FREQUENTLY ASKED QUESTIONS

Car accident lawyer Las Vegas

Car accidents do happen even if you are a good driver and did everything you could to avoid one. If you are involved in a car accident, do not panic. First, check if anyone needs immediate medical attention and call an ambulance if necessary. Second, exchange insurance and driver’s license information. It’s a good idea to call 911 or your local police station to document the car accident, even if no one is injured. With cameras on most cell phones these days, exchanging insurance and driver’s information is as easy as snapping a photo of their insurance card and driver’s license. Third, take photos of the scene and the cars involved. If the cars have been moved after the collision, take photos of the area where the impact occurred. Also take photos of any car parts that may have fallen and where the have fallen, as well any skid marks. When you are taking photos, make sure to take them at a safe area. Fourth, if you feel it is not safe to drive your car, call a tow company and someone to pick you up. If you have the tow company store your car on their lot, they will charge a daily fee for that. Fifth, if you are feeling any pain, seek medical attention. Sixth, notify your insurance company. Finally, call a Las Vegas personal injury lawyer to assist you further.

Commonly Asked Questions about Car Accidents


Download Guide On What To Do After In A Car Accident

I just got into a car accident. What do I do?

Car accidents do happen even if you are a good driver and did everything you could to avoid one. If you are involved in a car accident, do not panic. First, check if anyone needs immediate medical attention and call an ambulance if necessary. Second, exchange insurance and driver’s license information. It’s a good idea to call 911 or your local police station to document the car accident, even if no one is injured. With cameras on most cell phones these days, exchanging insurance and driver’s information is as easy as snapping a photo of their insurance card and driver’s license. Third, take photos of the scene and the cars involved. If the cars have been moved after the collision, take photos of the area where the impact occurred. Also take photos of any car parts that may have fallen and where the have fallen, as well any skid marks. When you are taking photos, make sure to take them at a safe area. Fourth, if you feel it is not safe to drive your car, call a tow company and someone to pick you up. If you have the tow company store your car on their lot, they will charge a daily fee for that. Fifth, if you are feeling any pain, seek medical attention. Sixth, notify your insurance company. Finally, call a Las Vegas personal injury and accident attorney to assist you further.

Do I Need To Hire An Attorney To Make A Personal Injury Claim?

In most personal injury cases, an accident victim can make a claim without an attorney. An accident victim may even get a settlement offer from the responsible party. However, to make sure that the accident victim obtains a fair settlement offer, the accident should hire an experienced personal injury attorney. Also, an accident victim should hire an accident attorney to make sure that all sources of compensation have been looked at. For example, we had clients severely injured in a bad car wreck just outside of Las Vegas. The insurance company of the other car involved in the accident offered to pay its insurance policy limits. That insurance monies was not enough to pay the medical bills, let alone their other damages. After the clients came to us, we were able to locate other insurance policies that covered the client’s medical bills and their other damages.

How Do I Make A Claim For My Injuries From A Car Accident?

If you were injured in a car accident, contact a Las Vegas personal injury attorney to assist you. Insurance companies are businesses, and they are in business to make money, not to help people. Many insurance companies have been sued for bad faith for not responsibly handling people’s claims. Do not be a victim of insurance companies. You need an experienced car accident attorney to fully assess your damages, which include medical bills, lost wages, pain and suffering, and lost enjoyment of life.

Suffering from unexpected injuries from a car accident is difficult and results in managing with daily pain, inability to do daily chores or work tasks, losing income, and emotional turmoil. Being injured from a car accident is not easy, but an insurance company will not evaluate and compensate you for all your damages unless they are forced to do so usually with the threat of a lawsuit or a trial.

How Much Does It Cost To Hire A Personal Injury Attorney?

Las Vegas personal injury attorneys are generally paid on a contingency basis. This means that the attorney doesn’t get paid unless the attorney obtains a settlement or award. The personal injury attorney will get a percentage of the settlement or award. The amount of the percentage depends on when the case settles or if it goes into litigation or trial. In car accident cases, D.R. Patti & Associates usually charges a percentage of 33.33% if the case settles without going into a lawsuit. If the car accident case ends up in a lawsuit, D.R. Patti & Associates’ attorney fees is 40% of the total settlement or award.

Why Hire D.R. Patti & Associates As Your Car Accident Attorney?

