Las Vegas Car Accident Lawyer

Las Vegas Car Accident Lawyer

By: The Rodney Okano Car Accident Lawyer Law Firm

Published: January 24, 2024

Discover the essential guide to handling car accidents in Las Vegas. From legal advice to claim negotiations, learn from an expert.

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Las Vegas, the capital of entertainment, sadly witnesses its share of devastating car accidents. With being the highest in DUI, car accidents many preventable car accidents happen.

After a car wreck accident, victims work to seek justice for the damages caused, and seeking legal assistance cannot be overstated when looking to achieve this.

Insurance claims, medical bills, and legal proceedings can be complex, making a seasoned Las Vegas car accident lawyer a valuable ally. However, we hope to inform you more about car accidents by providing basic information in this article.

Common Causes Of Car Accidents In Las Vegas

Black car damaged in car accident.

Car accidents can occur in Las Vegas for a variety of reasons that often stem from human behaviors and external conditions.

Understanding common causes of car accidents can help drivers be more vigilant on the road.

Distracted Driving

Las Vegas is all about the vibrant atmosphere. However, this can turn out to be very distracting. When drivers are distracted by Vegas life, their phone, the radio, or navigation systems, the quick move of attention from the road often leads them into an accident.

To a Las Vegas car accident lawyer, encountering a car accident case where the driver was distracted has become more prevalent, underscoring the need for heightened awareness behind the wheel.

Speeding and Recklessness

The fast-paced lifestyle of Las Vegas is unfortunately seen on our roads. This has led to dangerous situations like:

Speeding and reckless driving are mainly not limited to just adult drivers; teens often end up in fatal accidents because of it.

Driving Under The Influence

The nightlife of Las Vegas has made our home a prime area for DUI accidents. DUI brings tragic ends that usually have the individual who is under the influence of alcohol or drugs receiving minor injuries while the victim sustained severe injuries.

Weather Conditions and Road Hazards

If you are a Las Vegas local, you know the city has more to offer than just blistering heat. While sudden rain in Las Vegas may be good for the local environment, it can also cause slippery road conditions that, if drivers are not taking precautions, can result in car accidents.

Additionally, we all know that in Las Vegas, construction and cones on the road are everywhere, and at times, this can contribute to a car accident if a driver is not careful.

Should You Hire a Car Accident Attorney After an Auto Accident

After a car crash, you may feel overwhelmed and wonder if you should seek the help of a car accident attorney. The decision to hire a lawyer will determine the path of your car accident case, and below, we explain why.

Importance Of Legal Representation

Coming back from the damages caused by a car accident requires going through a complex web of legal procedures, insurance claims, and negotiation that car accident victims may not have the strength to handle on their own.

However, with a skilled Las Vegas car accident lawyer on a victim's side, the bulk of the case can be handled with experience and at higher speeds.

However, we stress the importance of seeking an experienced car accident attorney to handle your case. An unseasoned lawyer can slow your case down.

A Look Into The Complexities Of Car Accident Cases

To an untrained eye, a car accident claim may seem straightforward; however, that couldn't be further from the truth, as a car accident case could contain factors such as

  • Determining an at-fault party

  • Assessing present and future damages

  • Negotiations between other parties and insurance companies

  • Winning over a jury or judge

To conclude, the decision to hire a car accident attorney in Las Vegas is entirely yours, but hopefully, you may now consider the importance of having one in your case.

Common Car Accident Injuries

Man injuried in a Las Vegas car accident.

A car crash presents a wide variety of injuries that vary in severity and long-term impact.

Understanding commonly sustained injuries in car accidents and their impact may help you be more informed on the value of a car accident claim.

  • Traumatic Brain Injury - Most often seen in high-speed car accidents, a traumatic brain injury is a sudden and forceful impact on the head that can result in decreased cognitive functions and well-being.

  • Spinal Cord Injuries - The force exerted during an auto accident may result in a spinal cord injury that can range from herniated discs to a severe life-changing condition like paralysis. Spinal cord injuries often require long-term rehabilitation to make a full recovery.

  • Whiplash - This injury, commonly seen in rear-end car accidents, occurs when the head is jerked forward and backward. It can lead to persistent neck pain, headaches, and other neck-to-head discomforts.

  • Bone Breaks and Fractures - The force of an auto accident can cause a great deal of damage to the body's bones, resulting in fractures and breaks. A bone fracture may require surgical intervention matches with recovery periods.

