FAQs

Yes, you reporting the accident to your insurance company will be necessary to access benefits you may have with through your car insurance. If the insurance company asks for a recorded statement, make sure you have an attorney present during the statement.

You should limit the information you provide to just the essential details of the accident. This includes the names of those involved, the types of vehicles, and the identity of the law enforcement officer who reported the incident. Exercise caution during this discussion, whether you’re dealing with your own insurer or the other driver’s. Be particularly careful when discussing your injuries or potential injuries, as even a casual response to a question about your well-being could affect the compensation you are entitled to receive.

Should you incur any injuries from a car accident, it us wise to get in touch with a Las Vegas car accident lawyer such as Attorney Isaiah Jerez. Reasons for seeking legal assistance include dealing with insurance settlement negotiations, disputes regarding fault, and recouping financial losses such as lost income and medical expenses. A lawyer focused in car accident cases will understand that insurance companies may not present the best initial settlement. If an insurance company makes you an offer, it’s important to seek legal advice promptly. Typically, insurers will expect you to sign a release waiving any further claims for additional compensation for lost earnings or medical expenses upon acceptance of their offer. If you havve been injured in an accident call Isaiah Jerez today at 1-877-77JEREZ to get help with a free consultation.

The compensation for injuries from a car accident in Las Vegas varies as each incident is unique, and there’s no set formula to estimate the settlement amount. Factors influencing the final settlement amount include the severity of your injuries, any loss of earnings, vehicle damage, and medical bills incurred during recovery. This is why it’s critical to have legal representation when pursuing a claim after a car accident.

Insurance companies are aware that many drivers may not fully understand their rights after a car accident. They often propose a quick settlement hoping that you will accept it, especially if you’re unable to work due to your injuries and are in need of immediate funds. The objective of such a swift offer is usually to settle the matter expediently, potentially allowing them to circumvent future obligations for your medical treatment, lost earnings, or pain and suffering. Jerez Law is known for providing outstanding client service and has a track record of securing maximum possible compensation for clients. For an assessment of your case and to find out if you have a legitimate claim, consider scheduling a complimentary consultation with an experienced Las Vegas car accident lawyer by calling (702) 941-7660 or through an easy online contact form.

There are numerous instances where the driver who collided with your vehicle may be deemed responsible for the injuries you suffered. Typically, this occurs under negligent driving, which includes various behaviors that could lead to being held liable for an accident. Examples of negligent driving behaviors that frequently result in car accidents in Las Vegas are:

Distracted driving

Driving under the influence of alcohol or drugs

Tailgating

Not signaling when turning

Ignoring stop signs

Failing to yield

Illegal turns

Driving while excessively tired

Speeding

These are common reasons a driver could be found at fault in a car accident.

Beyond negligent drivers, various entities could be implicated in the cause of car accidents in Las Vegas, potentially sharing the blame for any injuries you suffer. Unsafe or hazardous road conditions can lead to accidents, possibly due to:

Improperly maintained construction zones

Absent street signs

Malfunctioning traffic lights

Inadequate street lighting

Unrepaired potholes

In such scenarios, government bodies tasked with road maintenance and safety, like the city of Las Vegas or the Nevada Department of Transportation, could be held liable for injuries resulting from a car accident.

Additionally, if a collision involves a drunk driver, liability might not rest with the driver alone. Establishments that served alcohol to an already intoxicated individual could be liable under dram shop laws.

Defective auto parts are another potential cause, which can bring product designers, manufacturers, distributors, dealerships, and safety inspectors into a lawsuit if they contributed to the accident through malfunctioning parts.

Car accidents can lead to a range of injuries, some more common than others. The most frequently encountered injuries in car accidents include:

Back injuries

Injuries to the spinal cord

Traumatic brain injuries

Paralysis Amputations

Post-traumatic stress disorder (PTSD)

Head injuries, including concussions

Whiplash

Broken and fractured bones

These injuries can be severe and life-altering, highlighting the potential gravity of car accidents.

