Category: Car Accident Settlements

How Much Can I Get For My Car Accident?

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How much a car accident victim can get from a personal injury settlement is not an easy question to answer. This is also a different than asking how much your car accident claim can settle for. How much a personal injury claim settles for depends on the injuries, the medical treatment, and how much insurance policy is available. How much the accident victim can get takes into account how much the claim can settle for, how much medical bills have to be paid out of the settlement, and how much the attorney’s fees and costs are.

Settlement Value Of A Car Accident Claim

The settlement value of a car accident claim depends primarily on the nature of the injuries and how much money is available. Of course, the more severe and permanent the injuries are, the higher the value of the case. However, regardless of how severe the injuries are, the amount of money or insurance policy the defendant has will limit how much the case could settle for.

Also, no two people’s cases are alike. While people can have similar injuries, everyone heals differently. Injuries can also affect people differently.  The injured victim of a car accident can claim for their medical bills, their pain and suffering, lost enjoyment of life, and any wage or income loss. In the legal field, we call these items “damages.”

Because the settlement value of a case depends on a person’s injuries, how long they heal or whether those injuries are permanent, an experienced car accident lawyer cannot know from the beginning of a case how much the case could settle for. The more common injuries from a car accident are neck and back pain that are initially diagnosed as a soft tissue injury, usually a sprain or strain. Some neck injuries may require surgery. Doctors generally can’t tell at the beginning if a neck sprain or strain may turn out worse and require surgery. Imaging, such as MRIs, may be necessary. Doctors also may require pain management and even epidural steroid injections. Other tests, such as nerve conduction studies, may be needed. All of these tests and treatment take time.

Once a car accident victim is fully healed or has reached maximum medical improvement, then the attorneys can begin the process of settling the case. A car accident victim shouldn’t settle their case until they know the full extent of their injuries.

How Much Does The Injured Victim Get Out of A Car Accident Settlement

When a client has reached maximum medical improvement, then the settlement value of his or her claim can be evaluated. After determining the settlement value, we can then estimate how much the client’s share is of the potential settlement. To do that, we would have to deduct the medical bills that have to be paid back, the attorney’s fees, and the costs that have to be reimbursed to the attorneys.

Remember, personal injury attorneys are paid on a contingency fee basis. That means, car accident attorneys like D.R. Patti & Associates don’t get paid unless they recover monies for the client. In a typical contingency fee case, the lawyer’s fee is a percentage of the total settlement. That percentage usually increases if the case goes into litigation.

Is Hiring An Attorney For A Car Accident Worth It?

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Las Vegas personal injury attorneys

If you were injured in a car accident, you may be wondering whether it’s worth hiring a car accident attorney. You may be worried that you can’t afford an attorney or that the attorney’s fees may reduce your share of any settlement. Or you may be looking at all the billboards of personal injury attorneys in Las Vegas and wondering whether an accident attorney will really care about you and your case. Or you may be thinking, making a claim seems so simple since the other person was clearly at fault that you don’t need an attorney to handle your claim.

There could be many reasons why you may be concerned about hiring an injury lawyer, but whatever those are, it is usually best to consult with an attorney before settling your car accident case. You may discover it’s not about whether you need an attorney but whether you can find the right accident lawyer for you and your case. You may also discover that the at fault party’s insurance company does not have your best interests at heart and that your claim is not as simple as you think it is.

Why Hire An Injury Attorney For Your Car Accident?

A good personal injury attorney will have the knowledge, skill, and experience to value your case and to get maximum recovery as possible. Doing a Google search for how to handle your personal injury case is no substitute for experience, because each injury and each accident are as unique as each individual. Meaning, there is no one foolproof formula to handle a car accident claim. A seasoned car accident lawyer knows what facts to look for and to highlight, as well as how to deal with facts that the insurance company uses to low ball your accident claim.

If you suffered serious injuries or have permanent lifelong damages from a car accident, you may find that the automobile policy limits of the person who caused the accident is not enough to fully compensate you. Most of the time, the automobile insurance policy limits for the at fault driver will not be sufficient to compensate someone with serious permanent injuries. In Nevada, drivers are only required to carry car insurance policies of a minimum of $25,000.00 per person and $50,000.00 per accident.

