You may suffer an injury in a car accident due to no fault of your own. In this situation, it may be best to pursue compensation from an at-fault party. To do so, you may want to hire a Laughlin car accident lawyer who can go over your legal options with you.
At H&P Law, we have a wealth of experience with auto crash claims. A Laughlin personal injury lawyer can evaluate your case and help you determine if now is the time to request damages from an at-fault party. To get started, reach out to us.
What to Do After a Car Accident in Laughlin
According to the National Safety Council (NSC), there were 5.4 million medically consulted injuries linked to motor-vehicle incidents in a given year. If you are involved in an auto crash, how you respond may impact your ability to treat any injuries you suffer. Here are tips to help you deal with the immediate aftermath of a car crash:
- Get Help: Call 911, which will bring medical personnel and police officers to your crash scene.
- Talk to the Other Driver: Get this motorist’s contact, insurance, and driver’s license information.
- Gather Evidence: Use your smartphone to capture photos and videos from the accident scene.
- Go to the Hospital: Receive medical care, so you can treat your injuries before they get any worse.
- Speak to the Police: Discuss your accident with the police, and they can put together an accident report.
Along with these things, you may want to notify your insurance company about your crash. In Nevada, liability insurance is mandatory for motorists, which is why it is important to determine how much auto insurance you need to carry in Nevada. Even though you may not be at fault for your collision, you may be able to get compensation through the other driver’s insurance coverage.
Car Accident Liability
In many car accidents, a negligent driver is at fault. For example, a motorist may be speeding and crash their car into yours. In this example, the driver may be held accountable for any accident-related losses you incur.
There are instances where a car parts manufacturer may be liable for a collision. A driver may operate a vehicle with faulty parts and get into an accident. The motorist may be able to show they did not know about the defective parts and hold the manufacturer accountable for their crash.
A government body may face a lawsuit after an auto accident. It may be the responsibility of a government entity to take care of a road. If the entity does not follow through on its legal obligation and a motorist gets into an accident, the driver may have grounds for an injury claim.
How to Prove Fault After a Car Accident
A Laughlin car accident attorney can answer frequently asked questions and others surrounding liability in auto collision cases. To prove fault, you must provide a body of proof that indicates a party was negligent. You must be able to show the following elements of negligence were present when your crash happened:
- Duty of Care: An at-fault party was legally obligated to avoid careless or reckless acts that could put you and others in danger.
- Breach of Duty of Care: The party ignored their duty of care in spite of the potential consequences that could come with doing so.
- Causation: Your accident was the result of the party’s decision to violate their duty of care.
- Damages: You are dealing with subjective or quantifiable losses due to your accident.
The legal team at H&P Law may help you prove negligence in your auto collision case. A car accident lawyer in Laughlin is available to review your case. Contact us today.
Car Accident Claim Statute of Limitations
Per Nevada Revised Statutes (NRS) §11.190, there is typically a two-year period of limitations for a personal injury claim. Based on this, you may have up to two years from the date of your auto collision to seek damages. If you decide not to submit a claim within this window, you may lose the right to pursue compensation at a later time.
A car accident attorney in Laughlin may encourage you to file your request for compensation as soon as you can after your collision. They may help you calculate your economic and non-economic damages. They may work with you to ask for compensation for your medical bills, lost wages, pain and suffering, and other losses.
Just because you request compensation through an insurance claim does not guarantee you will get compensation after an auto crash. An at-fault party’s insurance company may do everything it can to avoid paying out your claim. Fortunately, your attorney may advocate for you, protect your legal rights, and put you in the best position to secure the damages you want.
Comparative Negligence in a Car Accident Case
You may have an abundance of evidence to show you are in no way responsible for your auto crash. Regardless, the defendant in your case may look for ways to discredit your argument. Because, if they succeed, they may have to pay you only a portion of the damages you initially requested or no compensation at all.
Nevada has a comparative negligence statute in place that may impact how much money you are able to get in a car crash case. If you are found to be 1-50% at fault for your auto collision, the damages you receive may be reduced by your percentage of fault. In a case where a judge or jury determines you are primarily responsible for your crash, you may be ineligible to get damages.
For instance, a judge or jury may decide you are 20% at fault for your auto accident. At this point, you may receive 80% of the damages you originally requested. On the other hand, if a judge or jury finds you are 51% at fault for your car crash, you may not receive any damages.
File a Claim with the Help of a Laughlin Car Accident Lawyer
If you are weighing the pros and cons of filing a car accident claim, the legal team at H&P Law may be able to help you out. We can examine your case and help you decide on the best course of action. To schedule a free case consultation, contact us today.
