Addressing Our Clients’ Confusion and Concerns, One Question at a Time
Injury claims are by their nature confusing, and insurance companies go out of their way to make them even more so. However, we believe our clients deserve straight answers to their questions—without confusing legal jargon. This is why, to better serve you, we address common injury questions as clearly as possible.
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What should I do if I was injured in a pedestrian accident?
If you are injured in a pedestrian accident in Henderson, you could suffer life-altering injuries requiring months of medical treatment and time off work—if you are not permanently disabled. Fortunately, you can hold the negligent driver who hit you responsible for compensating you for your medical bills, lost wages, and pain and suffering. Here, we explain important steps you need to take following your accident to protect your health and your claim for compensation.
Crucial Steps to Take After Your Pedestrian Accident
Being involved in a pedestrian accident can be frightening and stressful. However, the steps you take after it can have an impact on the strength of your claim with the negligent driver’s insurance company and your ability to settle your claim faster. Here are some important actions you should take:
Move To Safety.
If you were hit in the road or at an intersection, you should move to a safer place if you can. This will protect you from being injured in another accident.
Seek Medical Care.
You should seek immediate medical treatment if you suffered an injury. Even if you do not believe you were seriously hurt, you should be evaluated for a possible back or neck injury, spinal cord injury, internal bleeding, or traumatic brain injury. These kinds of injuries sometimes don’t produce symptoms for several days after an accident. By seeing a doctor right away, you can protect your health and avoid disputes with the insurance company as to the cause and seriousness of your injuries.
Call The Police.
It is important to contact the police at the scene of the accident and obtain a copy of the police report for your claim. The police report will help you document that the accident occurred and will contain important information, such as contact information for the driver, details about the incident, and the officer’s conclusions as to who was at fault.
Obtain Contact Information.
Get the contact information for the driver and his insurance company. It is also crucial to get this information for any eyewitnesses because their testimony can be extremely helpful to proving the driver’s negligence. You may not be able to locate them if you do not get their contact information right away.
Take pictures of the accident scene, the damage to the vehicle that hit you, your injuries, and anything else you think may be important. If you are too injured, ask someone to do this for you.
Retain An Attorney.
Retain an experienced pedestrian accident attorney as soon as possible. He can file your claim, collect the evidence you need, and negotiate your settlement for you.
If you or a family member was injured in a pedestrian accident in Henderson, our experienced pedestrian accident attorneys are here to fight for the compensation you deserve. We represent out-of-state visitors injured while here on vacation or business as well as Henderson residents. Contact us online or call our Henderson office today at 702.405.6000 to schedule your free consultation to learn more about our extensive experience in these cases and your legal options.
What are common causes of pedestrian accidents in Henderson?
Many Henderson residents walk for exercise and to get around town. In addition, since Henderson is a popular tourist destination, out-of-town vacationers and business travelers often choose to walk to their destination. Unfortunately, the chances that a pedestrian will be injured or killed by a car has been steadily increasing. According to the National Highway Transportation Safety Administration (NHTSA), 5,987 pedestrians were killed in pedestrian accidents across the country in 2016—up from 5,419 in 2015.
Major Causes of Pedestrian Accidents
Drivers must use reasonable care and obey traffic laws, including ones requiring them to yield the right of way to pedestrians. Unfortunately, they are often doing the opposite when they hit someone who is walking. Common ways drivers are negligent in pedestrian accidents include:
Distracted driving is unsafe at any time, but it is even more dangerous around pedestrians who are already at a disadvantage because they are less visible and have no protection from a much larger vehicle. Talking on a cellphone, texting, eating and drinking, and looking at a GPS are a few of the distractions that take a driver's attention from the road.
When a person is speeding, it will take him longer to slow down and stop for a pedestrian that he suddenly notices. Due to the greater force of impact, the likelihood that the pedestrian will suffer catastrophic injuries or death increases dramatically at higher speeds.
Failure To Yield.
Pedestrians at intersections and crosswalks can be hit when they are legally crossing the road and a driver fails to yield the right of way to them.
A common cause of these accidents is when a driver makes a left turn at an intersection and fails to see a person in the crosswalk.