  • Soft Tissue Injuries - A soft tissue injury is a mild injury to the muscles, ligaments, and tendons. While a soft tissue injury may not be as apparent as other car accident-related injuries, it can cause lingering pain and mobility issues.

  • Internal Injuries - An internal injury can be classified as damage to an organ or internal bleeding. It is a severe injury because the person may not assume their injury until it's too late. Internal injuries are the reason why you should always pay a visit to the hospital after a car crash.

The Immediate and Long-Term Impact of Car Accident Injuries

The immediate impact of an automobile accident can be pain, shock, and an urgent need for medical attention.

For a car accident victim, seeking medical help and documenting all injuries and medical bills is essential for legal purposes.

Long-term consequences of a car accident could be:

  • Ongoing medical treatment

  • Rehabilitation

  • Permanent disability

  • Loss of enjoyment of life

  • Impact on the person's ability to work

In the legal realm, our Las Vegas car accident lawyers always consider a car accident's present and future effects when filing a personal injury claim and fight to achieve maximum compensation for car accident victims.

Financial Damges Caused By a Car Accident

Image of coins.

A car accident doesn't just only cause physical injuries but financial damages as well. Understanding these damages as a victim is essential because it provides insight into other damages you can seek in a car accident injury claim.

Medical Expenses

A primary damage sought after in personal injury claims is compensation for medical bills. Medical expenses can come from a variety of sources that include but are not limited to:

  • Emergency medical treatment

  • Hospitalization

  • Surgeries

  • Medications and prescriptions

  • Rehabilitation and physical therapy

  • Follow-up medical appointments

  • Assistive devices or mobility aids

Car accident victims often receive bodily injury, which also means that they receive medical bills.

To ensure that the compensation amount will cover the total cost of the medical treatment, they will need a Las Vegas car accident lawyer who'll leverage their expertise to get them the maximum compensation.

Lost Wages

Adding on to medical expenses, victims who receive serious injuries may be unable to work and, as a result, experience a significant loss of income. Lost wages represent another crucial component of damages sought in personal injury claims.

A personal injury attorney from our firm will consider the following factors in a victims claim:

  • Temporary or permanent disability affecting workability

  • Time away from work due to the car accident

  • Loss of employment due to the car crash

  • Impact on future earning potential

Calculating the full extent of lost wages is a meticulous process that requires assessing a victim's employment status, salary, and potential career advancements.

To ensure you get the most compensation for lost wages, contact an experienced car accident attorney from our law firm.

Average Economic Costs of a Car Accident

The U.S. Department of Transportation provides the average economic costs of an auto accident, which can be viewed in the image below.

Average economic loss resulting from one car accident in the U.S.

Additional Damages: Pain and Suffering

Beyond financial losses are physical and emotional distress resulting from the car accident; this distress is usually called pain and suffering.

Our car accident attorneys will recognize the amount of pain and suffering your claim should include by discovering things such as:

  • Physical pain and discomfort

  • Emotional distress, anxiety, and depression

  • Loss of enjoyment of life

  • Impact on personal relationships and quality of life

Our car accident lawyers will use effective and advanced strategies to convey the full extent of your damages to the insurance company or in court to ensure you receive maximum compensation.

Compensation You Can Receive In Car Accident Claims

When seeking compensation after a car accident in Las Vegas, it's essential to understand the types of damages available and the factors influencing the amount of money one receives for each.

First, we'll cover the types of available compensation:

  • Medical Bills - Coverage for all medical costs caused by the car accident.

  • Lost Wages - Compensation for income lost

  • Property Damage - Any personal property damage or destruction in the auto accident can be reimbursed or covered.

  • Pain and Suffering - Compensation for any physical and emotional distress you may experience.

  • Bodily Injury - Any physical injuries suffered can be covered.

  • Loss of Consortium - Any negative impact on personal relationships caused by the car accident can be sought after.

  • Punitive Damages - You may be awarded punitive damages in car accident cases where the at-fault driver exhibited reckless behavior.

Factors Influencing Compensation Amount

When determining how much compensation you can receive with your car accident attorney, key factors are in play which are:

  • Severity of Injuries - The extent and seriousness of your injuries will significantly impact your compensation.

  • Amount of Fault - Nevada follows a comparative negligence system, which means compensation can be reduced if you are found to be partially at fault for the car accident.

  • Insurance Coverage - The insurance policies of both parties involved will influence the final compensation amount, as in some cases, you may need to pursue compensation in addition to the insurance coverage amount.

  • Legal Representation - The quality and experience of your personal injury attorney will impact your compensation. An inexperienced accident attorney could hurt your case.

