If a family member is killed in a car accident in Las Vegas, NV, that occurs due to no fault of their own, you can hold the at-fault motorist accountable. In order to hold the negligent party responsible, you can file a car accident lawsuit. This requires you to hire a Las Vegas fatal car accident lawyer who represents your best interests and helps you get the most compensation possible.
At H&P Law, founded in 2009, we understand the costs of fatal car accident losses. Our Las Vegas car accident lawyer will put you in the best position to get compensation from anyone who caused your family member’s auto crash and death. To find out more, please reach out to us. We are courtroom-proven and client-praised.
How Liability is Determined in a Fatal Car Accident Case
When a fatal accident occurs, law enforcement is likely to investigate. This process determines the cause of the accident and often assigns fault to a party. However, fault comes down to who we can demonstrate was negligent in the case, which means they:
- Owed a duty of care: Any person on the road agrees to abide by the laws of the state and to keep others safe.
- Breach of duty of care: Using the cause of the accident, we can determine what this breach was, such as breaking the law.
- Causation: The breach must be the direct cause of the accident.
- Losses: The victim suffered losses, which in this case indicates they lost their life.
By proving these factors, our Las Vegas personal injury lawyers can pursue all parties involved to the fullest extent of the law. Expect us to be aggressive in determining this since it is paramount to recovering fair damages for you. If there is any question of liability in your loved one’s accident, let us find out what really happened.
Comparative Negligence in Nevada Car Accidents
As an at-fault state, victims of car accidents may seek compensation from the person who caused the accident. Witness statements, police reports, camera footage, and other evidence can help clarify who is at fault. Moreover, it is important to consider what happens when both parties share some of the fault.
Nevada follows a modified comparative negligence rule (NRS 41.141), which means the injured person can file a claim against the other party as long as they are no more than 50% at fault. If you are found to be more than 50% at fault, you cannot recover any damages in the accident. This can mean you cannot seek a claim against the other party.
If you maintain less than 50% fault, you can still file a claim against those who hurt you. However, your damages are reduced by the percentage of fault attributed to you, lowering the amount of compensation you can receive, often substantially. This applies to a fatal crash as well, in situations where the driver bears some of the fault for the incident.
Why Fatal Car Crashes Happen in Las Vegas
Most drivers take every precaution to avoid crashes. However, drivers sometimes cause fatal car crashes. The National Safety Council (NSC) reported more than 37,000 fatal car accidents nationwide. Nearly 400 fatal car crashes occurred in Nevada, according to the latest data. In Las Vegas, these incidents occur for many reasons, such as:
- Distracted Driving: Distracted driving is dangerous no matter when or where it happens. Distracted motorists take their eyes off the road, which can lead to a fatal accident. If a driver causes an accident due to a distraction, they can be held responsible for the incident.
- Intoxicated Driving: It is illegal to drive while under the influence in Las Vegas or anywhere else. If a motorist is intoxicated, they can lose concentration to the point where they cause a fatal accident. An impaired driver who is responsible for a fatal crash can face civil and criminal penalties.
- Fatigued Driving: A driver may be on the road late in the evening or early in the morning. Or a motorist can stay behind the wheel for a long time without taking a break. In either scenario, a fatigued driver can crash their car into another vehicle and be held accountable for their negligence.
- Car Issues: A driver is responsible for taking care of their car. If a motorist ignores brake problems or other car issues, these problems can make it difficult for the driver to operate their vehicle safely. Worst of all, a car safety problem can contribute to a fatal accident.
- Poor Road or Weather Conditions (Can You Blame Bad Weather for Your Car Accident?): Road or weather hazards do not excuse negligent driving. If a motorist claims a fatal accident is the result of poor road or weather conditions, they can still be held responsible. In this scenario, a crash victim’s surviving family members can partner with a lawyer to request damages from the at-fault motorist.
H&P Law has extensive experience handling traffic accidents in Las Vegas. A fatal car accident lawyer in Las Vegas can look at your fatal auto accident case and help you file your lawsuit within Nevada’s statute of limitations. For more information, please get in touch with us.
Nevada Auto Insurance Requirements
Nevada law requires all drivers to register their vehicles with the state and operate using a state-approved license. It also requires drivers to maintain liability insurance on a continuous basis. The Nevada liability insurance requirements follow a 25/50/20 rule, requiring all drivers to maintain:
- $25,000 in bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $20,000 for property damage per accident
These are minimums, and many drivers elect to purchase more coverage to protect themselves from claims after an accident. If you suffer an injury in a car accident, you deserve fair compensation for your losses, and these policies may help cover you if the other party is at fault.