If you are seriously injured, you would want to definitely hire an attorney who will conduct the research and investigation to find other sources for recovery. For example, sometimes there may be more than one person at fault or who contributed to a car accident. There are times when the design of a roadway contributed to the crash. A good car accident lawyer knows their first obligation is to their client and to perform the due diligence necessary to provide maximum recovery for their client.

What About The Cost Of An Attorney?

The cost of a personal injury lawyer should not be a concern. Personal injury and automobile accident cases is one of the few areas of law where the lawyer does not get paid up front. A car accident lawyer doesn’t get paid at all they are not successful in obtaining a settlement or an award for their clients. This type of fee arrangement is called a contingency fee.

If you or a loved one have been injured in a car accident, call and speak to one of our Las Vegas car accident attorneys. All personal injury consultations are free. D.R. Patti & Associates has a combined 50+ years of experience in all forms of injury cases.

WHAT IS INSURANCE BAD FAITH?

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The Las Vegas personal injury attorneys of D.R. Patti & Associates are no strangers to insurance companies acting in bad faith. With over 26 years of experience in Las Vegas personal injury cases and litigation, D.R. Patti & Associates knows what to look for and how to hold insurance companies responsible. An insurance company is considered to be acting in bad faith if it denies or mishandles an insurance claim in such a way that it is considered unreasonable.  In car accidents, an innocent victim may be entitled to compensation from their own automobile insurance policy if they have uninsured (UM) or underinsured (UIM) coverage.

A UM policy covers an insured who is struck by a car with no insurance or by a hit-and-run driver, while UIM policy covers an insured who sustains damages more than what the at-fault driver’s insurance policy can cover. Also, there are times when accidents happen that are not caused by the negligence of other citizens. In these cases, a person will likely have to have their own insurance company pay for their medical expenses. When an insurance company acts in bad faith on these claims it can cause an unnecessary burden upon the victim.

Under United States law, insurance companies owe a duty of good faith and fair dealing to the persons they insure. This duty is often referred to as the “implied covenant of good faith and fair dealing” which automatically exists by operation of law in every insurance contract. See  Combee, Jamie R. (22 December 2014). “Insurance Bad Faith” (PDF). Mealey’s Litigation Report. 28 (16). Archived from the original (PDF) on 2019-06-04. Retrieved 19 March 2018.

Bad Faith Examples

  • Lack of communication
  • Making threatening statements
  • Canceling or changing the policy after the claim is filed and under new terms
  • They took an unreasonable length of time to pay your claim
  • Your claim was denied but you weren’t given a reason
  • Undervaluing your claim, and not offering a reasonable amount so that litigation is necessary to recoup the correct amount
  • Failing to explain why a claim was denied or a compromise offer was made.
  • Not using formal and proper investigative techniques i.e. use of fraudulent or illegal investigative processes.

Damages

Punitive damages might be available, which are imposed for the purpose of punishing the bad actor for particularly wrongful conduct. These damages are meant to deter insurance companies from doing the same thing to other policyholders.

On March 8, 2013, the Brevard County jury rendered a verdict for Cadle and against GEICO in the amount of $900,000.00. Thereafter, judgment was entered in the amount of $75,000.00, representing the UM policy limit. The present suit was filed on October 15, 2013, seeking to recover the $900,000.00 verdict (less set-offs) rendered in the underlying case. See Cadle v. Geico Gen. Ins. Co. (n.d.). Case Text. https://casetext.com/case/cadle-v-geico-gen-ins-co

If you think your insurance company is acting in bad faith, call the Las Vegas personal injury attorneys of D.R. Patti & Associates at 702-331-3391. We have extensive experience with bad faith insurance practices, and sometimes simply having a lawyer can make insurance companies change their practices.

Timeline of a Las Vegas Personal Injury Lawsuit

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Timeline of a Las Vegas Personal Injury Lawsuit

A lawsuit begins with the filing of a complaint. Generally, if the accident occurred in Las Vegas, the complaint would be filed in state court. In some cases where damages exceed $75,000.00 and the parties reside in different states from each other, those cases can be filed with the federal court. This timeline will focus on cases filed in state court. The person on whose behalf the lawsuit is filed is called the plaintiff. The person being sued is called the defendant.

