Las Vegas Personal Injury FAQ

General Questions

  • If you have been injured in a car crash, you should first seek medical attention. Even if your injuries appear minor, it is important to have them checked by a doctor as soon as possible. You should also contact the police and file a report of the accident. If possible, take pictures of the accident scene and gather contact information from any witnesses. It is also a good idea to consult with a personal injury lawyer to discuss your legal options and ensure your rights are protected.

  • If you’ve been injured due to someone else’s negligence, you may have grounds for a personal injury claim. To establish a case, you must demonstrate that the other party owed you a duty of care, breached that duty, and that this breach directly caused your injuries. Common scenarios include car accidents, slip-and-fall incidents, medical malpractice, and workplace injuries. Consulting with an attorney can help assess the specifics of your situation and determine if you have a viable claim.

  • The value of a personal injury case depends on factors such as medical expenses, lost wages, pain and suffering, and long-term disability. Severe injuries that impact your ability to work or require ongoing treatment typically result in higher compensation. Insurance policies and the at-fault party’s financial situation can also affect your recovery amount. No two cases are alike, and an attorney can provide an estimate based on past settlements and case law. While some cases settle quickly, others require negotiation or even a trial to achieve fair compensation.

  • The time limit to file a personal injury claim, known as the statute of limitations, varies by state but generally ranges from one to four years. If you miss the deadline, you may lose your right to seek compensation, regardless of how strong your case is. Some exceptions apply, such as cases involving minors or injuries that were not immediately discovered. It’s important to consult a lawyer as soon as possible to determine the deadline for your specific situation. Acting early also helps preserve evidence and strengthens your case.

Legal Process & Costs

  • The timeline for a personal injury case can vary widely depending on multiple factors, including the complexity of the case, the willingness of the parties to negotiate, and whether it goes to trial. Some cases may settle within a few months if liability is clear and negotiations are straightforward. Others may take years if there are disputes over fault or extensive medical treatment is required. Your attorney can provide a more accurate timeline based on your specific circumstances.

  • Most personal injury cases are settled out of court through negotiations with insurance companies. A settlement can save time and avoid the stress of a trial while still providing fair compensation. However, if the insurance company refuses to offer a reasonable amount, your lawyer may recommend taking the case to court. Trials take longer and involve more legal fees, but they may result in a higher award. Your lawyer will guide you through the process and advise on the best strategy.

  • A contingency fee means your lawyer only gets paid if they win your case. Instead of charging hourly fees, they receive a percentage of your settlement or court award. This allows injured victims to pursue justice without worrying about upfront legal costs. The exact percentage varies by firm, but it’s typically agreed upon in advance. Since lawyers only get paid if they win, they have a strong incentive to maximize your compensation.

  • Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay any upfront costs. Instead, they take a percentage of your final settlement, typically between 25% and 40%. This arrangement allows injured individuals to seek legal help without financial risk. If the lawyer doesn’t win your case, you won’t owe them attorney fees. However, you may still be responsible for certain case expenses, which your lawyer should explain upfront.

Insurance Coverage

  • Underinsured motorist coverage (UIM) is a type of car insurance that provides protection in the event that you are involved in an accident with another driver who does not have enough liability insurance to cover the cost of your injuries or damage to your vehicle. This coverage will step in and pay for the difference between the other driver's insurance coverage and the amount of damages that you have incurred. It can also provide coverage if the other driver has no insurance at all. UIM coverage is typically optional and may require additional premium. It is a good idea to discuss this coverage with your insurance agent to determine if it is something that would be beneficial for you to have.

  • Uninsured motorist coverage protects you if you’re injured in an accident caused by a driver who has no insurance. It can cover medical expenses, lost wages, and pain and suffering. This coverage also applies to hit-and-run accidents where the at-fault driver cannot be identified. While not required in Nevada, it provides valuable protection against uninsured drivers.

  • Medical payments coverage, also known as "med pay" is a type of car insurance that provides coverage for medical expenses incurred as a result of an accident. This coverage can pay for things such as hospital and doctor bills, ambulance fees, and other medical expenses. It can also cover lost wages if you are unable to work due to your injuries. This coverage typically applies regardless of who is at fault for the accident. It is an optional coverage that can be added to your auto insurance policy and the coverage amount can vary from policy to policy. It is usually offered in small amounts, usually between $1,000 to $5,000, but it can go higher depending on your state, and policy. It's a good idea to consult with your insurance agent to determine if it is something that would be beneficial for you to have.

  • Personal injury protection (PIP) coverage pays for medical expenses, lost wages, and essential services if you’re injured in an accident, regardless of fault. It is commonly required in no-fault states but is not mandatory in Nevada, which is an at-fault state. PIP can be helpful in covering immediate medical costs before insurance settlements are reached. Some policies also cover rehabilitation and funeral expenses.

    • Collision Coverage pays for damage to your own vehicle after an accident, regardless of fault. It applies to crashes involving other cars, objects, or rollovers.

    • Comprehensive Coverage covers damage from non-collision events like theft, vandalism, fire, flooding, or hitting an animal.
      Both are optional in Nevada but may be required if you finance or lease your vehicle.

  • If the other driver’s insurance policy limits are too low to cover your losses, you may need to use underinsured motorist (UIM) coverage if you have it. You can also explore other compensation sources, such as suing the at-fault driver personally. In some cases, umbrella insurance policies or third-party liability claims (e.g., against a business or employer) may provide additional recovery options. A lawyer can help you identify the best course of action.

  • If you were not at fault, filing a claim against the other driver’s insurance should not directly impact your rates. However, if you use your own coverage (such as MedPay or uninsured motorist coverage), your insurer might raise your premiums. Insurance companies assess risk based on claims history, so multiple claims in a short period may result in rate increases. Speaking with your insurer or lawyer can help you understand the potential impact on your policy.