Injuries people sustain in car accidents can vary greatly, depending on the severity of the impact. Some will be mild, especially if the accident was not very serious, and others can be grave if the effect was severe. The most dangerous of these injuries are the severe ones, as they cost more on treatment and could take a longer time to heal completely.
Many auto accidents in the state of Nevada result in catastrophic injuries. If you have sustained severe injuries as a result of another person's negligence, it is advisable to work with an experienced personal injury attorney. He/she will ensure that you get full compensation for all the injuries you have incurred. If you are in Las Vegas, NV, get in touch with us at Las Vegas Personal Injury Attorney Law Firm. We can fight alongside you for a favorable outcome.
Nevada Auto Accident Laws
Car accidents are types of accidents in which a series of destruction is experienced in the aftermath. Among these are severe physical injuries on one or more persons. Different types of physical injuries can be sustained in a car crash, including bone fractures, head trauma, paralysis, traumatic brain injury, and injuries to the spinal cord, among others. The severity of these injuries will depend on the nature of the accident and the underlying circumstances. The good thing is that in the state of Nevada, any person that has been injured in a car crash is allowed by law to pursue compensation for their injuries.
If you have been in an accident in which you believe another person has caused it, you may want to consider your options in getting the compensation you deserve. The payment will take care of all your physical injuries and anything else you might have lost in the accident, including repair for your car. There is a statute of limitations to adhere to, though. It is the period within which the plaintiff must file a claim in a civil court against the negligent party. Note that this time limit does not apply to applications filed to insurance companies. The insurance company will require the plaintiff to contact them within a given period after the accident.
However, if you are planning to file a lawsuit in a civil court, you might have to adhere to the set time limit by the state's auto accident laws. In Nevada, if a loved one lost their life in an auto accident, and the cause of the accident was another person's fault, you are allowed to file a lawsuit against their wrongful death within two years after the accident. After that, your claim will not be accepted by the court, and you may have lost your chance to recover compensation for all the damages incurred after their death. The same time limit applies to a plaintiff who would like to file a lawsuit against negligent parties who caused them their injuries in an auto accident.
If, on the other hand, a person would like to pursue compensation for property damage incurred in an auto accident, Nevada laws have given that person three years. After that, the person may not be able to get any compensation for their losses. It is, however, essential to start the process as soon as possible, even if you are confident that your case will be settled out of court. Give yourself enough time to file a lawsuit just in case you do not come to a consensus with the insurance company. Working with an experienced attorney throughout the process will make it easy for you to meet such deadlines.
Catastrophic Auto Accident Injuries
As mentioned above, there are two types of injuries that a person can sustain in an auto accident in Nevada: minor and catastrophic injuries. Minor damage could be a strain in the back that will require less medical attention. Significant injuries are more common in car accidents, and some can even be life-threatening. Considerable damage will also be accompanied by pain and discomfort and may take a longer time to heal. These are also called catastrophic injuries.
Catastrophic injuries experienced in an auto accident do not just cost more on medical treatment, but also they are life-changing and could take a very long time to heal completely. Some do not heal completely, and the person may live the rest of their life seeking treatment, or on pain medication. They are the kinds of injuries that do not just affect the accident victims but their loved ones as well. So many challenges are associated with these types of damages, and the accident victim may have to learn new skills to be able to adapt to a new way of life afterward.
According to Nevada laws, catastrophic injuries are also those kinds of injuries that will hinder a person from performing their routine tasks. These are, for instance, a loss of eyesight, complete hearing loss, and injuries to the spinal cord, among others. They have more lasting effects. Most of the people who have sustained catastrophic injuries require support to perform their day-to-day activities.
Types of Catastrophic Auto Accidents in Nevada
All kinds of car accidents occur in the state of Nevada. Most of these are common car crashes that result in common injuries and damages. However, there are more unusual accidents that occur on our roads too. They are more dangerous and result in catastrophic injuries and more damage to properties. Understanding the type of accident you have been involved in is an essential thing in determining your rights in seeking compensation after the accident. Some of the catastrophic auto accidents that have been reported in Nevada before include:
We do not experience car fires every day, but once they happen, they leave a trail of destruction behind. Car fires are the kinds of accidents that result in devastating consequences, in terms of severity of injuries experienced by those involved and the amount of property damage incurred. Car fires can be caused by a lot of things, including a gas leak, fault electricals, and overheating. The type and nature of the accident will help determine the at-fault party. At-fault parties in such accidents could be the vehicle manufacturer or the company that has been working on the vehicle.