The amount of damages an injured person is seeking determines which state court the lawsuit is filed in. If the damages do not exceed $15,000.00, the case is filed with the Las Vegas Justice Court. If the damages exceed $15,000.00, the case is filed with the Eighth Judicial District Court.

Las Vegas Personal Injury Cases In The Eighth Judicial District Court

In personal injury cases (except Medical Malpractice), a lawsuit must be filed no later than the second anniversary of the accident. This is called the statute of limitations. This means that if the car accident or slip and fall that caused your injuries occurred on July 1, 2020, the lawsuit must be filed by July 1, 2022. If the lawsuit is not filed by the second anniversary, the lawsuit will be dismissed. Nevada’s statute of limitations applicable in personal injury cases can be found in NRS § 11.190.
Once the complaint is filed, the plaintiff has 120 days to serve the defendant with the complaint and a summons. This step is called service of process. A defendant must be served before the court can have jurisdiction over the defendant. The laws governing service of process can be found in Rules 4 and 4.2 of the Nevada Rules of Civil Procedure (“NRCP”). Failure to serve the defendant without good cause before the 120 expires can result in dismissal of the lawsuit. If additional time is needed to serve the defendant, a plaintiff should seek an extension with the court before the 120 days expires.
The best and primary way to serve a defendant is through personal service, which means that a defendant is personally handed the complaint and summons. Any person over the age of 18 years old and not a party to the lawsuit can serve the defendant. See NRCP Rule 4(c)(3). If the defendant is a legal entity, such as a corporation or a limited liability company, the company’s registered agent for service of process can be served. If the defendant is a Nevada corporation or limited liability company, you can find out who the registered agent is through the Nevada Secretary of State’s website.

If the defendant cannot be found, Rules 4 and 4.4 of the NRCP provides for alternatives to personal service. To be able to utilize those alternatives, the plaintiff or her attorneys must show that they conducted due diligence in locating defendant and attempting to serve them. Alternatives to personal service including publishing the complaint and summons.

Once the defendant is served, they have 20 days to file an answer. Once the defendant files an answer, the plaintiff can request exemption from the mandatory Court Annexed Arbitration Program or proceed through the program.

The Mandatory Court Annexed Arbitration Program

In the Eighth Judicial District Court, all cases are automatically enrolled in the mandatory Court Annexed Arbitration Program. Thus, unless exempted, all cases must first be arbitrated.  The purpose of this Arbitration Program “is to provide a simplified procedure for obtaining a prompt and equitable resolution of cervical civil matters.” Absent good cause, arbitration hearings for cases in the program must be held within 6 months after appointment of an arbitrator. The laws governing the Arbitration Program can be found in the Rules Governing Alternative Dispute Resolution.

A case is exempted from the program if the case involves a claim in excess of $50,000.00. There are other reasons a case can be exempted from the program, such as public policy. A request for exemption must be submitted to the Arbitration Commissioner within 20 days after the defendant files an answer.

If a Las Vegas personal injury case is worth less than $50,000.00, it will usually be first arbitrated. In an arbitration, the case is decided by a qualified neutral third-party. Sometime after an answer is filed, the parties in such a case will receive a list of five potential arbitrators, usually local attorneys. Each party can de-select two of the potential arbitrators, and the Arbitration Commissioner will select the arbitrator from the remaining names.

The decision of the arbitrator is non-binding, unless the parties agree otherwise. This means that once the arbitrator issues her decision, either party to the lawsuit can elect to proceed to a trial by filing a “Request for Trial De Novo” within 30 days after the arbitrator issues her decision. If such a Request is filed, the lawsuit will proceed through the Short Trial program unless a party demands removal from the program within 10 days after the Request. If a lawsuit is removed from the Short Trial program, the lawsuit proceeds on the regular course of litigation.

As with the Court Annexed Arbitration Program, the Short Trial program is intended to provide a faster resolution of a lawsuit. Unlike a regular trial, a trial in the Short Trial program must occur within 120 days after the presiding judge is appointed. In a lawsuit that is not in the Short Trial program, it can take a year or more for a case goes to trial. There are other difference. Unlike a regular trial, a case in the Short Trial program only has 1 day to try the case in front of a jury of four people. Also unlike a regular trial, a pro tempore judge, rather than a district court judge, can preside over a Short Trial. The Short Trial rules can be found in the Nevada Short Trial Rules.