When drivers fail to slow down for weather conditions, such as heavy rain and ice, they can lose control of their vehicle and slide right into a pedestrian crossing the road.
If a driver is intoxicated by alcohol or drugs, his reaction time, vision, and judgment are impaired. Unfortunately, accidents due to intoxication are common in Henderson due to the popularity of local casinos, bars, and restaurants.
Were you injured in a pedestrian accident in Henderson? You may be entitled to compensation for your medical bills, lost wages, and pain and suffering from the negligent driver. We represent injured victims who are residents of Henderson as well as out-of-state visitors. To learn about your right to compensation for your injuries and how we can help you, contact us online or call our office directly at 702.405.6000 to schedule a free consultation.
What factors could affect my car accident settlement?
If a negligent driver in Henderson causes you to suffer serious injuries in a car accident, you have a right to be compensated for your medical bills, lost wages, and pain and suffering. However, this does not mean that you will receive all that you are owed in your settlement.
Factors That Can Affect the Compensation You Receive in Your Henderson Car Accident Case
There are many variables that can increase or decrease the amount you receive when filing a claim with the negligent driver’s insurance company. Some of the most important ones include:
Strong evidence of negligence
When the other driver’s negligence is clear cut, this can eliminate disputes with his insurance company over liability and strengthen the value of your claim. Strong evidence that can establish the other driver’s fault include the police report, neutral eyewitness statements, surveillance tapes, and pictures of the accident scene and damage to the vehicles.
Severity of your injuries
If you suffered serious long-term injuries, such as traumatic brain injury, burns, spinal cord injuries, or back or neck injuries, you may be entitled to more compensation because the cost of your medical care and time that you will be off work will be greater.
Because your injuries are at the heart of your claim, your doctor’s opinion as to the cause of your injuries and their severity will be crucial in building a strong claim for compensation against the negligent driver. However, if you failed to seek prompt medical care or did not follow your doctor’s advice regarding your treatment, this could give the insurance adjuster ammunition to argue that your injuries are not as serious as you claim
Your own negligence
If you were partially at fault in causing your accident, you may still be entitled to compensation for your injuries. However, the amount that you receive could be reduced by your percentage of fault in causing the wreck. For example, if you were 20 percent at fault and your damages are $200,000, the maximum you may be able to receive could be $160,000—still a substantial sum.
When you claim that you suffered serious injuries that limit your ability to work and perform day-to-day activities, it is important that your post-crash actions be consistent with this. If the insurance adjuster conducts surveillance and discovers you are doing activities that you should not be able to do, this can significantly weaken your claim.
Have You Been Injured In A Henderson Car Accident?
Were you or a loved one injured in a car accident in Henderson? Our experienced car accident attorneys can explain what factors could affect your settlement and will aggressively fight for the compensation you deserve from the negligent driver. Contact us online or call our Henderson law office directly at 702.405.6000 to schedule a free consultation today.
I was injured in a slip and fall accident. What evidence should I preserve?
Proving the liability of a Henderson business or property owner for your slip and fall accident may be much more complicated than you think. It is not enough that you fell; you must prove that their negligence caused your injuries. One key piece of evidence you need to keep is the shoes you were wearing when you fell.
How to Preserve Your Shoes in Your Slip and Fall Case
When you file your claim for compensation, the insurance company for the negligent owner will most likely dispute the owner’s part in it and instead claim that you caused your own fall. One way the insurance adjuster may do this is by arguing about the safety of your shoes. He will want to know what type of shoe you were wearing, its age, and how worn it was. If you file a lawsuit, the insurance company’s attorney could demand that you produce your shoes for inspection.
Because they could play a critical role in establishing that you were not to blame for your fall, it is important that you preserve your shoes immediately after your accident so that they stay in the condition they were in when you sustained your injuries. Here are the steps you need to take to do this:
- Store your footwear in a sealed container or plastic bag and do not wear them until your case is completed.
- Take pictures of your shoes before storing them in case they are damaged, lost, or worn by a family member. Be certain to take pictures of the entire shoe, including the bottom.
