Anyone who has been involved in a car accident in Las Vegas will need to understand the Comparative Negligence rule for these types of cases. This rule may affect the amount of compensation you are entitled to for your losses. Continue reading
Establishing Negligence in Car Accident Suits
Drivers in Nevada and other states have a duty to follow the rules of the road and act safely, but some drivers take risks and engage in unsafe behavior. If a driver’s actions or failure to act results in a motor vehicle accident, this motorist could be negligent and responsible for a victim’s injuries. The injured party could seek compensation in civil court when negligence occurs, and negligence typically includes multiple factors.
Duty and Its Breach
Duty in car accident cases usually refers to the standard of care drivers owe others on the road. This standard of care generally involves the amount of caution a reasonable person would use. To show a breach of duty, a plaintiff or a plaintiff’s attorney would need to show how the driver’s actions put someone in danger. This may be more evident when a driver is engaging in actions that break a law like speeding or texting and driving.
The victims of car crashes are allowed to file suits in civil court to seek compensation for the losses an accident caused, so there must be some damages that a plaintiff wants to recover. The damages one suffers could be physical, financial or emotional and may include the costs for medical bills, time off from work or property damage.
A defendant’s actions must be linked to the damages one suffered. Proving cause is sometimes more complicated than it initially seems. For example, one could argue injuries would not have occurred if a texting driver did not crash into one’s vehicle. While this could serve as cause, a defendant might argue that a victim shares responsibility. If the victim was not wearing a seat belt, this could have contributed to his or her injuries.
Seeking compensation from a responsible party can help one recover after a wreck, and an auto accident lawyer in Henderson may be needed to ensure one receives a fair verdict or settlement.
How Much Does a Car Accident Lawyer Cost?
Financial problems are the biggest issue that car accident victims face. They worry about how they will pay their medical bills and keep a roof over their heads on a daily basis. Another problem among car accident victims is their delay in hiring a reputable attorney to collect their compensation. They may put off speaking with a reliable car accident attorney Las Vegas office because they assume the costs will burden them further. The truth is that reliable personal injury attorneys will remove the stress from the accident victim by providing the victim with free services or deferred payments.
Free Consultation for Personal Injuries in Las Vegas
One of the distinguishing marks of a reliable personal injury attorney is the offering of a free consultation. The consultation is the initial hearing during which the parties discuss some details of the accident. The prospective client will have an opportunity to meet with the attorney and establish a sense of trust. The attorney will have the opportunity to assess the case to see if he or she can offer assistance in collecting compensation. A free consultation poses no risk to the potential client, and both parties start with a positive aura.
Caring Attorneys Provide Contingency Representation
Another benefit that a compassionate law office will provide is contingency representation. Contingency representation is contingent upon a case win. That means that the victim does not have to pay a penny to the lawyer unless that lawyer wins the case. Many lawyers offer contingency representation because it shows that they care deeply for their clients. They understand that their clients are struggling as it is, and they do not wish to accumulate further burdens.
How Much Does Representation Cost?
Different lawyers will have different prices for their contingency representation. Some law offices like to charge their clients 25 percent, while other offices may charge as much as 40 percent. The attorneys will handle all the case tasks from collecting documentation to negotiating with the accused parties. A reliable office may try to push for an out-of-court settlement. An out-of-court settlement is positive for the attorney and the client. Such a settlement will provide the victim with the funds that he or she needs to survive. The attorney will deduct the fees from the settlement check. A victim can schedule an appointment today for reliable representation that will not cost a penny until that person sees a win.
Vehicle accidents are a common cause of post-traumatic stress disorder. You may be entitled to receive compensation if the accident caused you to experience PTSD.
Auto Accidents and Post-Traumatic Stress Disorder
According to statistics, every driver on the roads of America is likely to be involved in an auto accident of some type every 17.9 years. The victim of an auto accident can sometimes walk away without a scratch, but there can be hidden injuries that are not immediately recognized. One type of hidden “injury” is post-traumatic stress disorder, or PTSD.
PTSD: It Doesn’t Only Affect Soldiers
You may be surprised to learn that PTSD is not limited to the soldier who was in combat or the victim of a violent crime. PTSD is also a common occurrence among auto accident victims. While some people may believe the condition to be a simple anxiety disorder, it runs deeper than that. Unlike common anxiety or stress responses, PTSD is triggered by a high level of trauma and is a common part of the victim’s daily life.
What Are PTSD Symptoms?
PTSD symptoms often occur as intrusive memories, avoidance, mood/behavior changes and arousal.
Intrusion: The victim is troubled by memories of the event on a regular basis. He or she may experience flashbacks and nightmares.
Avoidance: The victim may avoid certain people, places or activities if these things tend to bring back memories. He or she may also refuse to discuss the event.
Mood/Behavior Changes: A common symptom of PTSD includes behavioral changes such as emotional numbness, despair about the future, an inability to maintain close relationships and a lack of enthusiasm. The victim of PTSD may also exhibit self-destructive behavior such as alcohol abuse or suicidal tendencies.
Arousal: PTSD is also manifested as an inability to concentrate, hyper-vigilance, poor sleep patterns and a sense of constant danger.
You’re Not Alone
PTSD can bring severe trials to the victim of the auto accident and his or her immediate family and friends. Because of the nature of PTSD, it can take several weeks for the symptoms to manifest themselves. If you or one of your loved ones has been in an auto accident recently, pay close attention to any possible signs of PTSD. You may be entitled to compensation for your treatment if your accident was the fault of a negligent driver. A competent Las Vegas auto accident attorney will be able to help you get the most out of your auto accident claim.
A car accident can cause overwhelming emotions and it may be hard to think in the moment. These suggestions should help you know exactly how to handle the situation.
Knowing What to Do After a Car Accident
You pack the car with a cooler and blanket and start driving towards Hoover Dam with the family to enjoy the sunshine and take a picnic, when all of the sudden, another car slams into the back of your vehicle. Adrenaline is flowing and your first response is to make sure the kids are all right, but in the heat of the moment, it may be difficult to think clearly. A car accident can be physically and emotionally devastating, but it is extremely important to remain calm under pressure. Here are some steps you should take after being involved in a car accident.
You and Your Passenger’s Safety Comes First
If anyone in your car or the other driver’s car is injured, do not move him or her, unless not doing so would result in further injury. Call 911 and assist in any way you can. If you do not have a phone, try to flag down another motorist and use their phone or ask them to get help. Turn on your hazard lights to prevent other crashes from happening.
Information to Gather
If the accident is minor and no one is injured, call the police to report the event. It is also important to collect pieces of information for your own records, such as the other driver’s name, address, birthday, phone number, insurance company and driver’s license number. Write down their car make, model, VIN and license plate number as well. If there are passengers in the other vehicle, attempt to gather the same information from them as well. When the police officer arrives, write down their badge identification number and name and inquire about where you can obtain a copy of the report. If you notice debris in the road or that a streetlight is out, make a note about it.
What to Do After the Accident
It is a good idea to schedule a checkup with your physician after an auto accident to ensure you have not been injured in any way. If you wait for several months then start experiencing pain in your back, it may be too late to receive medical payments from the insurance company. For additional assistance, you may want to contact a car accident attorney Las Vegas who specializes in this particular area of the law.