Car Accident Attorney Serving Clients in Las Vegas and Throughout Nevada
If you have been injured in a car accident, there is no time like the present to consult an attorney. Although it might feel like your world has come to a complete stop, the defendants and insurance companies will waste no time trying to dispute potential claims and deprive you of the compensation you deserve.
Burg Simpson Nevada is dedicated solely to representing plaintiffs in personal injury claims. Motor vehicle accidents make up a significant percentage of our cases, and we have extensive experience helping clients achieve not only fair compensation, but peace of mind.
Call Burg Simpson at 702-668-2070 today for a FREE and confidential case evaluation. Our car accident lawyers serve clients throughout Las Vegas and other areas of Nevada.
Do I Need a Car Accident Lawyer?
Motor vehicle accidents can be much more complicated than people realize. A host of different issues can lead to a crash, which in turn makes it more difficult to exercise your legal rights and obtain the compensation you deserve.
Even a seemingly “minor” car accident can have immense ramifications for your health, your ability to work, and your day-to-day life. You do not want to assume everything is fine only to discover that you are facing injury, substantial expenses, and other burdens with no legal recourse.
Hiring a car accident lawyer is the only way to ensure your rights are protected. Your attorney can take steps immediately to start building your case while you focus on recovering from your injuries.
At Burg Simpson, we investigate the scene of the accident, take photos, speak to witnesses, and review all crash reports to identify the individual(s) responsible. Perhaps even more importantly for our clients’ peace of mind, we also handle all communications with the insurance company to ensure the greatest potential for a favorable outcome.
Determining Fault for a Car Accident
Nevada is a “fault state.” This means that you and your car accident attorney will need to prove that someone else was at fault for the accident to recover damages.
Usually, the at-fault individual is the driver of another car. Multiple forms of evidence can help determine fault and support your claim against the other driver, including:
- Photographs of the accident scene (including the positioning of the vehicles, the location of damage to the vehicles, skid marks and debris in the roadway, etc.)
- Eyewitness testimony
- The police report
- Video footage of the accident (if available)
Some of this information can be gathered in the immediate aftermath of the crash. However, if you were unable to document pertinent details (because you had to be taken to the hospital for serious injuries, for example), a car accident lawyer can take steps to preserve crucial evidence you may have missed.
What Is Comparative Negligence?
In Nevada, the victims of car accidents can still recover damages so long as they are found to be no more than 50% at fault. This is known as comparative negligence, and it enables you to obtain some amount of compensation for injuries sustained in an accident for which you are partly responsible.
The damages you are awarded will be reduced by a percentage representing your share of fault for the accident. If multiple defendants contributed to the accident, your level of fault must not exceed the combined liability of all responsible parties (see Nevada Revised Statutes § 41.141).
Common Causes of Car Accidents
Multiple factors cause car accidents in Las Vegas and other parts of Nevada. At Burg Simpson, we perform prompt and thorough investigations to identify all of the issues that led to the crash and determine who is responsible.
Our car accident lawyers can help if you were injured as a result of the following:
According to the annual Nevada Traffic Safety Crash Facts, nearly one-third of the traffic fatalities in the state (32.1%) occurred due to speeding. Speeding-related crashes may occur because a driver exceeds the speed limit, drives too fast for conditions, or engages in street racing.
Multiple types of accidents can happen when drivers fail to stay in their lanes. This can range from a sideswipe crash with a vehicle traveling in the same direction to the dreaded head-on collision with a driver moving in the opposite direction.
Distracted driving is a major contributor to car accidents nationwide. Nevada is no exception. Common types of distracted driving that can lead to car accidents include:
- Texting, talking on the phone, and other mobile device usage
- Interacting with passengers, including children and pets
- Adjusting the radio, climate controls, GPS, and other equipment
- Eating and drinking
- Grooming and hygiene activities
- Looking at objects and events outside the vehicle
In Nevada, there is no shortage of bars, night clubs, casinos, and other venues that serve alcohol. Unfortunately, this makes drunk driving accidents a significant problem in Las Vegas and other cities across the state.
A staggering 42.7% of fatalities in traffic accidents in Nevada involve some form of impaired driving. This includes alcohol intoxication as well as drug use.
Reckless and aggressive driving can take a number of different forms. Any of the following behaviors can lead to a serious accident:
- Tailgating another vehicle
- Unsafe lane changes
- Running stop signs and red lights
- Cutting other vehicles off
- Failure to yield
Las Vegas is known as “The City That Never Sleeps.” Unfortunately, the active nightlife, the high number of tourists, and other factors mean there are a number of drivers on the road who are suffering from lack of sleep. Fatigued driving carries many of the same risks associated with distracted driving or drunk driving, including a greater likelihood of causing an accident.
Types of Car Accident Injuries
Motor vehicle accidents vary in their seriousness. Some victims walk away with only minor injuries, while others may have their lives altered forever.
At Burg Simpson, we represent clients who have suffered a wide range of injuries in car accidents. Our car accident attorneys can help you obtain compensation for the following:
- Head and brain injuries
- Injuries to the face
- Spinal cord injuries
- Whiplash and other neck injuries
- Back injuries
- Lacerations and internal bleeding
- Broken bones
- Soft tissue injuries, including damage to the joints, muscles, tendons, ligaments, and nerves
- Burn injuries
- Organ damage
- Amputation injuries (or subsequent loss of a body part)
Prompt assessment of your injuries is essential after a car accident. Our lawyers will evaluate your medical records, speak to your doctors, and hire outside experts to gain a full understanding of what caused the injuries, how they affect your life currently, and your long-term prognosis.
Damages in a Car Accident Claim
Multiple damages can be recovered for a car accident. The compensation you are due will depend on the seriousness of your injuries and the particular nature of your losses.