Indeed, there are several types of car accidents. An attorney might examine the nature of the crash to establish fault and liability. For instance, in rollover incidents, there could be scrutiny on the car or SUV manufacturer’s liability. Common car accident types seen in Las Vegas include:

T-bone collisions

Sideswipe incidents

Single-vehicle crashes

Rear-end collisions

Accidents at intersections

Head-on collisions Incidents involving wrong-way driving

Run-off-road crashes

Multi-vehicle pile-ups

Understanding the kind of accident is crucial in legal assessments of fault and liability.

Many injured parties hesitate to seek legal help, fearing that their own contribution to the accident negates their right to compensation. However, under Nevada’s modified comparative negligence rule, you can still claim damages even if you are up to 50% at fault. But, the compensation awarded will be lessened by an amount equivalent to your share of fault. For instance, if Driver X was found 10% at fault, any compensation determined by the court would be reduced by that percentage. So, a $100,000 judgment would be adjusted to $90,000 to reflect Driver X’s part in the fault.

The period you have to preserve your car accident claim can greatly differ based on your case specifics. In Nevada, you are generally required to file a lawsuit within two years as per the statute of limitations. Missing this deadline typically means your case won’t be considered by a civil court. The specifics can sometimes be complex, so to navigate the statute of limitations without complications, it’s advisable to have a knowledgeable car accident attorney handle your case. Call Isaiah Jerez today to see if your case qualifies. Call us at 1-877-77JEREZ for a free consultation.

Attorney Isaiah Jerez has an outstanding track record when it comes to assisting accident victims get the best possible outcome for their accident. Remember, when you call Attorney Isaiah Jerez, we provide you with a free case consultation and you pay no fees up front. You pay nothing until you win! A Las Vegas car accident attorney, such as Isaiah, plays a crucial role in various aspects of your case. While you focus on healing from your injuries, your attorney will work tirelessly to secure the highest possible compensation for your distress. Responsibilities of your attorney include:

Conducting an investigation into the cause of your accident

Determining liability for your injuries

Consulting with expert witnesses

Collecting additional evidence to bolster your claim

Estimating the total value of your claim

Filing necessary paperwork with insurance providers

Managing negotiations with insurance companies

Preparing your case for the possibility of a trial

Representing and defending your rights in court

If you have been injured in an accident, call Attorney Isaiah Jerez today for your free case consultation at 1-877-77JEREZ

Many car accident victims are uncertain about the appropriateness of contacting a lawyer, especially if they perceive their injuries to be minor. However, there are two key indicators that an attorney’s guidance might be necessary:

If another individual could be at fault for the accident that caused your injuries.

If you’ve experienced significant losses or damages due to the actions of the other party.

If it’s unclear whether another party is responsible for your injuries, consulting an attorney to explore the specifics of your situation is a prudent step.

Attorney Isaiah Jerez can help clarify your legal options and whether you may be entitled to compensation. Call Isaiah today for a completely free case evaluation at (702) 941-7660.

Economic damages are quantifiable financial losses that victims of car accidents can recover. These damages are tangible and have a specific monetary value attached. For instance, the medical bills you receive post-accident represent a portion of your economic losses.

However, economic damages encompass more than just medical costs. They can also include:

Lost wages

Reduced future earning potential

The expense of medical equipment

Future medical care costs

Unanticipated childcare expenses

Maintenance and household upkeep costs

Repair or replacement costs for your vehicle

These are measurable costs that you may be compensated for following an accident.

You may be eligible for punitive damages in your car accident lawsuit. While not typically awarded in personal injury cases, punitive damages are considered by the court if the at-fault party’s behavior is found to be especially harmful, egregious, or outrageous. These damages are intended as a punishment and serve as a deterrent, signaling to the broader community that the court will not condone such conduct. They are granted in addition to the actual losses (economic and non-economic damages) incurred. If you believe you may be eligible for punitive damages from a car accident Attorney Isaiah Jerez can help clarify your legal options and whether you may be entitled to compensation. Call Isaiah today for a completely free case evaluation at (702) 941-7660.

