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Whether you are a visitor or a Las Vegas local, the last thing you want to worry about is getting into a car accident. Unfortunately, these incidents do occur, and the team at DiMarco | Araujo | Montevideo is ready to help when you need a Las Vegas car accident lawyer by your side. We will conduct a complete investigation into your case in order to secure the compensation you are entitled to. We are California attorneys licensed to practice law in Nevada, so we are here to help if you are a CA resident who was injured across state lines.

Choose DiMarco | Araujo | Montevideo for Your Case

If you have sustained a car accident injury during your trip to Vegas, the team at DiMarco | Araujo | Montevideo has the experience you need to get through this.

  • We maintain licenses to practice law in both California and Nevada. Few other firms In California can offer legal representation across state lines.
  • Our attorneys have more than 40 years of experience handling all types of personal injury cases.
  • We take Las Vegas car accident cases on a contingency fee basis, which means our clients pay no upfront or out-of-pocket costs for their cases. We only collect legal fees after we win for our clients.

How Will a Car Accident Attorney Help This Case?

A Las Vegas car accident lawyer is going to be an incredibly beneficial resource in these cases. An accident attorney has the resources necessary to:

  • Obtain any evidence needed to prove liability, including statements from eyewitnesses, accident reports, photo or video surveillance of the incident, and more.
  • Ensure their client is evaluated by a trusted medical professional who will help calculate total expected expenses.
  • Negotiate with every party involved, including aggressive insurance carriers, to obtain the compensation necessary.

How Do Las Vegas Car Accidents Occur?

Las Vegas is a hotspot for car accidents in the state of Nevada. With local traffic mixing with visitors from all over the country, the roadways in this area can get crowded. Unfortunately, those on the roadway in the Las Vegas area need to be wary of negligent driving behaviors. At DiMarco | Araujo | Montevideo, our car accident lawyers in Vegas regularly help clients who have been injured because another driver:

  • Operated while impaired by alcohol or drugs
  • Operated while distracted by a cell phone or other device
  • Failed to yield the right of way
  • Failed to follow traffic laws
  • Operated too fast for conditions

Data available from the Nevada Office of Traffic Safety shows that thousands of people sustain injuries in traffic collisions in Las Vegas each year. Statewide, there are usually more than 300 total traffic fatalities each year across the state. The team at DiMarco | Araujo | Montevideo regularly helps clients have sustained the following injuries In Las Vegas traffic collisions:

  • Traumatic brain injuries
  • Concussions
  • Spinal cord injuries
  • Whiplash or other neck and back injuries
  • Severe lacerations
  • Internal organ damage or internal bleeding
  • and more

Proving Fault for a Las Vegas Car Accident

Every driver has a duty of care to drive at responsible speeds, obey traffic signals, and avoid dangerous or distracting behaviors behind the wheel. Some of the most common causes of accidents include distracted driving, driving under the influence of alcohol or illicit drugs, and negligent moving violations like failing to stop for a red light or stop sign. Aggressive driving can also easily cause an accident.

When one driver injures another, the injured driver may be able to pursue a personal injury claim against the at-fault driver and secure compensation for the resulting damages, such as medical expenses, lost income, property damage, and pain and suffering. Auto insurance is mandatory in Nevada and every driver must meet the state’s minimum coverage requirements. If an at-fault driver does not have sufficient insurance coverage to completely cover the injured driver’s damages, the injured driver can file a personal injury lawsuit to secure additional compensation.

What if You Were Partially Responsible for the Accident?

Rarely are car accident cases straightforward when it comes to determining liability for the incident. Yes, sometimes it is very clear that one driver was completely to blame for the incident. However, there are times when even an injured victim in a car accident was partially responsible for the incident.

According to Section 41.141 of the Nevada Revised Statutes (NRS), even those who are partially responsible for a car accident could still recover compensation. Under Nevada’s modified comparative negligence law, accident victims can recover compensation if they are 50% or less responsible for their injuries. Anyone more than 50% responsible for their injuries will not be able to recover any compensation.

Under the state’s modified comparative negligence laws, a victim will receive reduced compensation based on their percentage of fault. For example, if Rebecca is awarded $10,000 in compensation for her whiplash injury after a car accident, but it is determined that she was 10% at fault for the incident, she would receive $9,000 in total compensation.

What You Can Do Immediately Following a Car Accident in Las Vegas

There are various steps that injury victims can take in the aftermath of a car accident to help ensure they receive maximum compensation for their claim. At DiMarco | Araujo | Montevideo, our Las Vegas car accident lawyers recommend that victims take the following steps:

  • Seek medical care immediately. In the aftermath of any car accident, victims need to seek medical care. Even if the injuries seem minor, the signs and symptoms of an underlying injury may not become apparent until hours or days later. A medical professional needs to evaluate all injury victims.
  • Contact law enforcement. Law enforcement officials need to come to the scene of a crash to conduct a preliminary investigation and complete an accident report. This will be vital evidence used by insurance carriers to determine liability and compensation.
  • Obtain evidence. If a car accident victim can safely do so at the scene of the crash, they should gather as much evidence as possible. This can include using a phone or another device to take photos of any injuries, damages, debris, causes of the crash, etc. The names and contact information of any eyewitnesses also need to be gathered.
  • Call an attorney. Car accident injury victims should contact a skilled personal injury lawyer as soon as possible. A Vegas accident attorney will help ensure that all of the correct steps are followed to obtain maximum compensation.
  • Report the incident to the insurer. All car accidents need to be reported to the insurance company very soon after they occur. Your initial report does not have to go into detail about the crash, but the carrier does need to know that the incident occurred.
  • Continue medical treatment. All injury victims must continue receiving medical treatment until their doctor says they have reached maximum medical improvement. Discontinuing medical treatment before reaching maximum medical improvement could give insurance carriers or at-fault parties a reason to deny the claim.

