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Nevada Personal Injury FAQ's

Personal Injury Frequently Asked Questions (F.A.Q's)

  1. Do I have a case?
  2. What should I do with my wrecked car?
  3. Can I get a rental car?
  4. Who pays my medical expenses?
  5. Will my insurance rates go UP?
  6. If I do not have medical insurance, can I still receive medical care after an accident?
  7. When I went to the hospital, they told me not to bill my health insurance because the case was an accident related matter and they will not receive payment? Is it true?
  8. How long do I have before my time expires on my claim?
  9. My accident happened in Nevada, can my attorney in my home state represent me?
  10. My Air Bag did not go off, can I sue the manufacturer?
  11. I’m injured and I need a loan to survive, can Benson & Bingham give me a loan or money advance?
  12. I was the victim of a crime, can I sue the criminal who hurt me?
  13. I’m disabled and I need financial help, who should I call?
  14. How long will my accident case take?
  15. What is the attorney’s fee for an accident case?
  16. How much do the costs add up to on a personal injury case?

Q: Do I have a case?

Answer: Each case depends on the facts. Let an accident attorney give you a professional opinion on your case. In Nevada, a victim must not be more than 51% at fault to recover. Citations from police officers do not always reflect who may be at fault. Testimony from all witnesses must be ascertained to prove up a case.

Q: What should I do with my wrecked car?

Answer: An insurance adjuster will come estimate the damage to the vehicle. It is important not to fix the car, or give authorization to a body shop until the car is evaluated. If the car is at a home, body shop, tow yard, or impound, the adjuster may need permission to examine the car. Call Benson and Bingham for specific questions.

Q: Can I get a rental car?

Answer: A rental car should be provided to the victim. A similar car is owed from the day of the accident until the car is fixed or deemed to be totaled. Once the finance company (lien holder) is paid off, the rental coverage is terminated. Benson & Bingham has rental cars at their disposal to rent to clients who need to get to doctor’s appointments.

Q: Who pays my medical expenses?

Answer: Because medical expenses are personal to the patient, ultimately the patient is responsible for the treatment. Legally, another party may have to pay for those expenses for their acts of negligence. Health Insurance, Automobile Medical Payments Coverage, and Medical Liens are the most common ways to pay for medical treatment when victims are injured.

Q: Will my insurance rates go UP?

Answer: Under Nevada law, it is illegal for an insurance company to raise an insured’s rates for an accident that is not their fault. It is very important, whether at fault or not, to report the accident to your insurance company as a failure to report may result in a denial of insurance coverage.

Q: If I do not have medical insurance, can I still receive medical care after an accident?

Answer: Yes. Depending on the medical provider and the liability issues involved with a particular case, certain doctors and hospitals will treat on a lien basis (credit). Call Benson & Bingham accident attorneys today for a list of doctors near you that will work on a lien basis.

Q: When I went to the hospital, they told me not to bill my health insurance because the case was an accident related matter and they will not receive payment? Is this true?

Answer: No. This is False information. A contracted provider must treat you for the accident injuries, and they must bill the health insurance if you tell them to. The health insurance may have a right of repayment from the adverse party (called the right of subrogation), however, the benefit of using your health insurance is the contracted discount price a patient/victim receives.

Q: How long do I have before my time expires on my claim?

Answer: It depends. You should speak with an attorney before making this decision as different tort cases have different time limits. These limits are called the statute of limitations. The limitations period for a regular negligence case is two (2) years in Nevada; however, there are legal reasons why the time may be extended. Medical Mal-practice cases are one (1) year in Nevada, and there are also reasons why this time may be extended. Do not rely on this information in deciding your time period. Contact an injury attorney as soon as possible or you may lose your rights.

Q: My accident happed in Nevada, can my attorney in my home state represent me?

Answer: No. Typically, an attorney must be licensed in the jurisdiction of the case to file a lawsuit. Determining the jurisdiction of a case is complicated, but a lawsuit may be filed where the defendant resides or the cause of action arose—here, where the car accident or injury accident happened; an attorney may represent you in another jurisdiction, but they may be violating rules of conduct as they may not know the specifics of Nevada Law. Occasionally, attorneys will associate with firms in Nevada to litigate matters in Nevada. An attorney may be sponsored by a local attorney—this term is called pro hac vice. Benson and Bingham will take cases on at any point so call them today.

Q: My Air Bag did not go off, can I sue the manufacturer?