Other car fires occur after an accident. Damage in a car after a crash could affect its fuel system, resulting in fires after its gas ignites. If other vehicles were involved in the accident, they too could catch fire.
If you or your loved one has sustained injuries in such an accident, it is advisable to seek the help of a skilled personal injury attorney. Your attorney will help determine the party liable for the accident and help you file a claim against them.
These are types of car accidents where a vehicle flips and rolls over several times. They are the kinds of accidents in which the people in the vehicle sustain the most severe injuries. When a car is rolling over, the people inside it do not get any amount of protection that a vehicle can provide, and so, they can suffer all kinds of injuries, including severe fractures, traumatic brain injuries, and spinal cord injuries. Rollovers are dangerous and could result in the death of victims.
There are several reasons why these kinds of accidents occur. The most common rollovers are those that occur because a vehicle is not adequately balanced, and so, the driver loses control when driving fast or taking a corner. If the vehicle is carrying heavy loads, the driver or anyone else in that vehicle can sustain serious injuries. Other rollovers occur after a significant impact, which could cause the car to flip over and roll, and then it lands on its roof or side. Generally, the consequences of rollovers can be devastating.
Again, determining the cause of a rollover is essential in determining the at-fault party. With enough evidence at hand, your attorney can help you come up with a strong case against the at-fault party. It will help you recover all the damages you have incurred in the accident.
Sinkhole Auto Accidents
These are the kinds of car accidents that occur in areas of the road that have developed cavities. When there are cavities on the road, the stability of that road, the highway, and the structure above their surface-level are lost. Even in areas where sinkholes are not visible, the ground above it can cause instability that could cause an accident. Once the sinkhole collapses, anything that is above it, including the vehicle, can be drawn into it, resulting in a severe accident. Sinkholes auto accidents result in catastrophic injuries and sometimes death.
Ground erosion beneath car lots, roads and carriageways can result in sinkhole accidents. If the sinkhole itself has water, people in the vehicle risk drowning in the event of an accident. Sinkholes are, therefore, very risky. When such accidents occur, the government bodies mandated with road and highway maintenance are usually held responsible for the resulting damages. If there is enough evidence to show that an entity failed in its duty, and this failure resulted in the loss of lives or catastrophic injuries, an experienced personal injury attorney can help you recover all your damages.
If your loved one has lost his/her life to such an accident, you or their estate is allowed by the law to pursue compensation for their wrongful death.
Airbags are designed to offer protection to drivers and their passengers in case of an accident. However, they can sometimes contribute to or cause injuries to the same people they are meant to protect. In case of a crash, airbags deploy so fast. In the process, they could cause severe abrasions and sometimes burns. Catastrophic accidents with airbags can also happen in case they are deployed too soon or with greater force.
Again, airbag injuries can result from faulty accident sensors, which could cause the airbags to deploy even when protection is not required. This is also a major cause of catastrophic auto injuries and sometimes deaths. If an airbag was to deploy unnecessarily when you are behind the wheel, the driver could lose visibility and, eventually, the control of the vehicle.
The same thing could happen if an airbag fails to deploy when it is needed. Drivers and passengers in vehicles installed with airbags depend on these features for protection in case of a crash. When the shield is not forthcoming, the driver and his/her passengers will not be protected from its impact. Injuries in such an accident could be catastrophic if the crash were significant.
The help of a skilled personal injury attorney will help in determining the party responsible for the airbag malfunction. It will be the party against whom you should file a lawsuit in a civil court for compensation.
Car Crashes with Trains
Most car accidents are those that involve road users such as motorists, passengers, truck drivers, bicyclists, motorcyclists, and pedestrians. However, these are not the only people that could get involved in an auto accident. Other people can still get affected by accidents involving a vehicle, and these could be train drivers and their passengers. Accidents involving cars and trains occur in intersections that have railways. Trains are usually larger, heavier, and they move at high speeds. When cars come dangerously close to moving trains, a severe crash could occur, causing great destruction.
One of the reasons why such an accident could occur is in the case of an inattentive driver when he/she is approaching an intersection with a railway. A faulty crossing and a failed signal are also significant contributors to such accidents. Because of the enormous impact of such accidents, the driver and his/her passengers could suffer serious physical injuries. Sometimes lives could be lost as a result. The train could also derail, causing its driver and passengers even more significant injuries.
