As the victim of a car accident, you have just gone through a terrible experience. The first thing you need to do following a car accident of any kind is to get out of the flow of traffic and tend to any medical issues that you or the passengers may have. You may not feel that you have any serious injuries, but seeing a doctor is still the best thing to do in case some of your injuries are masked by the adrenaline from the crash itself. After being examined by a medical professional and getting the treatment you need, you may wish to seek damages for your injuries. Car accident victims injured because the other party was driving recklessly may be able to collect compensation, such as payment for medical bills, lost wages, emotional distress, and more.
To get the most out of your car accident claim, you should first speak with a professional familiar with personal injury law. At Benjamin Durham Law Firm, our extensive experience with car accidents in Nevada allows us to give you the counsel and help you need to get the maximum compensation you deserve. We have helped thousands of clients get positive results in their cases, and we can help you too. We understand that as a car accident victim, you have unique needs and may be recovering from severe injuries. We will be respectful of your time, handling complicated legal matters so you can spend your time resting and recovering. We will use our skills to investigate the accident and build a solid case to ensure you get the most out of your personal injury claim. Call us today at (702) 793-2326 to schedule a free consultation where we can go over the details of your case.
How is Liability Proved in a Nevada Car Accident?
One of the most important questions that your car accident lawsuit will address is who was at fault for the crash. In Nevada, as in many other states, the at-fault driver will pay for the damages incurred, including property damage and bodily injury. This is known as the “fault” system, meaning the person at fault carries the burden of paying for the incident, usually with the help of their insurance.
To prove which party was at fault, a skilled car accident lawyer will help you gather evidence of what exactly occurred during the crash. This can include police reports, surveillance videos, testimonies of eyewitnesses, and even the help of professionals like reconstructionists who recreate the accident based on all the evidence. For someone to be held liable for the accident, it must be shown that they had a duty of care to drive in a reasonably safe manner and that the breach of that duty resulted in serious injuries to you.
For a driver to be held liable in a car accident claim, three things must be proven:
- The at-fault party owed a duty of care to other drivers, including driving safely and obeying traffic laws
- The other driver did not fulfill their duty of care through reckless driving, such as speeding or not obeying traffic laws
- The liable party’s negligence resulted in severe damages, including medical bills, property damage, and other pain and suffering
Nevada law further allows for comparative fault, meaning if it can be proven that you carry some of the faults in the accident, your damages can be reduced or even waived. For example, if you were rear-ended at a stoplight, the other driver is primarily at fault. However, if your tail light was out, this could be considered a small percentage of responsibility on your part. If the court rules that you carry 10% of the liability for the accident, your compensation would be reduced by 10%. If you are responsible for more than 50% of the fault, you will not be able to collect any damages in a car accident claim.
Contact a trusted personal injury law firm like Benjamin Durham Law Firm today to help build a strong case that proves you were not at fault and for legal counsel on how to get the maximum compensation for your car accident injuries.
What Injuries Commonly Occur in an Auto Accident?
Automobile accidents are a common yet dangerous part of life in Las Vegas. Over 2 million Las Vegas citizens seek medical treatment for car accidents every year. If you have been involved in a car wreck, your top priority should be to seek immediate medical help. Many people don’t think they have been injured because the rush of adrenaline from the crash masks the pain they would normally feel. Seeking medical treatment can save your life and prevent further permanent injury.
Some injuries that commonly occur in a car crash are:
- Bone fractures – Broken limbs are a common injury suffered during a car accident as the victim raises their hands to protect their head from the impact. This can break the delicate bones in the wrists and hands, requiring painful and expensive surgery. Drivers may suffer fractures to their feet and legs as their driving leg is extended when they slam on the brakes.
- Whiplash – Neck injuries, including whiplash, are among the most common occurrences during automobile accidents. While they are usually not debilitating, these injuries can cause excruciating pain with a lengthy recovery period. This can reduce your income-earning ability and cause dizziness, headaches, and shoulder pain.
- Traumatic brain injuries – TBIs are another common result of a car wreck. These injuries can be extremely serious since the brain is vital to every body system. TBIs are difficult to diagnose, and their results range from a simple concussion to memory loss, disability, or even severe mental illness like depression or ADHD.
- Burn injuries – Burns is another painful effect that can cause a lasting impact on a person’s life. They can cause permanent disfiguration, resulting in a loss of enjoyment of life for years to come. Severe burns may even result in permanent nerve damage.
- Spinal cord injuries – Back injuries can include sprains, herniated discs, pinched nerves, and many other painful conditions. These injuries can take years to recover and could require surgery.