Scheduling Conference & Discovery

After a Las Vegas personal injury lawsuit is exempted from arbitration or an arbitrator is appointed, a scheduling conference will be held with the parties or their attorneys. If the case is in the Arbitration Program, the scheduling conference will be set by the arbitrator. If the case is not in the Arbitration Program, the plaintiff will schedule the conference. In the scheduling conference, the parties discuss how long they need to conduct “discovery” and set deadlines.
Discovery is essentially the process during which each side conducts their investigation and discloses the evidence they intend on using at trial. The Nevada Rules of Civil Procedure provide for the following ways to conduct discovery:

  • Interrogatories (NRCP Rule 33)
  • Requests for Production of Documents (NRCP Rule 34)
  • Requests for Admissions (NRCP Rule 36)
  • Depositions (NRCP Rule 30)
  • Site Inspections (NRCP Rule 34)
  • Independent Medical Examination (NRCP Rule 35)
  • Subpoenas (NRCP Rule 45)

In cases outside the Arbitration Program or Short Trial Program, the discovery period could last longer than 6 months after the scheduling conference. Oftentimes, it could be as long as a year. The more complex a case is, the longer the discovery period could take. If the parties cannot agree on how long the discovery period should be, the district court judge assigned to the case or the Discovery Commissioner will set the discovery period.
Along with the discovery period, the other deadlines the parties can either agree to or the court can set include deadlines for filing pre-trial motions, deadlines for disclosing experts, and the deadline for the case to be ready for trial.

Dispositive Motions, Pre-Trial Motions & Trial

In cases outside the Court Annexed Arbitration Program or Short Trial Program, the next deadline the parties usually face after the discovery period is the deadline to file dispositive motions. This deadline is usually set 30 days after the end of the discovery period. Dispositive motions are papers or briefs submitted by a party to the court, in which the party asks the court for a case-ending decision. The typical dispositive motion is called Motion for Summary Judgment.

Another deadline the parties face after the discovery period is the deadline to file pre-trial motions. Pre-trial motions usually deal with evidentiary issues. That is, the parties argue what evidence can be shown to a jury or what must be excluded.

The final step is the trial. In cases outside the Court Annexed Arbitration Program or Short Trial Program, trial can last days and, sometimes, weeks. By the time a trial starts in a case outside the Court Annexed Arbitration Program or Short Trial Program, over a year could have lapsed since the lawsuit was started.

If you or a loved one are facing a lawsuit for injuries you sustained as a result of a car accident in Las Vegas, the experienced personal injury attorneys at D.R. Patti & Associates can assist you. With a combined total of 50+ years of experience, we can advise and guide you through the process and obtain the best results possible.

How Long Does It Take To Settle My Car Accident Case?

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There is no simple answer to how long it takes to settle a car accident case. Every car accident case is different, and there is no fixed formula. Generally, the less disputes issued, the more likely the case settles early. The more disputed issues, the longer it takes to settle case.  There are several factors to consider.

Is There A Dispute As To Who Caused The Accident?

The first factor to consider is whether there is a liability dispute. A liability dispute means the drivers involved in the car accident are claiming the other person is at fault. Many times when there is a liability dispute, a lawsuit will have to be filed. The purpose of the lawsuit is to get a judge, jury, or arbitrator to decide who is at fault. However, even if a lawsuit is filed, a case can still settle without going to trial or arbitration. What happens in a personal injury lawsuit is a whole separate topic, and you can learn more about that by clicking here.

Sometimes, a case with disputed liability can settle without a lawsuit. Usually, this happens when one driver has more or stronger evidence to show that the other driver is at fault. For example, if the police came to the accident scene, did an investigation, and determined the other driver is at fault, that other driver’s insurance company may decide to settle the case. Generally, a person’s car insurance company can settle a personal injury claim without the permission of their insured. If there is a disinterested witness to the accident, there is a good chance of settling without a lawsuit. A disinterested witness is someone who has no interest in the case. Usually, this means the witness doesn’t know any of the other drivers involved.

