If another party was reckless or negligent, Las Vegas law allows victims of auto accidents to pursue damages from that party. The rule applies whether the wounded victim is a passenger or a driver. Injured parties may qualify for compensation for the following if another driver was reckless or they were hurt while riding in a reckless driver’s vehicle. If you have suffered injuries in a reckless driving accident, here are some things you should know about bringing up a claim in Las Vegas.
Calculating the damages
Las Vegas’s auto accident regulations hold irresponsible or careless drivers accountable for any harm they cause. The sum of your out-of-pocket expenses and any expenses you reasonably expect to incur in the future constitutes compensatory damages. They can include property losses, money you lost or are reasonably anticipated to lose due to your inability to work, and medical expenses (such as doctor’s bills, x-rays, and physical therapy).
Generally, you can seek compensation for the following:
- Medical bills,
- Lost wages,
- Lost earning capacity,
- Physical and occupational therapy,
- Pain and suffering, and
- Court costs.
Choosing the initial settlement deal that the auto insurance provider presents could be alluring. But remember that you must forgo your right to file any further claims for damages to accept a settlement offer in Nevada, even if you didn’t receive any. A reputable car accident lawyer in Las Vegas can help you correctly calculate your damages.
Proving damages
With a car accident lawyer with you, they will collaborate with doctors to ensure that your injuries are accurately recorded. They will look through witness accounts, police reports, and investigator reports to locate proof of your accusations. Then, they will make the insurance adjuster aware of your strong case. The insurance company will often properly examine your claim just by knowing you are prepared to fight back.
Additionally, if your matter goes to trial, your lawyer will offer evidence like:
- Authorized accident reports,
- Records of your medical care, including x-rays and the notes of their doctors and therapists,
- Footage of the incident or its aftermath captured in pictures or on camera,
- Testimonies from medical professionals,
- Documents and testimony (such as pay stubs and employer testimony) demonstrating lost wages,
- Eyewitness accounts of the incident,
- Friends and family’s testimonies to demonstrate how the accident has impacted your life and well-being,
- Expert testimony from economists or vocational specialists may be required to demonstrate how the injury has caused a loss of earning potential.
What if you share the fault for the accident?
The “comparative negligence” standard applies in Las Vegas. This implies that you must not necessarily be blameless to win a personal injury or auto accident case. The damages can be allocated as long as the other party was even marginally at fault more than you were.
An experienced car accident attorney can comb through Nevada’s auto accident laws to assist you in determining whether there is a chance of recovery when you are partially accountable for an accident.