- Soft tissue injuries – Soft tissue injuries refer to damage to soft organs such as muscles, tendons, and internal organs. These internal injuries require a detailed medical examination. Delaying a diagnosis can result in permanent severe damage in some cases, so please visit a doctor right away after your car accident to prevent unnecessary harm.
If your injuries have occurred because of a negligent driver, you could have your medical bills paid through your car accident case. Visit a car accident lawyer once you are safe and out of harm’s way to recover compensation for damages incurred during your auto accident. The at-fault driver’s insurance company should help pay for damages, and a car accident lawyer can help you accomplish this, so call Benjamin Durham Law Firm today.
Why Should I Hire Car Accident Lawyers?
Car accident victims in Las Vegas, Nevada, can be left feeling overwhelmed after the traumatizing experience of a car crash. If you are suffering because of an auto accident, you may be dealing with a painful recovery as well as expensive hospital bills and maybe even permanent disability. At this difficult time, you should be sure to get the maximum compensation you are owed. The other driver’s insurance company may not offer a fair settlement right off the bat, but reaching out to a car accident attorney can be a great way of ensuring your costs are covered.
Many people are worried about speaking with an injury attorney because they don’t feel they are the “type of person” to sue for damages. However, bringing a claim after your automobile accident has nothing to do with seeking revenge and everything to do with getting help paying for bills that were caused by another person’s negligence. Beyond just medical expenses, however, are the other costs of being severely injured in a car accident. You could also recover compensation for lost wages from missed time at work, reduced income-earning ability due to your injuries, and non-economic damages like emotional distress.
Experienced car accident attorneys can show that you have suffered injuries because of the other driver’s distracted driving or recklessness, showing that you deserve full compensation for the damages done to you. Your injury attorneys will know how to gather evidence proving what happened during the crash. They can also advise you on how to interact with the insurance company and whether or not to accept a settlement they offer. Many times, an at-fault driver can appear cooperative at the scene of the crash, but they may turn into a bitter enemy in court. Having a personal injury lawyer from Las Vegas on your side ensures you have the support and legal counsel you need for a positive outcome in your car accident case.
What Compensation Could I Get in My Car Accident Case?
Following your car accident, you could have major financial concerns that need immediate attention. These could include hospital bills, ambulance charges, lost income from missed time at work, physical therapy, surgeries, or even funeral and burial expenses in the unfortunate case that your loved one passed away in an auto accident. Added to these are the physical pain from your injuries and the emotional trauma from experiencing the crash firsthand.
Pursuing legal action after a car wreck may seem like it is not a priority during this challenging time. However, doing so can significantly lighten your burden as the financial compensation can alleviate the anxiety from paying bills while recovering from your injuries. Relying on the insurance company may not be sufficient, so please reach out to a trusted car accident lawyer for help getting the maximum compensation you deserve.
Some damages you could recover from your auto accident claim are:
- Medical expenses, past, and future
- Hospital bills
- Physical therapy
- Lost income, past, and future
- Loss of income earning ability
- Property damage
- Pain and suffering, past and future
- Emotional trauma
- Loss of enjoyment of life
- Mental anguish
- Loss of companionship if a loved one died in the accident
To recover the full compensation that you deserve, you should consult with an accident attorney as soon as you are able after your automobile accident. At Benjamin Durham Law Firm, we offer a free consultation, so you have nothing to lose by speaking with one of our talented and experienced car accident attorneys.
What Are Common Causes of Car Accidents in Las Vegas, Nevada?
An auto accident can happen in the blink of an eye, especially if a driver is not being cautious or obeying traffic laws. It is helpful for accident victims to understand why the crash happened so they can help provide evidence that proves liability in their car accident case.
Some ways that people in Nevada drive recklessly, resulting in auto accidents, are:
- Driving under the influence – It is no mystery why driving under the influence is so dangerous. Drugs and alcohol impair drivers and often lead to deadly crashes. This is a serious infringement of state and federal law, and these drivers should be held accountable for their actions.
- Distracted driving – When drivers check their phones or are otherwise distracted, they may miss traffic signs or other vehicles, causing a motor vehicle accident.
- Aggressive driving – Aggressive driving includes speeding, tailgating, not yielding the right of way, not signaling when changing lanes, and ignoring other traffic laws.
- Not taking care in adverse conditions – Driving safely includes taking care at night or while it is raining. These conditions make it hard to see, which can lead to vehicle accidents. Drivers should slow down and be aware of their surroundings, or they could be held liable for an accident they cause.
