Road Accident Injury Claim Process

Step #1: Call 911

Nevada law requires anyone involved in a crash involving personal injuries or death to call 911 and report the accident. You must also report the accident when there has been at least $750 in property damages. While injuries are common in major accidents, injuries are not always apparent immediately following minor accidents. 

In certain situations, injuries may not appear until a few days after the accident. Even if you think you are not injured, it is better to be examined by EMTs and follow up with your primary care physician. 

Step #2: Collect Evidence

If you are not seriously injured and physically capable of doing so, collect as much evidence as possible. This involves taking pictures and videos of the accident scene, as well as all damages to all vehicles involved in the accident. 

You should obtain the contact details of any witnesses who can be contacted later to give a statement to support your injury claim. You will also want to get the insurance information, as well as the name, address, and phone number of the other driver or drivers involved in the accident. 

Lastly, use your phone to record other details, such as:

• The road conditions
• Weather conditions
• Whether there are any traffic cameras or video cameras nearby
• The extent of your injuries, as well as those of any passengers and the other driver

Step #3: File A Police Report

A vital part of the road accident injury claim process is ensuring you have a police report. For minor fender benders, you may need to submit the accident report yourself to the DMV. State law requires you to file the accident report within 10 days of the car crash. When speaking to the police, do not admit fault. Only stick to the facts of how the crash occurred. 

Step #4: Speak To A Road Accident Injury Lawyer

Before speaking with insurance companies, you should arrange a free consultation with car crash attorneys near you. Our Las Vegas injury attorneys provide the following:

• Free legal advice
• An accurate estimate of the compensation you could receive
• Our recommendation on how best to proceed

We can even visit you at home or in the hospital for your consultation.

Step #5: Open A Claim With Your Insurance Company

Even though Nevada is an at-fault state, and you can collect from their insurance company, you should still open a claim with your insurance company. In certain situations, you may have to rely on your insurance for medical payments and property damages. You can also have your car accident lawyer open the claim on your behalf. 

Step #6: File A Claim With The Responsible Party’s Insurance Company

If you retain a car accident attorney to represent you, they will file the claim on your behalf. This involves filing a demand letter after investigating your accident, determining your losses, and evaluating how much compensation you are entitled to receive. 

It is imperative not to speak directly with the other party’s insurance company or adjuster without your lawyer present. You need to remember car insurance companies and their adjusters have their own team of car insurance lawyers. Their goal is to get you to settle for the least amount possible. They may also attempt to ask you leading questions and then use your answers against you to devalue or deny your claim. 

Step #7: Negotiations

Your road accident injury attorney will handle all negotiations with the insurance companies on your behalf. It is better to let them do this because they know all the tricks and tactics insurance companies use. They also have expertise and knowledge about all Nevada personal injury laws and how they apply to your case. 

Step #8: Reach A Settlement

The majority of road accident injury claims are settled without going to trial. The amount of your settlement will depend on the extent of your injuries and property damages. Your settlement can include compensation for:

• All medical expenses, including medications and rehabilitative services
• Lost wages
• All mental health services expenses
• Property damages
• Loss of consortium
• Loss of enjoyment
• Loss of limbs, eyesight, or other physical and mental impacts of your injuries
• Pain and suffering
• Trauma 

In the unfortunate event you tragically lost a loved one, while any amount of money will not bring your loved one back, you are entitled to similar compensation, as well as:

• Funeral and burial expenses
• Loss of future wages
• Loss of benefits (insurance, retirement, etc.)

What If A Settlement Cannot Be Reached?

If a settlement cannot be reached, your lawyer will take the appropriate steps to sue the responsible party in court. Once the trial starts, the other party could still settle before a verdict is returned. Otherwise, a judge or jury will determine the verdict in the case. 

Personal injury trials can last several days, sometimes longer for more complex cases. All trials proceed as follows:

• Jury selection: For jury trials, jury members and alternates are selected.
• Opening statements: Each party’s attorney will make an opening statement stating their position and how they intend to prove it. 
• Plaintiff presents evidence: The plaintiff’s lawyer will present evidence and call witnesses. The defendant’s lawyer is allowed to question witnesses during cross-examination. 
• Defendant presents evidence: The defendant is allowed to present evidence and call witnesses to show why they are not at fault. The plaintiff’s attorney has the right to question their witnesses.
• Closing statements: After each party has presented their evidence, the lawyers will make closing statements to justify why the jury should find in their favor.
• Jury instructions: Before releasing the jury to deliberate, the judge will provide any instructions and information they need to know.
• Jury deliberations: The jury will deliberate until they reach a verdict.
• Verdict read in court: The verdict is read in court in front of the judge, plaintiff, and defendant. 

How Long Does It Take To Reach A Settlement For Road Accident Injuries?

The time it takes to settle will vary from one case to another. Generally, we have helped clients settle their claims in a few months. However, for more complex cases, it could take anywhere from six months up to a year. 

Can You Go To Jail For A Car Accident?

You can go to jail for a car accident when criminal laws were also violated and contributed to the accident. For example, the defendant was driving under the influence of drugs or alcohol. Not only do they have to face criminal charges for breaking the law, but they also face civil charges when you file your road accident injury claim. 

Can I Drive After A Concussion?

If part of your road accident injuries was a concussion, it is recommended to avoid driving after a concussion until you are fully recovered. If you drive and have any lingering side effects, it could cause you to get into another accident. You should wait until your primary care physician clears you to drive again. 

Get Sound Legal Advice From Las Vegas’ Best Car Accident Attorneys

After being involved in a car accident on county, rural, or city roads, schedule a free consultation with our car accident attorneys as soon as possible. We want to ensure you receive the monetary compensation you deserve. We provide expert legal advice and guidance while representing your best interests, freeing you to focus on healing and recovery.