurance company. Your own insurance company will likely be involved at this stage as well. This is where you will provide details of the accident and the extent of your injuries and property damage. These calls are recorded so the information that you provide (and how it is provided!) can be extremely important. If you retain our law firm, we can open your personal injury claim on your behalf and assist you with your property damage claim.
Treating Your Injuries
Depending on the severity of your injuries, you may want to seek immediate medical attention at a hospital emergency room or an urgent care. From there, most personal injury claimants will require physical therapy, chiropractic care, or even surgery to try and return to as close to their pre-accident state as possible. Your attorney will assist you with finding doctors that will treat you immediately and without requiring payment up front. We will also assist in scheduling and monitoring your appointments and referrals to specialty care providers, as well as ensure that you do not incur out of pocket expenses for your treatment.
Negotiating a Settlement
Once your doctors determine that medical treatments are no longer required, the next step is to collect all medical records and bills related to the accident, and submit a demand for settlement to the responsible insurance company. If the insurance company agrees to pay a settlement, they will offer you a specific amount of money to resolve your claim. This is where the negotiation process begins. Insurance companies almost always attempt to lowball claimants, and insurance adjusters receive bonuses and promotions for managing to settle cases for less than their full value. Your personal injury attorney will work with the insurance company to negotiate a settlement that fairly compensates you for your injuries and property damage.
Litigating Your Claim
If you and the insurance company cannot reach a settlement agreement, your personal injury attorney may advise you to file a lawsuit. The lawsuit will be heard in court, where a judge or jury will determine the amount of compensation you are entitled to. During this stage, your personal injury attorney will present evidence and arguments on your behalf to support your claim. This process can be quite lengthy and can require hundreds of hours of work from your attorney, but don’t worry! You will only have to pay for that work if and when your case settles or an award is granted by a judge or jury (the attorney’s fee will be paid out of the settlement or award).
Calculating Damages
When calculating the damages you are entitled to, your personal injury attorney will take into account a variety of factors, such as:
- Medical expenses, including past and future costs
- Lost wages and income
- Pain and suffering
- Property damage
- Duties under duress
- Any other costs related to your injury
It is important to keep accurate records of all expenses and damages related to your injury, as these will be used to calculate the amount of compensation you are entitled to. We also encourage our clients to keep daily notes or a journal, documenting the hardships, pain and suffering they experience along the way. These notes can have a large impact on a jury at trial.
Statute of Limitations
In Nevada, the statute of limitations for personal injury claims is two years from the date of the accident. This means that you have two years from the date of the accident to file a claim or lawsuit. If you miss this deadline, you may be barred from recovering compensation for your injuries.
Conclusion
If you have been involved in an accident in Nevada and suffered injury or property damage, it is important to understand your rights and options. As a personal injury attorney with over 12 years of experience, I can help guide you through the claims process and ensure that you receive the compensation you deserve. If you have been involved in an accident, contact a Boley and AlDabbagh today to discuss your case for free.