No one is perfect, but mistakes made while driving can result in devastating losses to others, including medical bills, emotional trauma, and even lost family members in the worst cases. You could qualify for compensation if you are the victim of an automobile accident because of a negligent driver. Contacting a car accident lawyer like those at Benjamin Durham Law Firm is a great first step to recovering the losses you’ve sustained in an automobile accident.
What Types of Car Accidents Commonly Occur in Vegas?
Car accidents happen in different ways and for various reasons. Depending on how your wreck occurred, the damage could be mild or severe to your property and yourself. Knowing how the accident happened is key to building a strong case for getting you the fair compensation you deserve. Your car accident attorney will help you determine what kind of crash you were in and who was at fault.
Some common vehicle accidents in Las Vegas are:
- Rear-end collisions – This type of automobile accident is usually not very severe but can still cause whiplash and other painful injuries. Most people assume that the person driving behind is always at fault, but this is sometimes not the case. The driver in front may share some liability if their brake lights weren’t working, if they stopped in a busy lane, or if they reversed their car without reasonable cause.
- Head-on collisions – On the other hand, head-on collisions are almost always very serious accidents and are often lethal. These crashes are typically due to impaired drivers or those who were engaged in distracted driving.
- Side-impact collisions – Also known as “t-boning,” a side-impact crash happens when one car drives straight into the side of another vehicle, forming the shape of a “T.” They often occur in intersections and can cause serious physical injuries.
- Rollover accidents – Rollover crashes are another type of motor vehicle accident that causes severe injuries. The car’s occupants can be badly injured as the car rolls, potentially leading to them being ejected from the vehicle. Rolling a car is often a result of fatigued drivers or DUIs.
- Sideswipe accidents – These automobile accidents happen when two vehicles are driving side by side, going in the same direction. The initial contact between the vehicles may be minimal, but more serious damage can occur if either vehicle overcorrects into oncoming traffic or nearby cyclists and pedestrians.
Whatever kind of accident you’ve experienced, you should speak with a car accident lawyer to find out what rights you have and to help you recover the compensation you deserve.
How Can I Protect My Rights After a Car Crash?
Car accident victims have certain rights when their injuries have occurred because of the other party’s negligence or reckless driving. Many people find that the at-fault party appears helpful and cooperative at the scene of the crash but quickly becomes an opponent when it’s time to take responsibility for the accident. Insurance companies are often difficult for victims to work with, offering settlements far lower than the injured party deserves.
If you have an injury claim because of a negligent driver, there are a few steps you can take to protect your rights:
- Call 911 – Your first job is to make sure law enforcement and medical help are on the scene. They can attend to any serious injuries and file an accident report to help prove liability later.
- Seek medical treatment – Even if you don’t think you are seriously injured, you should be examined by a medical professional. This can save you from devastating permanent damage and prove that the crash caused your injuries.
- Take photos of the accident scene – This is a critical part of gathering evidence to demonstrate what happened in the accident.
- Exchange information – Get the other party’s name, insurance information, and their driver’s license number. You should also get any witnesses’ names and phone numbers, as the police may overlook this important step.
- Save important documents – This includes medical bills, insurance documents, receipts for repairs, and any other costs associated with the crash.
- Contact trusted Las Vegas car accident lawyers – This is one of the most important steps to ensure your rights are protected. Skilled car accident attorneys like those at Benjamin Durham Law Firm know Nevada law and will make sure justice is served in your case.
When Is it Time to Reach Out to Car Accident Lawyers?
The first thing to do if you’ve been in a car accident is to get medical help for you and any passengers. Once you have been examined and received the medical treatment you need, you should think about talking to Las Vegas car accident lawyers. Nevada law includes a two-year statute of limitations for car accident injuries, so you should begin the process of seeking damages right away following your accident. A good rule to follow is that as soon as you are able to seek compensation, you should do so.
A skilled personal injury attorney will listen compassionately to your concerns and questions and help you understand the legal process of bringing a car accident claim to recover damages for your injuries. Your car accident attorney will investigate the details of your accident to establish liability and hold the at-fault party responsible. They can also advise you on interacting with the other party and insurance companies to get the maximum settlement you deserve. Don’t delay; call Benjamin Durham Law Firm right away for help with your car accident claim.
Should You Hire Our Las Vegas Car Accident Lawyers?
At Benjamin Durham Law Firm, our twenty-plus years of experience gives us the edge you need in aggressively seeking the full compensation you deserve following your auto accident. We believe that every victim of another person’s negligence deserves justice, and we promise to pursue a positive outcome for you and your family diligently. Contact us right away for a free consultation to see how we can help you at (702) 793-2326.