  • Documentation and Evidence - The amount of thorough documentation of medical records, evidence from the accident scene, and witness accounts will contribute to building a solid case and your final compensation amount.

Seeking Damages Fatal Car Accident

In the tragic event that a car accident leads to the loss of a loved one, seeking justice is a critical factor in ensuring that the family will receive complete compensation for the loss.

When our Las Vegas car accident lawyers represent a family who lost a loved one in a car accident, we will take the following actions to ensure compensation is retrieved:

  • Investigating the Car Accident - Our car accident attorneys will thoroughly investigate the cause of the auto accident, even if this means visiting the accident scene.

  • Determine Liability - Expert car accident attorneys from our firm will then use crucial evidence and witnesses to prove that another party's actions contributed to or caused the fatal accident.

  • Take Legal Action - Following the determination of liability; our car accident attorneys will begin the legal process by starting negotiations with the insurance company, filing lawsuits, and possibly representing the family in court if fair compensation is not met.

  • Compassionate Process - While our car accident attorneys are fiercely dedicated to obtaining compensation for the family, they also take a patient and understanding approach to working with the grieving family.

Damages You Can Seek In a Wrongful Death Auto Accident Case

In the event of a wrongful death due to an auto accident, families may be able to seek both economic and non-economic losses, which include:

  • Funeral and Burial Expenses - The family can receive coverage for costs associated with the funeral and burial.

  • Medical Expenses - The cost of medical treatment given to the victim before passing can be compensated for.

  • Loss of Financial Support - If the victim was a key contributor to the family's financial well-being, compensation could be sought to address this loss.

  • Loss of Consortium - A claim can cover the loss of the deceased's companionship, guidance, and support to a spouse, child, or dependent.

  • Punitive Damages - If, in the auto accident, the driver displayed gross negligence or intentional misconduct, punitive damages may be rewarded to punish the at-fault driver for their actions.

We recommend contacting an experienced Las Vegas car accident lawyer to handle an emotionally complex case such as a wrongful death.

Minimum Car Insurance Requirements In Nevada

Man buying car insurance

Even if you were not involved in a car accident, you must understand Nevada's minimum car insurance requirements. This is essential to comply with legal obligations and ensure you will have coverage in the event of an accident.

According to the Nevada DMV, drivers are legally required to carry the following mandatory insurance coverage:

  • Bodily Injury Liability (BIL) - Nevada drivers must have a minimum BIL of $15,000 for one person per accident and $ 30,000 for two or more people per accident. BIL coverage will pay for injuries or death to others in a car accident.

  • Property Damage Liability (PDL) - Minimum PDL coverage in Nevada is $10,000 per accident and is used to cover property damage in an automobile accident.

Not Mandatory But Recommend Coverage For Drivers

Not a mandatory coverage, but highly recommended to have is:

  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: Nevada drivers with UM/UIM protect themselves if they're involved in a car accident with a driver with insufficient or no insurance.

Consequences of Inadequate Insurance Coverage

Las Vegas drivers who fail to meet or disregard minimum car insurance requirements can face the following consequences:

  • Fees and fines ranging from $250 -$ 1,750

  • Requirement to obtain an SR-22 certificate

  • Driver license suspension

How To File a Police Report After a Car Accident In Las Vegas

Ensure Safety At The Scene

After an automobile accident, before making an accident report, prioritize safety and move to a safe location. Additionally, check yourself and others for injuries

Also, if you can safely move your car from the lanes of traffic.

Contact Law Enforcement

Once safe, call 911 to have an officer sent to the scene and provide accurate details on the location, injuries, and hazardous conditions.

Exchange Information

After informing law enforcement about the accident, exchange information with the other driver involved, including names, addresses, insurance details, and vehicle information.

Obtain A Copy Of The Police Report

When an officer arrives, they will write a police report; try to obtain this police report as soon as you can.

To learn more about obtaining a police report from the LVMPD, read this article from our law firm.

How Long Do You Have To Report An Auto Accident In Nevada

Nevada laws require individuals to report an auto accident within ten days of its occurrence. They can do this by reporting the accident to the Nevada Department of Motor Vehicles and submitting a report of traffic accident form.

Consequences of Delayed Reporting

If you fail to report a car accident in ten days, the following could occur:

  • Void Of Compensation - You lose the right to receive fair compensation for any injuries or damages received in the accident.

  • Legal Penalties - Failure to report an accident in the required time frame could result in fines, citations, or other legal consequences.