Pictures of the Accident Scene Are Important Too
Another crucial piece of evidence to prove the business’ or property owner’s negligence is pictures of the accident scene. You need to take pictures and/or video of where you fell immediately after your accident occurred or have someone take them for you if you are too badly injured. It is critical to take photos with your cellphone right away before the owner cleans up or repairs the hazardous condition that caused your slip and fall.
If you or a loved one was injured in a slip and fall accident in Henderson, our experienced slip and fall lawyers are here to conduct a thorough investigation of your fall, collect the evidence you need, and negotiate your settlement so that you receive the compensation you deserve. Contact us online or call our office directly at 702.405.6000 to schedule your free consultation to learn more about your legal options.
How can a car’s black box help in my Henderson car accident case?
If the negligent driver’s insurance company disputes his liability for causing your car accident in Henderson, you will need evidence to prove his negligence. There are many types of helpful evidence. Pictures at the accident scene, eyewitness testimony, and expert witnesses are a few. One important item you do not want to overlook is the data recorder, or black box, in the vehicle that struck you.
Helpful Information Tracked by a Car’s Black Box
Many people are familiar with the black box on airplanes because they are always searched for after a crash to try to figure out the cause of the crash. Similarly, every automobile manufactured after 2014 is equipped with an event data recorder, as are many older vehicles. They can contain vital information to help show what the other driver was doing in the moments leading up to your accident. Some information tracked by these recorders includes:
- Speed prior to your collision
- Speed at the moment of impact
- Engine speed
- Steering angle at the time of the crash
- Whether brakes were applied
- Force of impact
- Seatbelt usage
- Airbag deployment
The black box data can be used by an accident reconstruction expert to help recreate your collision and show how the other driver—and not you—was at fault. Even without an expert, an experienced car accident attorney may be able to use some of the data to convince the insurance company of their responsibility to pay you a fair settlement.
How Long Do You Have to Obtain the Black Box Data?
You must act quickly to preserve the data on the black box before it is lost. Most devices will record over the data in approximately 30 days. However, the negligent driver and his insurance company most likely would not provide you with this information voluntarily. This is just another reason why it is so important to retain an experienced car accident attorney soon after your collision so that he can obtain the data if he believes it would help your case.
Do you have questions about your rights after a car accident in Henderson? Contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.
Is my car accident settlement or jury award taxable?
When you get to the end of your auto crash case in Henderson and you receive what you are entitled to either in a settlement or jury verdict, it can be a huge relief to put your accident ordeal behind you. However, there is one more matter to consider. Is the amount you received taxed by the IRS?
Taxability of Settlements in Henderson Car Accident Cases
If you suffered injuries caused by a negligent driver, you are entitled to be compensated for your medical bills, lost wages, and pain and suffering. In the majority of car accident cases in Henderson, the settlement proceeds are paid to the victim in a lump sum settlement where all the compensation is lumped together in one payment with no specific designation as to what the amount is for. If you received your settlement in this fashion, you most likely would not owe any federal taxes on it.
Are Amounts Awarded by a Jury in a Car Accident Case Taxable?
It can be more complicated to determine whether you owe taxes on the judgment awarded to you at a jury trial. If the jury designates specific amounts for medical bills, lost wages, and pain and suffering, some of the amount you receive may be taxable. Here is how it could work:
The amount awarded to reimburse you for medical expenses would not be taxed.
The lost wages portion of your award would be to make up for the paychecks you did not receive while you were off work recovering. Like your wages, you will owe taxes on this amount.
Pain and Suffering
Compensation for pain and suffering is more complicated. Any damages you receive for the physical pain and suffering is not taxed. This is commonly what a pain and suffering award is for. However, if any amount is being paid to you specifically for emotional distress, such as anxiety, depression, or other psychological conditions, federal taxes may be owed.
Punitive damages are a much rarer type of compensation that is only given when the at-fault driver’s actions are grossly negligent. They are designed to punish the other party and not to compensate you. Because of this, you would owe taxes on any amounts the jury designated as punitive damages.
Did a negligent driver in Henderson cause your auto collision? Our experienced car accident attorneys are here to answers your questions and fight for the compensation you deserve. We offer a free initial consultation. Contact us online or call our Henderson office directly at 702.405.6000 to schedule yours today.
What is the statute of limitations to sue the negligent driver in a car accident in Henderson?