Filing a Nevada Catastrophic Injury Lawsuit
Catastrophic injuries are not like common injuries that get treated, and the person can go back to their routine after the accident. These are injuries that present more damaging effects, and some of them can stay with the person for life. For that reason, they are more expensive to treat and manage. Other than high treatment fees, a person with a catastrophic injury may require the services of a personal physician for the rest of their life, fees for a special diet, and money to buy special apparatus to keep them going for the rest of their lives.
These are expenses that will drain a person's bank account, even if they are the wealthiest person in the universe. That is why the person is allowed by law to pursue compensation from the negligent party. All they need is to file a personal injury claim in a civil court against the liable party, listing down all their damages and providing the total amount of their application. You will, however, benefit a lot from an experienced personal injury attorney in the state to win such a lawsuit.
To present a winning claim, there are a few things you must put into consideration. Note that most personal injury claims get resolved out of court. It is essential to know how to negotiate for the best settlement to ensure that all your damages are well compensated. Again, an experienced personal injury attorney will help ensure that you are not getting a lower compensation than you deserve. Here are some of the steps your attorney must take to ensure a smooth and successful process:
Establish Your Claim
Even if you are planning to negotiate with the responsible party's insurance provider, it is good to plan for unforeseen issues that could lead you to a civil court. Most personal injury cases are indeed resolved outside the courts, but some end up before a jury. For that reason, your attorney should prepare all the necessary documents, including evidence and eyewitness reports and anything that might strengthen your case against the at-fault party.
He/she will also preserve evidence and state their cause of action from the beginning. It tells the insurance company that offering a fair settlement is in their best interest because they might lose a lot more if the case was to be determined in a civil court. Insurance companies want to settle claims as fast as possible so that they can go on with their day to day operations. If your attorney shows them that you are willing to fight for what you deserve, the company will be forced to evaluate your case correctly.
Prepare and Send a Demand Letter
It should be the first thing you do once you decide to pursue compensation with the liable party's insurance provider. The help of an attorney will go a long way here; in ensuring that the demand letter is well prepared and sent to the insurance company on time. The letter will mark the beginning of your negotiations. It will also provide a detailed account of the crash and the damages for which you are claiming compensation.
Once the insurance company receives the demand letter, it will assign an adjuster to your case. You will receive a call from the adjuster within fourteen days of sending the letter. The adjuster will either approve your demands or make you another offer. If no response is forthcoming even after getting in touch with the company's claims department, you can proceed to file a lawsuit in a civil court.
Most insurance companies will respond to reserve their right to respond. It is a confirmation that your letter of demand was received and that the adjuster is investigating the claims. Note that the insurance company may refuse to pay compensation if the liable party's policy doesn't cover the kind of accident in which you were involved.
Negotiations for Settlement
It would be in the best interest of both parties if the claim were settled out of court. For that reason, your lawyer will try his/her best to engage in informal talks with the insurance company to agree on the right settlement for your injuries. Note that this might take time because most insurance companies are not always willing to offer what the plaintiff is asking on the demand letter. There will be disagreements too, as the insurance company tries to dispute some parts of your claim so as not to pay the full amount of your request. That is why it helps to work with a skillful and experienced personal injury attorney.
In the negotiations, the insurance adjuster will continuously try to see areas on your claim in which he/she can dispute to lower the amount of compensation you will get from the insurance company. Some of the areas of interest the adjuster will be looking into include:
- Where the liability falls- in your demand letter, you may have provided proof of responsibility on the part of the other driver. however, the insurance adjuster will also try to point out your part of liability, so as not to pay the full amount of compensation
- How severe your injuries were- the question on whether or not your damages are permanent and/or disabling will also come up
- The nature of medical help you have received in the past- he/she will also look into whether or not you had a pre-existing health condition before the accident, which might have gotten worse with the crash
You can either agree or disagree with their arguments, depending on the facts of your case. After all the considerations have been made, the adjuster can make you another offer, which you may or may not agree with. If the negotiations are not working, then it will be a good idea to seek legal help in a civil court.
Find a Las Vegas Personal Injury Attorney Law Firm Near Me
If you have been involved in an auto accident and suffered a catastrophic injury, it is essential to know what to do to get the compensation you deserve. The legal process is sometimes challenging and may make it hard for you to recover the damages incurred. That is why you need the help of a skillful personal injury attorney. At Las Vegas Personal Injury Attorney Law Firm, we can take you through the process, discuss with the insurance provider on your behalf, and also file a lawsuit in court if need be. Call us at 702-996-1224 if you are in Las Vegas, NV, and let us make the process smoother for you.