Car accidents are no joke. In Nevada in 2017 (the most recent year for which complete data is available) there were 309 fatal car accidents, over 34,000 crash-related injuries, and over 53,000 accidents on its roads. With 11.24 fatalities per 100,000 persons in 2015, it ranked higher than the national average.
If you have been injured in a car accident, a Henderson personal injury lawyer may be able to help you receive compensation for your injuries and get your life back. It’s important to make the phone call as soon as possible because under Nevada law, you have two years (the statute of limitations) from the date of your accident to file your lawsuit.
and requires a unique legal analysis of its facts, but an attorney may be able to help you do the following.
Who should you file your suit against? It might sound like a simple question but it can turn tricky. The driver of the other car is the obvious choice, but what if the driver was working at the time? Can his or her employer be held liable? Which and whose insurance company or companies should be added? An attorney can help you answer these questions and properly file your suit.
If you fail to file against the right defendant, that party can ask the court to dismiss your suit entirely. If the court throws your suit out, you have to start all over. Depending on how long the court takes to review that request, you may run into statute of limitations issues. Filing your suit, on time, against the proper party is critical. If you don’t do that, you lose before you even get started.
Although you may decide to take your case to a jury trial (always your decision), many personal injury cases are resolved before they ever see the inside of a courtroom or a full jury box. A strong negotiator may be able to convince the other party and his or her insurance company (insurance companies are almost always involved) to settle for an amount you’re comfortable with. While insurance companies are not evil empires necessarily, they do have one goal – pay you as little as possible to settle your claim. An experienced attorney will fight to get you all the compensation you deserve.
While many personal injury cases do not go to trial, yours may if you do not receive a settlement off you’re satisfied with. Litigation involves a set of skills that not all attorneys possess. Learning how to select and speak to jurors, knowing when to push a witness and when to back off, having a rock-solid understanding of the law that pertains to your case as well as the rules of evidence and procedure are not skills that just magic themselves upon an attorney. You need someone who has been there and done that and who is not afraid of the courtroom.
Contrary to what TV and movies may have led you to believe, attorneys do not wait in the courtroom for their moment to ask a gotcha question to a surprise witness that leaves all those present gasping and clutching their pearls. It takes months of preparation, consultation with experts (and maybe having them testify) and countless hours pouring over the facts of your case, your medical records, the police reports, and the other party’s court filings.
Once in trial, your attorney and the other party’s attorney will select a jury. That’s followed by an opening statement by each side. This is when your attorney tells the jury your story without presenting evidence. It’s a time to get them on your side, tell them what they’re going to be hearing during the trial, and remind them that they will be asked to rule in your favor once they’ve heard all the evidence.
Then your attorney will present your case with evidence and witnesses. When she is finished the defendant can present his or her own evidence and witnesses. Once both sides have done that, they will each give a closing argument. Your attorney will summarize your case, remind jurors of the evidence and make a final request that they return a verdict for you.
The jurors will then deliberate and reach a verdict on fault. The judge will ask them to award damages if they find in your favor. The jury foreman will inform the judge that they’ve reached a verdict and they will return to the courtroom where the judge will read the verdict and damages amount, if any.
How do you know which attorney is right for you? Look at their and their firm’s experience. How many similar cases have they handled? Do they know how to take a case from filing a claim to a jury trial, if necessary? Check reviews and former client feedback for both the attorney and the firm. This information is pretty simple to find with a basic internet search. You want to look for someone who specializes in personal injury and specifically car accident law. Just as you wouldn’t go to a heart surgeon for a brain tumor, you want to select an attorney who knows the law surrounding your case and who has experience practicing in that field.
Look at the team they’ve put together. It takes more than a great attorney to handle complicated personal injury cases. It requires investigators, hiring expert witnesses in many cases, paralegals, legal assistants, and others who will work on your case to handle its various and vast tasks.
If you were injured in Nevada, contact the experienced attorneys at Benson & Bingham. Our team of attorneys has recovered over $135,000,000 for our clients. While no two cases are alike and no attorney can guarantee you a specific result, the Benson & Bingham team can guarantee that we will bring our expertise and compassion to your case. Contact us online or at (702) 382-9797 today for a free consultation and case evaluation.
Benson & Bingham (Henderson Office)
9230 S Eastern Ave #155
Las Vegas, NV 89123