How Severe Are the Injuries And How Much Insurance Is Available?

Assuming liability is not in dispute, the next two main factors to consider are (1) the extent and severity of the injuries and (2) the amount of insurance available. The more severe the injuries and the lower the amount of insurance available, the faster a case would actually settle. For example, if a car accident caused you to break a leg and the insurance limits for the at fault driver is the Nevada minimum of $25,000, the case would likely settle pretty quickly. The reason this case settles quickly is because there is no dispute that the injuries are greater than the insurance monies available.

The more severe the injuries and the greater amount of insurance available, the longer it could take a case to settle. For example, if you were in a car accident with a semi-truck, it is likely that the semi-truck carries a commercial liability policy. That commercial policy could be more than a million dollars. If you injured your neck in that truck accident, it could take sometime before your doctors determine that the injury is more severe or permanent. Most neck injuries from a car accident are initially diagnosed as a soft tissue injury, usually a sprain or strain. Some neck injuries may require surgery. Doctors generally can’t tell at the beginning if a neck sprain or strain may turn out worse and require surgery. Imaging, such as MRIs, may be necessary. Doctors also may require pain management and even epidural steroid injections. Other tests, such as nerve conduction studies, may be needed. All of these tests and treatment take time. A car accident victim shouldn’t settle their case until they know the full extent of their injuries.

More often than not, the less severe the injuries, the more likely the case will settle without a lawsuit. Less severe injuries take less time to heal. Once a car accident victim is fully healed or has reached maximum medical improvement, then the attorneys can begin the process of settling the case. You can learn more about the process of settling a case here.

How Bad Was The Car Accident?

The amount of damage to the cars involved in the accident also affects when the case settles. Generally, insurance companies take the position that minor impact accidents do not cause injuries. Even if they do, insurance companies say that the injuries are so minor and they will dispute the necessity or amount of medical treatment. Read more about the insurance companies’ tactics in dealing with “Minor Impact Soft Tissue” injury cases here.

What is considered a minor impact usually depends on the cost to repair the damage or how visible the damage is. An experienced personal injury will always obtain documentation on the property damage. This could include photographs of the cars and repair estimates.

The above are just some of the more common factors affecting how long it takes to settle a car accident. There may be other factors to consider, such as whether the accident victim has pre-existing injuries or is an eggshell person. Again, no car accident case is the same. If you have questions about your car accident case, you should speak to an experienced Las Vegas car accident attorney. With a combined total of 25+ years of experience and success, the car accident attorneys at D.R. Patti & Associates can provide unique insights to your case. Our Las Vegas personal injury attorneys know that its important that clients get to speak to their attorneys.

Backing Out of a Release

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The Insurance Company Had Me Sign A Settlement . . . Can I Back Out And Hire An Attorney?

It’s not unusual for some people injured in a car accident to sign a release or accept a settlement from an insurance company immediately or days after a crash. Insurance companies would like to settle cases as fast as possible right after an accident, before the accident victim realizes how injured they are or gets an attorney. Settling within hours or days after a crash is part of an insurance company’s tactics to pay as little as possible for personal injury settlements.

We have been contacted by many who have regretted settling their cases. They signed releases without fully realizing what they had given up, how injured they were, or how much medical bills they had. They call us wanting to know if they can somehow back out of these releases or settlements. Unfortunately, there is no easy answer as no case or scenario is the same.

There are laws that govern when a settlement agreement or a release can be “set aside” or invalidated. Normally, the laws regulating contracts apply. Under contract law, the court looks to whether there was a “meeting of the minds” from the perspective of a reasonable person. This usually means a judge lets a jury decide whether an objectively reasonable person would have understood what he or she was giving up. Convincing a judge or jury that an objectively reasonable person would not have understood a clearly written contract is difficult.

Thankfully, last year, the Nevada legislature passed a law, NRS 10.185, that allows for a release or settlement agreement to be easily set aside. This law can be found under Chapter 10 of the Nevada Revised Statutes. This law, however, only applies in a limited set of circumstances. A release can be invalidated under this law if the release was signed within 30 days after a crash and the injured person signed it without the help of an attorney. To benefit from this law, the injured party was send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any monies paid by the insurance company; this monies is known as consideration.