What Are the Minimum Car Insurance Requirements in Las Vegas?

In order to remain legal on the roadway in Nevada, all drivers must carry the following minimum insurance:

  • Bodily Injury Liability Coverage: $25,000 per person and $50,000 per accident
  • Property Damage Liability Coverage: $50,000

Uninsured motorist coverage is not required in Nevada, but it is highly recommended that all drivers consider purchasing this additional coverage. Uninsured motorist coverage is incredibly beneficial if you are struck by a driver with no insurance or are involved in a hit-and-run crash.

Is There a Time Limit to File a Car Accident Lawsuit in Las Vegas?

Yes, there is a time limit that victims in car accidents need to be aware of for these cases. Nevada places a two-year statute of limitations on all personal injury claims. This means that car accident victims have a two-year window from the date the accident occurs with which to file a lawsuit against an alleged negligent party. If a car accident victim fails to file a lawsuit within this statutory time limit, they will likely lose the ability to recover any compensation for their losses.

It is important to understand that this two-year limitation does not apply to insurance settlements or reporting. Most insurance companies require that accidents be reported as soon as possible after the incident occurs, usually within a day or two. Failing to notify the insurance company of the incident could result in a claim of denial or a delay in an eventual settlement.

What if You Were Struck by an Uninsured or Underinsured Motorist?

Being involved in an accident with an uninsured or underinsured motorist can immensely complicate the car accident settlement process. In some cases, it is discovered that an at-fault driver has no insurance at all. In accidents involving hit and run drivers, particularly if the at-fault driver is never found, this would be considered an uninsured motorist accident. In other instances, a driver may have insurance, but their policy limits may not cover the total expenses of the victim in the case.

In Nevada, uninsured and underinsured motorist coverage is not mandatory. However, this type of coverage is highly recommended. Uninsured and underinsured motorist coverage can provide victims of car accidents much-needed coverage in the aftermath of a crash.

A victim in a car accident may still be able to take the at-fault driver to court to recover compensation, but it is very unlikely that the other driver will have the assets or income to be able to pay for any damages awarded by a jury.

What Type of Compensation Is Available for a Las Vegas Car Accident?

If you have sustained a car accident injury caused by another person while visiting Las Vegas, you need to speak to an accident attorney as soon as possible. At DiMarco | Araujo | Montevideo, our California attorneys are licensed to practice in Las Vegas and are ready to help you through this. We will work to secure compensation for the following on your behalf:

  • All crash-related medical bills
  • Lost income if you are unable to work
  • General household out-of-pocket expenses
  • Pain and suffering damages
  • Possible punitive damages in cases of gross negligence

How Much Compensation Is Available After a Las Vegas Car Accident?

There is no set amount of compensation available in the aftermath of a Las Vegas car accident case. The total amount of compensation will vary depending on the circumstances related to each particular situation. This can include the severity of the victim’s injuries, whether or not the victim had any fault in the crash, the level of the victim’s pain and suffering, and more. An attorney will work with trusted medical and economic experts to help calculate total expected losses.

Are You Required To Go to Court at Any Time?

Just because you file a car accident claim does not necessarily mean you will have to go to court. In fact, the vast majority of Las Vegas car accident claims are resolved through settlements with insurance carriers before a lawsuit even has to be filed. However, if an insurance company denies a claim or fails to offer a fair settlement amount, it may be necessary to file a personal injury lawsuit against the at-fault driver.

When this happens, the likelihood of going to court increases but is not guaranteed. Even after a personal injury lawsuit is filed, most cases are still settled before the injury victim has to go to trial. Attorneys from both sides will conduct investigations, go through the discovery process, and continue to negotiate to try and reach a settlement. Only if a settlement is not reached will a car accident injury victim in Las Vegas have to go to court.

How Long Does It Take To Reach a Settlement?

There is no set amount of time that it takes for a Las Vegas car accident claim to settle. As we mentioned, most claims are resolved through insurance carriers. For cases that are resolved without the need for a personal injury lawsuit, the claim may be settled within a month or two. However, insurance carriers can draw out this process, particularly if there are disputes over fault or how much compensation the victim should receive. These disputes could push the process into months or closer to a year.

If a personal injury lawsuit has to be filed, you can nearly guarantee that the process will take a year or more to complete. However, that is not necessarily a bad thing, particularly if the personal injury lawsuit helps ensure that the victim receives more compensation.

We strongly recommend that you work with our Las Vegas car accident attorneys to gain an understanding of how long your case may take. An attorney may not be able to give you an exact amount of time when the process begins, but they will be able to give you a ballpark estimate.

What Evidence Can Be Used for Your Case?

There are various types of evidence that can be used to determine liability and damages in the aftermath of a Las Vegas car accident. A qualified car accident attorney will use their resources to conduct a complete investigation into the case to obtain the following evidence:

  • Photographs from the scene of the crash
  • Video surveillance from nearby homes or businesses
  • Statements from eyewitnesses
  • Police reports
  • Mobile device data
  • Vehicle “black box” data

In some cases, it may be necessary for an attorney to hire an accident reconstruction expert who can use their skills to piece together exactly what happened and testify to insurance companies or at a personal injury trial.

Additionally, an attorney will obtain various types of evidence in order to prove the total losses the injury victim sustains. This will include:

  • Medical bills
  • Proof of lost wages
  • Receipts for out-of-pocket expenses
  • Personal and medical records that show pain and suffering or loss of quality of life

When you need a Las Vegas personal injury lawyer, you can contact us for a free consultation by clicking here or by calling (714) 783-2205.

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