If you or a loved one was injured in a Henderson car accident, one of the most important laws to understand is the statute of limitations to file your lawsuit against the negligent driver. While many cases settle without the need to file a civil complaint, you cannot guarantee this will happen in your case. Being certain to file your claim within the deadline to do so is essential if you want to obtain the compensation you deserve for your injuries.
Statute of Limitations in Henderson Car Accidents
The statute of limitations is the deadline under Nevada law that you have to file a lawsuit against the negligent driver. If you fail to file your lawsuit within this time period, you face harsh penalties. The judge would most likely dismiss your case. Here are the deadlines you must follow:
Personal Injuries Statute of Limitations
You have two years from the date of your accident to file a lawsuit for your personal injuries.
Property Damages Statute of Limitations
You must file a lawsuit for damages to your vehicle and any property in it within three years of the date of your collision.
Wrongful Death Statute of Limitations
If a family member died as a result of a car crash, you must file a wrongful death action within two years of the date of his death—not the accident date.
Special Statute of Limitations Rule for Minors
If a minor suffered injuries in an auto wreck, he is required to wait until he reaches 18 years old to file a lawsuit under Nevada law and then has two years to take legal action. However, the parents of a minor can ask the court for permission to file a lawsuit against the negligent driver on the minor’s behalf. If this request is granted, the minor would lose the right to pursue his claim once he turns 18 years old.
Contact Our Henderson Personal Injury Law Firm Today
If your car accident in Henderson occurred recently, you may feel like you have plenty of time to pursue your claim. However, you could weaken your case by waiting to retain an experienced car accident attorney soon after your wreck. Evidence could be destroyed, witnesses may disappear, and you could make mistakes that hurt your case. We urge you to contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation. We will help to answer your questions and provide information on how we can fight to get the settlement you deserve.
When should I see a doctor following a car accident in Henderson?
While you know to seek medical treatment if you were hurt in a car accident in Henderson, you may not go to a doctor if you do not think you were injured. However, you do not want to make the mistake that many accident victims make of not seeking prompt medical care only to later discover that they were injured in the crash. Your best strategy for both your health and your claim for compensation against the negligent driver is to see a doctor within a few days of your collision.
Medical Dangers of Not Seeing a Doctor Following A Car Accident
You could be jeopardizing your health by not seeking prompt medical treatment. Adrenaline from the trauma of your collision could mask the symptoms of your injuries. So even though you may be hurt, you might not experience pain and other symptoms until the adrenaline wears off.
In addition, the symptoms of some injuries, like traumatic brain injury and internal bleeding, may not develop for days or longer after your Henderson car accident. However, as these conditions worsen, they can turn into life-threatening emergencies or lead to permanent injuries if left untreated.
How Not Seeking Prompt Medical Care Can Affect Your Claim for Compensation
The insurance company for the negligent driver could be looking for ways to reduce or deny your claim. This is a common insurance company tactic in car accident cases. When you do not see a doctor soon after your wreck, you give the insurance adjuster arguments that he can raise to dispute your claim. Common disputes include:
- Your injuries were caused by another incident other than your auto crash.
- Your injuries are not that serious. You would have seen a doctor sooner if they were as serious as you now claim.
Disputes like these may weaken your claim for compensation for your injuries—the opposite of what you want to do. Fortunately, an experienced car accident attorney can help you refute these arguments if they are issues in your case.
If You've Been Involved In A Car Wreck Contact Us for Help
If you need to file a claim for compensation following an auto accident in Henderson, our skilled car accident attorneys are here to help. Our office is conveniently located in Henderson. To get your questions answered and discuss your next steps, contact us online or call us directly at 702.405.6000 to schedule your free consultation.
What types of compensation could I be entitled to if I suffered injuries in a Henderson car accident?
If you or a family member suffers injuries in a Henderson car accident, you may quickly realize that you need to file a claim for compensation with the negligent driver’s insurance company. When you take this important step, it is important to understand the basics of what you need to do to prove your case, how the settlement process works, and the types of compensation that you can receive. Here, we explain the types of compensation awarded in auto collision cases.