The text of the law is as follows:

NRS 10.185. Voidability of release of liability given in connection with claim for personal injury sustained by releasor.

  1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release:
    (a) Within 30 days after the event that initially caused his or her injury; and
    (b) Without the assistance or guidance of an attorney.
  2. To void the release of liability pursuant to subsection 1, the releasor shall:
    (a) Sign a written notice disclosing the election of the releasor to void the release; and
    (b) Within 10 days after signing the notice:

    1. Send the original notice or a signed copy of the notice to the releasee; and
    2. Return any consideration paid by the releasee.
  3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee.
  4. As used in this section:
    (a) “Personal injury” means any mental or physical injury. The term does not include property damage.
    (b) “Release of liability” means an agreement executed between a releasor and releasee.
    (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1.
    (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1.

If you are injured, have signed a “release,” and wish to discuss your case with an experienced Las Vegas car accident attorney, call us at 702-331-3391. The Las Vegas personal injury attorneys at D.R. Patti & Associates are here to help you.

Pitfalls of Settling A Car Accident Case Without An Attorney

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It’s not unusual for some people injured in a car accident to accept a settlement from an insurance company immediately or days after a crash. Insurance companies would like to settle cases as fast as possible right after an accident, before the accident victim realizes how injured they are or gets an attorney. Settling within hours or days after a crash is part of an insurance company’s tactics to pay as little as possible for personal injury settlements.

We recently represented two individuals who did exactly that, and neither fully realized what they had done.
In one scenario, our client was injured in what generally could be considered a minor impact. Even our client did not think the crash was severe. A taxi cab had backed up into the driver’s side of his car. Though he felt immediate pain, he thought it would go away in a few days because it was just a small crash. Within an hour, an insurance adjuster for the taxi cab company was on the accident scene. Our client’s main concern was getting his car fixed. The insurance adjuster told him the car will be fixed if our client signs the release.

Our client, who spoke only Spanish, didn’t understand or fully understand that he was releasing or waiving his right to seek compensation for injuries. Our client also didn’t realize his injuries would get worse.

Our client was in his seventies and had been turned to his right, warning his back seat passengers about the cab that was backing up fast into them, when his car was struck. His age and his body position all contributed to him developing sprain and strain, otherwise known as soft tissue injuries, injuries that would persist for days, weeks, even months. The day following the accident, the headache that began with the crash was worse. His neck was stiff, and it was painful to move. His back was achy.

Las Vegas Taxi Cab Accident Attorney

Our client waited for the adjuster to call regarding repairing the damage to his car. When he did finally call over a week later, our client told the adjuster he was injured and wanted them to pay for him to see a chiropractor. The adjuster told him that he didn’t have a claim anymore, because he signed the release. Our client was still in a great deal of pain, so he sought a chiropractor on his own. When he told the chiropractor what happened, the chiropractor referred him to D.R. Patti & Associates. In representing this person, we learned that the taxi cab company routinely attempts to settle a case immediately at the scene of a crash.
In another scenario, our client was in a motorcycle accident. She was a passenger in her husband’s motorcycle when her husband laid his bike down to avoid hitting a car that suddenly swerved into their lane. No one got the other car’s information. While her husband was fine, our client suffered a fracture to her cheek bones and significant road rash and bruising. She was transported by ambulance to the emergency room. By the end of the day, she had accumulated over $50,000.00 in medical bills; but she hadn’t received the bills yet and didn’t know how much the ambulance ride and emergency visit cost.

The following day, they made a claim against their own insurance company and were initially denied. Their insurance company explained that because there was no evidence another car hit them, they had no claim under their uninsured motorist (UM) policy. But then the insurance company said our client had a liability claim against her husband’s policy, since he caused the accident. Our client was thrilled when the insurance company offered to give her the entire amount of her husband’s insurance policy of $50,000.00 and signed a release. A few days later, she found out that the hospital was claiming a lien against the entire $50,000.00 and that her health insurance refused to pay the emergency room visit. That finally prompted our client to call one of our attorneys. On her behalf, not only were we able to successfully get her health insurance to pay for the hospital bills, but we were also able to obtained additional monies from her insurance company under her underinsured motorist (UIM) policy.