  • Liability Issues - In a legal proceeding, delayed reporting may be used to challenge the party's credibility, which could decrease compensation.

To avoid any other consequences, you should take immediate action to report an accident.

How To Negotiate Your Accident Claim To The Insurance Company

Man buying car insurance

Even if you are the victim of a car accident, it is helpful to have insights into the negotiation process and tips for maximizing your final settlement amount.

Understanding The Negotiation Process

  • Initiation of the Claim: When you report to the insurance company that you were in a car accident, a claims adjuster will be assigned to your case. They will review details like the police report, medical records, and other relevant information.

  • Claim Evaluation - The insurance adjuster will then assess the extent of damages caused by the accident and then process to make an initial offer. However, it's recommended not to take this initial offer and start negotiations.

  • Negotiations - With your accident attorney, you can present counteroffers to the claims adjuster. You can expect multiple rounds of talks before reaching an agreeable settlement.

  • Presenting Evidence - You may submit new evidence to prove the damages resulting from the car accident to get a higher settlement amount.

Tips To Get Maximum Compensation

  • Find All Damages - Finding all the damages you incurred in a car accident can strengthen your negotiation position.

  • Stay Persistent - The key to negotiation is not stopping; stay patient and persistent till you get a fair settlement amount for your damages.

  • Take Future Costs Into Account - Your claim should include current and potential future costs due to the accident.

  • Work With an Attorney - Working with a Las Vegas car accident lawyer will undoubtedly increase your final compensation amount due to the expertise and negotiation experience an accident lawyer will bring.

How Can a Las Vegas Car Accident Lawyer Help Negotiate With The Insurance Company

  • Legal Expertise - An experienced auto accident attorney can help you navigate the complex legal issues blocking your path to compensation recovery.

  • Negotiation Skills - Personal injury lawyers have often negotiated with the insurance company many times before your case. They will have invaluable negotiation skills and tricks to communicate the value of your claim.

  • Case Prep: A personal injury lawyer can gather and present comprehensive evidence to support your claim.

  • Legal Strategy - An accident lawyer will present a unique legal strategy tailored to your case and Nevada law to ensure the best outcome.

Reasons Your Claim Can Be Denied

The insurance company can deny your claim for a couple of reasons, and in the event one of these reasons occurs, you must be informed of the steps you can take.

Common Claim Denial Reasons

  • Late Reporting - Filing an accident report late could give the insurance company grounds to deny your claim.

  • Lack of Coverage - The claim can be rejected if your insurance policy does not cover certain damages or losses.

  • Misrepresentation - If you or your lawyer provide inaccurate or incomplete information during the claims process, your claim could be denied.

  • Pre-existing Damages - If the insurance company concludes that the damage or injury occurred before the accident, they may deny your claim.

Steps To Take If Your Claim Is Denied

  • Review The Denial Letter - Cover the denial letter from the insurance company and identify the reasons for the denial.

  • Understand Your Policy - Cover your insurance policy's terms and coverage details and ensure the denial aligns with policy provisions.

  • Gather Evidence - Collect any information supporting your claim, such as photos, witness statements, medical records, and repair receipts.

  • Consult With An Attorney - If you haven't already spoken with a car accident lawyer, it's probably a good idea to do so in case your claim is denied.

  • File an Appeal - File an appeal with the insurance company, provide documentation, and explain why your claim should be approved.

Will Your Car Accident Case Go To Court

Car accident cases can take several paths, one of which is going to court. Knowing what can cause a case to go to court is vital in predicting case outcomes.

Settlement vs. Litigation

Settlement:

  • What Is Settlement - A settlement is an agreement between the parties involved in a car accident case without court intervention.

  • Advantage - Settlements often result in a faster and cost-effective case.

Litigation:

  • What Is Litigation - Litigation takes a car accident case to court, where a trial can occur to resolve disputes.

  • Advantages - Litigations provide an option for when settlement fails.

What Factors Influence Going To Court

  • Insurance Company Cooperation - If an insurance adjuster is uncooperative in a personal injury case, it may be taken to court.

  • Strength of Evidence - If the strength of the evidence is weak in settlement, the opposing side may refuse to pay compensation.

  • Negotiation Success - If negotiations are unsuccessful, court involvement may be needed.

Seek Legal Help After a Las Vegas Car Accident

The Rodney Okano Car Accident Lawyer Law Firm is here to help. With over 20 years of experience in personal injury law, we are more than qualified to handle any case.

You can expect nothing less than excellent service when you become our client. Contact a personal injury lawyer from our firm today to get started.