Types of Compensation Awarded in Henderson Auto Crash Claims
In Nevada, you are entitled to be fully compensated for your injuries by the negligent driver who caused your collision. You can receive these types of damages:
Property Damages Following A Car Wreck
You are entitled to be reimbursed for the cost of repairing or replacing your vehicle, car rental fees while your vehicle was repaired, and your towing expenses.
Medical Expenses For Your Car Crash
Ambulance fees, doctor bills, surgery, hospitalization, physical therapy, and medications are common expenses that you are entitled to be reimbursed for. If you need assistive aids, like crutches or a wheelchair, or in-home services, you may be reimbursed for these expenses as well.
Lost Wages After A Car Accident
When you must take time off work while you recover, you are entitled to your lost wages, lost sick and vacation time, bonuses, commissions, and other perks of your job. You may also request lost earning capacity damages if you become permanently disabled or must take a salary cut and a career change due to your injuries.
Pain And Suffering Resulting From An Auto Accident
Pain and suffering damages compensate you for the pain you suffered due to the accident and your injuries. Depending on the severity of your injuries and how they affect your day-to-day activities and ability to work, this portion of your settlement could be substantial.
If you lost a loved one in a car accident, you may be entitled to compensation in a wrongful death action. Types of compensation can include reasonable funeral expenses, medical bills incurred between the accident and death, and the loss of support, advice, and companionship of your family member.
Punitive Damages Can Be Included In Your Acar Accident Claim
If the negligent driver’s actions were especially egregious, you may be awarded punitive damages to punish him. In Nevada, punitive damages are capped at triple the compensatory damages or a maximum of $300,000.
You need the assistance of an experienced car accident attorney to value your claim and negotiate a settlement so that you receive what you deserve. At Jones Wilson Injury Lawyers, we have years of experience fighting for the rights of Henderson victims of auto crashes. To learn how we can help you, contact us online or call our Henderson office at 702.405.6000 today to schedule your free, no-obligation consultation.
What are statements that I should not make to an insurance adjuster following an auto accident in Henderson?
If you were injured in a car accident in Henderson caused by another driver, you will most likely have to talk to two insurance companies—the negligent driver’s and your own. This may happen even before you leave Henderson Hospital. When you are speaking to an insurance adjuster, you do not want to make the mistake that some victims make and say things that could hurt your claim for compensation.
What Should You Avoid Saying When Talking to an Insurance Adjuster?
You need to be very careful about what you say when speaking to an insurance adjuster because you may not realize that something you have said could be misinterpreted or used by the insurance company as a reason to deny or reduce your claim. Here is what you should do:
- Don’t give opinions. You want to avoid giving opinions on anything that you do not know. This could lead to you giving an inaccurate answer based on what you think, but that may not be true. Stick to what you know, such as where the crash occurred, when it happened, and who the parties involved in it were.
- Don’t apologize. If you are like many people, you may apologize for things when you did nothing wrong. You do not want to make “I’m sorry” or other similar statements when talking to an insurance adjuster because they can be misinterpreted as an admission of fault.
- Don’t say you were not hurt. Avoid making statements indicating that you were not hurt in the collision or that your injuries are not that serious. The reality is that the symptoms of back, neck, and spinal injuries, traumatic brain injury, and many other injuries may not be apparent until days or weeks after the accident.
- Don’t agree to a recorded statement. A recorded statement is a tape-recorded question-and-answer session with the insurance adjuster. You are not required to give a recorded statement, and you could inadvertently say something that can be interpreted to mean something that hurts your case.
- Don’t agree to a settlement. You never want to accept a settlement offer from the insurance company without first obtaining the advice of an experienced car accident attorney to be certain that you are receiving what you deserve. Many initial offers are for less than what the claim is worth.
- Don’t admit to not having an attorney. You do not want to admit to the insurance adjuster that you do not have a lawyer. This may lead him to try to take advantage of you and offer you less than you are entitled to in a settlement.
Your best strategy is to leave talking to the insurance adjuster to an experienced car accident attorney. If you are filing a claim for compensation following a car accident in Henderson, NV, our experienced car accident attorneys are here to help. Please feel free to contact us online or call us directly at 702.405.6000 to schedule your free consultation.