Blackburn Wirth Frequently Asked Questions
FAQs about Personal Injury Attorneys
Yes, hiring a personal injury attorney can make a big difference in your case outcome. A good lawyer will handle all the complex paperwork, deadlines, and negotiations while you focus on getting better. They also know how to document your injuries properly, work with medical providers, and build the strongest possible case to get you fair compensation. People who work with attorneys typically get much higher settlements than those who handle claims on their own.
You usually won’t have to pay any money upfront to hire a personal injury lawyer in Las Vegas. Personal injury attorneys, including Blackburn Wirth Injury Team, work on what’s called a contingency fee basis. This means they only get paid if you win your case. When your case settles, your lawyer’s fee comes as a percentage of your settlement amount, not from your pocket.
Personal injury lawyers’ fees in Las Vegas are sometimes up to 30% to 40% of your settlement. The exact percentage can vary depending on the complexity of your case. Your lawyer will clearly explain their fee structure during your free consultation before you sign any agreements. Remember that your lawyer also covers all the upfront costs of your case, like filing fees, expert witnesses, and gathering medical records.
FAQs about Personal Injury Claims
Personal injury settlements in Las Vegas can range from a few thousand dollars to millions. The severity of your injuries, amount of your medical bills, lost wages, and long-term effects on your life all play major roles in determining settlement value. Your location matters too: Settlements in Las Vegas tend to be higher than in rural Nevada. While no attorney can promise a specific amount, they may be able to review your case and provide an estimate, for example, for a slip and fall settlement
It depends on the strength of your case. To win, you’ll need solid evidence to prove the other party was at fault and that you were hurt because of their actions, like medical records, witness statements, photos of the accident scene, and expert testimony. If the other side disputes fault or claims your injuries aren’t as serious as you say, it can get complicated. That’s why having an experienced lawyer on your side makes a big difference.
The timeline for a personal injury case varies quite a bit, but most cases take between six months to two years to resolve. Simple cases with clear fault and well-documented injuries might settle within a few months. More complex cases, especially those involving serious injuries or multiple parties, can take longer to reach a settlement. Your medical recovery also plays a big part in the timeline: It’s important not to settle too quickly before you know the full extent of your injuries and future medical needs.
Most personal injury cases settle before going to trial in Las Vegas. Insurance companies usually want to avoid the expense and uncertainty of a court trial, so they’re often willing to negotiate a fair settlement once they see you have a strong case. When cases do go to court, it’s usually because the insurance company refuses to offer a fair settlement or there’s a major dispute about who caused the accident.
Most of the money you get from a car accident settlement isn’t taxable, but there are some important exceptions. The portion of your settlement that covers medical bills and property damage is usually tax-free. However, if you get punitive damages or money for lost wages or emotional distress, that part might be taxable. You should talk with a tax professional about your specific situation.
A statute of limitations is a legal deadline for filing your lawsuit. In Nevada, you usually have two years from the date of your accident to file. Missing this deadline means you’ll lose your right to sue, no matter how strong your case might be.
There are some special situations where you might have more time, like if you didn’t discover your injury right away, or less time, like if you’re suing a government agency. It’s important to talk to a lawyer sooner rather than later to figure out what applies to your case.
Getting the best possible car accident settlement starts with documenting everything about your accident and injuries from day one. Take photos of the accident scene and your injuries, keep all your medical records and bills, and document any time you miss from work. And don’t talk to the insurance company or accept their first offer. Working with a lawyer who knows how to value your case and negotiate with insurance companies will usually get you much more money than handling it yourself.
FAQs about Fault in an Accident
Police reports, witness statements, photos of the accident scene, and sometimes accident reconstruction experts can all help determine fault in an accident. In Las Vegas, traffic cameras and security footage from nearby businesses can also sometimes help prove what happened. Overall, insurance companies look at traffic laws and who broke them, like if someone ran a red light or was texting while driving. Having a lawyer gather and present evidence in your favor can influence the outcome.
In a no-fault state, your own insurance company pays for your medical bills and lost wages after a car accident, regardless of who caused it. You can only sue the other driver if your injuries are very serious or your medical bills pass a certain threshold. The system was created to reduce lawsuits and get people paid faster, but it also means you might not get fully compensated for things like pain and suffering. These states also require drivers to carry Personal Injury Protection (PIP) insurance to cover their own injuries.
No, Nevada uses a fault-based system for car accidents, which means the person who caused the accident is responsible for paying for damages. You have the right to sue the at-fault driver directly or make a claim against their insurance company. Unlike no-fault states, Nevada’s system lets you recover all your damages from the at-fault party, including medical bills, lost wages, car repairs, and non-economic damages like pain and suffering, without having to reach a certain threshold.
Insurance-Related FAQs
Liability insurance covers damage you cause to other people in an accident, including both their injuries and property damage. In Nevada, drivers must carry at least $25,000 per person for injuries, $50,000 per accident, and $20,000 for property damage. However, these minimums often aren’t enough to cover serious accidents, so many people choose to carry more coverage. You might also want to look into collision, comprehensive, and uninsured motorist coverage.
Personal Injury Protection (PIP) insurance Personal Injury Protection (PIP) insurance helps pay your medical bills and lost wages after an accident, no matter who was at fault. While Nevada doesn’t require PIP coverage, some drivers choose to add it to their policy for extra protection. PIP coverage kicks in immediately after an accident and can help pay for things that health insurance might not cover, like childcare expenses or lost income. Another nice thing about PIP is that you don’t have to wait for a settlement to get your medical bills paid.
When a leased car gets totaled, things can get complicated because you don’t own the car, the leasing company does. The insurance company will pay the actual cash value of the car to the leasing company, but this might be less than what you still owe on your lease. If you don’t have gap insurance, you might have to pay the difference out of pocket. That’s why gap insurance is so important when you lease a car: It covers the difference between what insurance pays and what you owe.
When your medical bills are higher than the other driver’s insurance limits, you have a few options to explore. Your own underinsured motorist coverage can help fill the gap, if you have it, or other insurance policies might apply, like an umbrella policy or employer coverage if the accident happened during work hours. Many people don’t realize that they could have multiple sources of insurance coverage. You may also be able to sue the driver personally, in addition to the insurance provider.
FAQs: What to Do Now
Right after a slip and fall accident, your first step should be reporting it to the property owner or manager and making sure they create a written incident report. Take photos of whatever caused you to fall and get contact information from anyone who saw what happened. Many Las Vegas businesses have security cameras, so ask them to preserve the footage before it gets deleted. Most importantly, see a doctor as soon as possible, even if you think you’re just a little sore. Injuries can take a long time to appear, and you want to have medical records.
If someone hits your car in Las Vegas, start by moving to a safe spot and checking if anyone is hurt. Get the other driver’s insurance and contact information, and take plenty of photos of both cars and the accident scene. Get contact info from any witnesses and make sure to file a police report to have official documentation. Don’t talk about fault or apologize, even if you’re just being polite – anything you say could be used against you later. Finally, contact a car accident lawyer for a case evaluation.
You can file a report online, in person at your local station, or over the phone. If you’ve been in an accident and want the police at the scene, but don’t need medical attention, you can call 3-1-1, the Las Vegas non-emergency line. The Las Vegas Metropolitan Police Department (LVMPD) might send officers to the scene or have you file a report online or at a station, depending on how serious the incident is. Keep a copy of the report number and follow up if you need to add information later.