To establish a solid car accident claim, various forms of evidence can be utilized. Common evidence that proves instrumental in car accident cases in Las Vegas includes:

Surveillance video from surrounding homes or businesses

Photos of the accident scene

Images of the injuries sustained by the victim immediately after the accident

Forensic evidence and expert witness accounts

Statements from eyewitnesses

Official police and accident reports

Medical records documenting the victim’s injuries

Accidents with uninsured drivers can pose a challenge. In Nevada, uninsured motorist coverage isn’t mandatory. If you decided against including this in your policy, seeking compensation might be tougher.

Nevertheless, you might still pursue legal action against the uninsured driver. There might be other entities partially responsible for your injuries too. Consulting with an attorney can be your best step to uncover all available options after an accident with an uninsured driver.

In Nevada, the law mandates that all drivers must have certain minimum auto insurance coverages, which are:

$25,000 for bodily injury per person

$50,000 for bodily injury per accident

$20,000 for property damage per accident

While drivers are not legally obligated to carry additional benefits, it is wise to protect you and your loved ones by purchasing uninsured motorist coverage, underinsured motorist coverage, medical payment coverage, collision, comprehensive as these offer financial protection in case of an accident.

It’s a common misconception among many Las Vegas car accident victims that obtaining a settlement from an insurance company will be straightforward. However, dealing with insurance can be quite complex.

Insurance companies are obliged to pay only up to the policy limit of the at-fault driver. If, for instance, the responsible party has a bodily injury liability limit of $25,000 and your medical costs exceed $50,000, the insurer is not obligated to pay more than $25,000.

Any additional losses you’ve incurred may have to be pursued through a civil lawsuit against the person responsible for the accident.

The time frame for settling a car accident case in Las Vegas can vary significantly, influenced by the case’s intricacies. Some cases may conclude quickly, reaching a settlement through the insurance company within a few months. However, if the case goes to trial, it could take several years to secure the compensation you’re entitled to. Legal action isn’t always fast, but for many dealing with substantial losses from a car accident, it may be the most effective avenue to obtain the necessary financial support.

Liability coverage is insurance that applies when a driver is found to be at fault due to negligence. For instance, if you are hit from behind by a driver who wasn’t paying attention, a claim can be made against that driver’s liability insurance. In Nevada, the law requires a minimum liability coverage $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage.

If, say, your claim is worth $100,000 and the at-fault driver has only the minimum required insurance, you could theoretically sue for damages beyond the $25,000 cap and target the driver’s personal assets. However, in reality, those with minimum policies often lack significant assets to pursue. Without Underinsured Motorist (UIM) or Medpay coverage of your own, you might not be fully compensated.

Medical Payments coverage, or MedPay, is designed to cover reasonable and necessary medical expenses from an auto accident. A significant aspect of MedPay is that it applies regardless of fault. So, if you’re in an at-fault accident, MedPay would still cover you.

It also extends to all passengers in the vehicle at the time of the accident, and each person can recover up to the MedPay limit. Unlike some other coverages, there’s usually no per incident limit with MedPay.

Moreover, MedPay isn’t tied to one vehicle—it follows you and your family members, offering protection in any auto-related accident, including auto vs. pedestrian incidents and when you are in someone else’s vehicle.

It’s important to note that if your Underinsured Motorist (UIM) insurer pays out MedPay benefits, they’re typically entitled to deduct the MedPay amount from any UIM coverage compensation.