A car accident lawyer at Burg Simpson will aggressively pursue the maximum compensation available in your case. Recoverable damages fall into one of these categories:
Economic damages are the monetary losses you incur as a result of the car accident. They include both the costs to date as well as the future expenditures and other financial burdens you are expected to face.
Our car accident attorneys will quantify every dollar in damages for:
- Medical bills
- Lost wages
- Property damage
- Loss of earning capacity
Serious and catastrophic injuries often result in a number of additional costs. You may be entitled to compensation for the cost of travel for medical care and physical therapy, household assistance, and more.
Unlike economic losses, non-economic damages are the more general effects of the accident on your well-being and quality of life. Compensation may be recovered for the following non-economic damages after a car accident:
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of consortium
- Scarring and disfigurement
- Loss of the enjoyment of life
Wrongful Death Damages
Sadly, any motor vehicle accident can result in one or more fatalities. If a member of your family died in an accident caused by someone else’s negligence, Burg Simpson can pursue a wrongful death claim on your behalf.
Damages that may be recovered for wrongful death include:
- The cost of a funeral and burial or cremation
- Loss of income and other financial support
- Medical expenses (if applicable)
- Conscious pain and suffering (if death was not instantaneous)
- Loss of companionship, affection, support, and services to a surviving spouse (if applicable)
- Loss of parental guidance (if the deceased is survived by one or more children)
Punitive damages are an additional form of compensation the courts may award as a means of punishing extreme acts of wrongdoing. In Nevada, punitive damages awards are limited to cases “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice” (see Nevada Revised Statutes § 42.005). A Nevada car accident lawyer can determine whether you might qualify for punitive damages.
Drunk driving accidents represent one specific scenario where the victim of a car crash might be entitled to a punitive damages award. The evidence must show that your injuries were caused by the defendant “willfully consuming or using alcohol or another substance, knowing that the defendant would thereafter operate the motor vehicle” (see Nevada Revised Statutes § 42.010).
How Long Do I Have to Sue?
It is not always necessary to file a lawsuit in order to recover fair compensation after a car accident. Many claims can be resolved through settlement with the at-fault driver’s insurance company.
However, if it becomes necessary to take additional legal action, you have 2 years from the date of the accident to file suit. This is known as the statute of limitations (see Nevada Revised Statutes § 11.190), and it sets a hard limit for the amount of time personal injury claimants have to seek compensation for damages.
What Should I Do After a Car Accident?
The scene of a car accident is chaotic. It is easy to feel overwhelmed after a crash, especially if you and/or someone you love has been injured. The most important thing you can do is remain calm and try to think clearly. Then, take the following steps:
1. Check Yourself and Others for Injuries
Pay close attention not only to visible trauma (such as lacerations and broken bones) but the way you feel after the accident. If you feel disoriented or a particular part of your body hurts, stay still and wait for help to arrive. Movement or activity could aggravate the injury.
2. Move Your Vehicle (If Possible)
To avoid the risk of a secondary collision, it is best to get yourself and your car out of the path of traffic. If you can, pull over to the side of the road as soon as possible.
3. Dial 911
If anyone in the crash is injured, call for help immediately. Paramedics can evaluate the injuries and determine if you or anyone else needs to be transported to the hospital.
The police should also be called to the scene. A crash report contains vital information that can be used to support your car accident claim.
4. Exchange Information
By law, drivers involved in motor vehicle accidents are required to provide their name, physical address, vehicle registration number, and driver’s license (see Nevada Revised Statutes § 484E.030). You will also need each driver’s contact information, insurance information, and license plate number.
5. Take Photos
Photographs allow you to document the conditions at the scene immediately following the car accident. In addition to pictures of the area where the accident occurred, photograph the damage to the vehicles and your injuries.
6. Speak to Witnesses
Look for bystanders in the area around the accident scene. Ask for their names and contact information, as well as what they saw.
7. Get Medical Care
If you were treated and released at the scene, you still need to follow up with a doctor or go to the emergency room as soon as possible. Doctors can provide more thorough diagnosis of accident injuries that didn’t present right away, which can prevent serious complications.
8. Notify Your Insurance Company
You have a duty to report the accident to your insurance provider. Most policies allow up to 30 days.
Reporting the accident to insurance is not the same as making a claim. Nonetheless, you should be as brief and accurate as possible in answering any questions to avoid making statements that might be contrary to your interests when you do file a claim.
9. Report the Accident (If Applicable)
If a police officer did not respond to the accident, you will need to report the accident yourself. Crashes resulting in injury, death, or $750 in property damage must be reported to the Nevada Department of Public Safety within 10 days.
10. Speak to an Attorney
You should seek legal counsel as soon as possible after a car accident. The other driver might blame you for the accident and the insurance company will likely offer a very small payout (or perhaps nothing at all). A car accident lawyer can protect your rights and advance your interests with the ultimate goal of recovering the maximum compensation you deserve.
Contact a Las Vegas Car Accident Lawyer Today
Shareholder and trial attorney Jack DeGree is the leader of Burg Simpson Nevada. He has recovered millions of dollars on behalf of clients injured in car accidents. Jack has been recognized by the Multi-Million Dollar Advocates Forum, The National Trial Lawyers, and other major organizations for his results and high standards of professionalism and ethics.
A car accident can be a traumatic event. Burg Simpson provides clients with the resources and experience of a nationwide law firm combined with the dedicated, hands-on support you’d expect from a local attorney. We fight for the outcome you deserve while paying close attention to your individual needs and goals.
For a FREE and confidential case evaluation, call Burg Simpson at 702-668-2070 today. Our car accident lawyer is based in Las Vegas and handles cases for clients throughout Nevada.