Answer: Yes & No. If you are involved in an accident involving enough speed and velocity to trigger an air bag deployment, and it fails to blow up and protect the occupants there may be a claim. First, one must consider whether the air bag would have prevented an upper body injury. If you break your foot from pressing the brake pedal attempting to stop from hitting someone and you collide with another car, it is a bad argument to state the air bag did not go off and protect my foot. Second, if you sustained facial injuries from a steering wheel, is it worth going after the manufacturer instead of the at fault party in the car wreck? Quick answer: If there are not enough funds from the at fault party insurance policy, it may be worth pursuing a “products liability” lawsuit against the manufacturer, e.g. Ford, Cheverolet, GM, Mercedes, etc. Normally, the at fault party’s insurance coverage is sufficient to cover the bodily injury damages. The problems with air bag failures is the cost of bringing such an expensive lawsuit due to the expenses of hiring experts to prove the air bag mal-functioned. In addition, the vehicle the subject air bag assembly must be stored for future examination which can also be costly. Call Benson and Bingham today if your air bag failed to deploy.

Q: I’m injured and I need a loan to survive, can Benson & Bingham give me a loan or money advance?

Answer: No. The State Bar of Nevada will not permit Attorneys to give moneys to non-attorneys in the form of referral fees or loans to their own clients. Benson & Bingham may only pay for expenses that relate to litigation and fees relating to the case. Recently, the Supreme court of Nevada allowed attorneys to “facilitate loans” which means we may help you find a lender. Typically, these lenders charge high interest rates, and the eventual amounts owed can be shocking. Injured parties often suffer from physical trauma and are forced to not work per doctor’s orders. These hardships create financial issues for victims of personal injury matters, sometimes forcing clients to get terminated. We do work with fair lenders should you need an advance. Call the injury specialists at Benson and Bingham today for a loan against your case.

Q: I was the victim of a crime, can I sue the criminal who hurt me?

Answer: Yes, but it will likely result in a zero recovery. Criminals who shoot, kill, stab, and injure persons are tortfeasors and can be sued. The problem is that you may win your lawsuit, but have trouble collecting. For example, OJ Simpson was sued for the murder of his ex-wife and companion, Ron Goldman. The Goldman family got a $33 million dollar award. The problem is they never collected much, and OJ actually had money and assets! Other criminals are usually not financially well off and thus, the recoveries are usually zero—they usually go to jail and can’t repay the judgment. You can’t get blood from a stone, but you can certainly try. If you were a victim of crime, call the Clark County Victims of Crime Unit for an application for benefits. The criminal may have to pay court ordered restitution.

Q: I’m disabled and I need financial help, who should I call?

Answer: YES.

Call or visit Social Security Disability at 800-772-1213 . Call Victims of Crime 702-786-2546 Call Nevada Division of Welfare and Supportive Services at 775-684-0500 Call Nevada Division of (un)employment 702-486-0350

Q: How long will my accident case take?

Answer: Accident cases take many months to complete. An accident attorney cannot settle your case prematurely; therefore, you must finish your medical treatment before a case may be negotiated. If your case is extensive it may take years to complete. Call an injury Attorney today at Benson & Bingham where your accident will be processed efficiently and expeditiously.

Q: What is the attorney’s fee for an accident case?

Answer: A contingency fee agreement is customarily used in accident injury cases. This works for many reasons. First, it gives incentive for your attorney to maximize the amount recovered because the law firm has an interest in the case too. Second, most people could not afford an hourly fee arrangement, so accident attorneys will work on a percentage basis. The percentage varies up to 40% in certain cases, but be advised that you usually get what you pay for. A discount law firm likely handles volumes of cases and does not give each case the effort it deserves. Cases and values depend on small details so it is important your attorney knows your particular facts especially well. Don’t settle for less, as nothing is more important than your health and your case. Call Benson & Bingham for the internet special contingency fee agreement.

Q: How much do the costs add up to on a personal injury case?

Answer: It depends. Costs vary on the type of case. The more complex injury cases are more expensive. An average cost may be as low as $375.00; Complex injury cases can accrue costs of over $200,000.00+. Benson and Bingham will put up the costs for your personal injury matter.

By: Joseph Benson


Did you Know: As of November 2016, Benson & Bingham have 18 5 Star Reviews on Yahoo Local and Joseph Benson has 30 5 Star Reviews on Yahoo Local!