The value of a personal injury claim, such as one arising from a car accident, is not simply a multiple of the medical expenses, contrary to popular belief. Several other factors play a role in determining claim value, including:

The severity of damage to the claimant’s vehicle

Preexisting injuries of the claimant

The claimant’s contributory fault in the incident

The ability to objectively verify claimed injuries (either visually or through medical testing)

Lost wages due to the accident

The claimant’s pain and suffering Any egregious actions by the at-fault driver, like drunk driving or street racing

Valuations for intangibles like pain and suffering can vary greatly, which adds to the unpredictability of trial outcomes.

A key role of an attorney is to identify all insurance policies that might provide compensation and the maximum amount recoverable under each (the policy limits). Often, an injured person can be entitled to compensation from multiple insurance policies in a single accident. For instance, a passenger injured in a collision where both drivers are at fault might recover from:

The driver of the vehicle they were in (liability insurance)

The driver of the other vehicle (liability insurance) The owner of the vehicle they were in (UIM or MedPay)

The owner of the other vehicle (liability insurance)

Their own auto insurance policy (UIM or MedPay), even if their vehicle wasn’t involved

A resident relative’s policy (Resident relative UIM or MedPay)

However, the actual ‘claim value’ can exceed available recovery sources, often because many drivers carry only the state minimum liability insurance. This reality underscores the importance of having UIM and MedPay coverage.

While theoretically possible to recover damages exceeding the at-fault driver’s insurance policy limits, in practice, it is quite rare. If the value of your claim is higher than the defendant’s coverage limit, theoretically you could pursue the excess from the defendant’s personal assets. But typically, individuals with significant assets have adequate insurance to cover such claims. However, this doesn’t mean you have no recourse. There may be other legal strategies, such as a “bad faith” claim against the insurer, which might be pursued.

“Bad faith” refers to an insurer’s failure to fulfill its contractual obligations to act in good faith and fair dealing with the insured. When a third-party claim against the insured is likely to exceed the policy limits, the insurer has a duty to settle within those limits to protect the insured from personal liability. If the insurer unreasonably declines to settle the claim within the policy limits, it can be held liable for any resulting judgment that surpasses those limits. This concept is rooted in the principle that the insurer should not risk the insured’s financial well-being for its own benefit. If the insurer’s refusal to settle is found to be in bad faith, it may be responsible for the excess judgment as well as attorneys’ fees and associated costs.

According to NRS 687B.385, insurance companies in Nevada are prohibited from canceling, raising premiums, or refusing to renew policies solely because the policyholder was involved in a car accident where they were not at fault. Based on the ruling in State, Div. of Ins. v. State Farm Mut. Auto. Ins. Co., to benefit from the protections of N.R.S. 687B.385, you must be determined to be less than 50% at fault in the accident.

Yes, you may sue the police in Nevada if they are at fault for a car accident. However, according to Nevada’s Waiver of Sovereign Immunity Statute, the damages that can be recovered from any governmental entity, including police departments, are capped at $200,000.

There is also a relevant consideration for Underinsured Motorist (UIM) coverage in cases where sovereign immunity applies. The obligation for a UIM insurer to pay is usually based on the insured’s legal entitlement to recover from a driver whose insurance is insufficient to cover the liability. However, when it comes to government vehicles, the limit is not due to insufficient insurance but because of the sovereign immunity cap. For example, in White v. Continental Ins. Co., the Nevada Supreme Court determined that a claimant with damages over the sovereign liability cap was not entitled to UIM benefits since the government entity’s liability, while capped, was not due to a lack of insurance but because of a statutory limitation.

In personal injury law, you must establish that the defendants’ negligence caused your injuries to claim compensation. After you estabalish that the defendants were at fault for the crashes and you were completely innocent, the defendants have the burden to sparse out the damages between the two accidents. If the defendants are unable to do define what injuries happened in which crash, then the defendants are jointly and severally liable for your injuries. This means you could potentially recover the total amount of your damages from any one of the defendants.

In such a case, the liability coverage of the vehicle’s owner is the primary insurance for the accident. The at-fault driver’s personal liability insurance would serve as secondary coverage.