Deadline to File a Las Vegas Fatal Car Collision Lawsuit
In Nevada, there is a two-year statute of limitations (NRS: Chapter 11) for personal injury and wrongful death claims. This means you have up to two years from the date a family member is killed in an auto accident to sue the at-fault driver for damages. If you choose not to submit a claim during this window, you cannot request compensation at a later time.
A fatal car accident attorney in Las Vegas will make sure your lawsuit is filed right away. Initially, they will ask you questions and learn as much as they can about your case. If you have a valid claim, they will submit your request for compensation.
If you have a best-in-class legal team at your side, you can craft a compelling argument that resonates with a judge or jury. Your attorney will present your argument and explain why you deserve compensation based on your family member’s auto crash and death. If your lawyer succeeds, you will get 100% of the damages that you request.
What to Do After a Fatal Car Accident
It often starts with a phone call from the police stating that something occurred and your loved one lost their life. When that happens, you, as close family members, have the right to take action. Here are several things to do after a fatal car crash occurs:
- Gather as much evidence as you can. Document all details about what occurred, any photos of the damage and debris, and information from the police.
- Avoid making any claims that could show your loved one was at fault. Instead, only share the necessary information with the police.
- Avoid speaking to the insurance company. Instead, let your attorney do so.
Hire a Las Vegas fatal car accident lawyer right away. The sooner our legal team gets to work on your case, the faster we can fight for you to see justice.
How Much Money Can You Get in a Las Vegas Fatal Auto Accident Lawsuit
In most personal injury and wrongful death lawsuits in Las Vegas, you can request any amount of compensatory damages. You can ask for economic and non-economic compensation. Economic compensation covers quantifiable losses like loss of income relating to your family member’s death, while non-economic damages give you compensation for loss of companionship and other subjective losses.
Your Las Vegas fatal car accident attorney will encourage you to pursue both economic and non-economic damages. The compensation that you request can total tens or hundreds of thousands of dollars. Regardless, your attorney will help you gather car accident evidence and witness testimony to support your request.
Even if you ask for a reasonable amount of compensation, there is no guarantee that you will get what you request. You and your lawyer must prepare an argument that shows a judge or jury that your family member was killed due to a motorist’s negligence. Throughout your litigation, your Las Vegas wrongful death lawyer works in lockstep with you to develop an argument that a judge or jury can easily understand.
Common Challenges in Pursuing Compensation from Insurance Companies
It can seem unfathomable that an insurance company would deny compensation to a grieving family when another party causes an accident like this. Many victim families struggle with these cases when they lack an attorney. Some of the most common complexities we see include:
- Denial of fault. The insurance company may refuse to pay a claim if it does not believe the policyholder was at fault.
- Denial of compensation owed to the family. Some insurance companies will dispute the losses you claim related to your emotional trauma and damage to the family.
- Long delays. Insurance companies want to delay any settlement offer, hoping to frustrate you into accepting a lower settlement.
Insurance companies must comply with legal requirements, and any bad-faith conduct will be taken seriously by our legal team. As a victim yourself, grieving for your lost loved one, you do not deserve to go through this additional trauma. Let our team help you learn your options.
What You Can Do to Minimize Risk After a Fatal Accident
After such a tragedy, it is necessary to take time to grieve. Let us begin the fight as soon as possible to get justice. After such an accident, we encourage you to:
- Ensure a police report is complete, and that law enforcement is investigating.
- Maintain any data, photos, text messages, or other evidence you have that could be helpful later. Do not turn these over to the insurance company.
- Refrain from speaking directly to the insurance company. They are not your ally.
The sooner you call our team, the sooner we can get to work protecting your rights. Expect our team to meet with you promptly to discuss your case. We are here to help, and our frequently asked questions can provide you with more information.
What to Expect if You Get a Settlement Offer in Your Fatal Car Accident Case
If you have a compelling argument, the defendant in your fatal auto crash lawsuit may have concerns. This may prompt the defendant to propose a settlement. If this happens, you have the option to close your case before it goes to trial.
You are not required to accept a settlement offer, but it can be beneficial to review the proposal with your attorney. This allows you and your attorney to weigh the pros and cons of any decision you can make about the proposal. If you have a strong car accident case, your fatal car accident lawyer in Las Vegas may recommend that you reject a settlement proposal.
Multiple settlement proposals can be exchanged during your litigation. If you do not get a settlement offer that lines up with your expectations, you can decline it without penalty. You and your lawyer can remain open to settlement offers until your trial gets underway, hopefully improving your case results.
Hire a Las Vegas Fatal Car Accident Lawyer
H&P Law can help you win or settle your fatal car crash lawsuit. Our Las Vegas fatal car accident attorney is here to help you in any way we can.