At D.R. Patti & Associates, we can help you recover maximum compensation for the damage caused to your vehicle, you or your loved one’s necessary medical treatment, the pain and suffering your injuries are causing, your lost wages, and for the impact your injuries have on your quality of life. No matter how severe the accident, our team of personal injury attorneys can help you to get the medical care you need and assist you in achieving the best possible outcome for your case. You do not have to go through this difficult time alone. Give us a call, and let our over 26 years of experience as Las Vegas car accident attorneys work for you. Throughout the years our office has represented thousands of people injured in automobile accidents. Taking personal care of all our clients, we have amassed a solid settlement and verdict history. Not only have we settled hundreds of cases for six and seven figure amounts, but we have received dozens of jury verdicts in that range as well. In fact, our office has never lost a jury verdict wherein the matter in controversy exceeded $500,000.00. Check out some of our success stories here.

What Does A Personal Injury Claim Involve?

Making a personal injury claim involves documenting who is at fault (liability) and the injured person’s damages, which include medical bills, lost wages, pain and suffering, and lost enjoyment of life. Documenting who is at fault involves analyzing how the accident happened, reviewing the traffic accident report, if any, analyzing the photos, and in some cases, hiring an expert, an accident reconstructionist.

Documenting damages involve reviewing your medical records related to the injuries from the car accident, talking to the injured person about the affects of their injuries on their daily life, and sometimes talking to others who have witnessed the injured person deal with their injuries. To properly present a personal injury claim, an attorney must know their client well. This is why the experienced Las Vegas car accident attorneys at D.R. Patti & Associates focuses on their clients. Quality care means quality results.

Once all of the documents and relevant interviews have been done, an attorney drafts a demand letter to the insurance company. This demand letter analyzes why the other party is at fault, sets forth all the reasons and documentation of the injured person’s damages, and demands a particular amount. The insurance company will make an offer or deny the claim. In most cases, the offer is insufficient to fully compensate the injured person, because the insurance company expects the attorney to negotiate. An insurance company that does not believe an attorney is willing to file a lawsuit to obtain justice on behalf of the client will generally not make a decent offer.

In some cases, negotiations falter, and a lawsuit is required to obtain full compensation and justice. A good attorney who has their client’s best interest in mind will discuss what the risks and costs involved in a lawsuit with their client. Get a free case evaluation now from the experienced Las Vegas car accident attorneys at D.R. Patti & Associates.

How Much Is My Personal Injury Claim Worth?

The value of each personal injury claim is different. It is based on the extent of a person’s injuries, the cost of medical bills and future medical care, the level of pain, the level of disruption of their daily life, and wage or income loss. There is no formula, and there should not be because everyone is different. Speak to an experienced Las Vegas personal injury attorney who will get to know you and what you have gone through because of a car accident.

What Are The Steps In A Personal Injury Case?

The following are the general steps in a personal injury case.

Investigate who caused the accident, and notify the responsible party or their insurance company of the claim. We also demand that they preserve evidence, such as photos or videos. Read our blog of how to prove who is at fault for causing a car accident. If it’s a car accident claim, the evidence may include the defendant’s car.

The accident victim obtains needed medical care. The most important part of any personal injury claim is for the client to get better and get the treatment he or she needs. While many may heal within 3 to 4 months, some people may need more time or may never get better.

Collecting medical records, bills, and other documentation of client’s damages. Once the client’s medical treatment is completed, we collect the client’s medical records and bills directly from the client’s health care providers. If the client lost income, we also obtain the necessary proof.

Preparing the demand packet. An experienced Las Vegas personal injury attorney will review the client’s medical records and other documentation, speak with the client, and evaluate the fair settlement value of a client’s personal injury case. The accident attorney will then draft a demand letter to the insurance company.

Negotiations and settlement. The insurance company will usually need about 2 weeks to review the demand letter and supporting evidence sent by the accident attorney. In many cases, the insurance company may ask for more time. Once the insurance company has reviewed the demand packet, a Las Vegas personal injury attorney at D.R. Patti & Associates will begin negotiating a settlement.

Negotiating medical bills and disbursal. Once a settlement has been reached, we will negotiate the medical bills while waiting for the settlement funds arrive.

Will I Have To File A Lawsuit For My Personal Injury Or Car Accident Claim?

The short answer is “it depends.” While  most Las Vegas car accident cases do not end up in a lawsuit, many do. Other types of personal injury claims, such as slip-and-falls, product liability, and medical malpractice, are more likely end up in litigation. In any type of personal injury case, the primary reason a case will end up in a lawsuit is if there is a dispute as to who is responsible for the accident. Another reason that can cause a personal injury case to go into litigation is if there is a dispute as to the extent of an accident victim’s injuries.

How Long Does It Take To Settle My Personal Injury Case?

There is no simple answer to how long it takes to settle a personal injury case. Every personal injury 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. You could read more about how long it takes to settle a car accident case here.

Should I Give A Recorded Statement To An Insurance Company?

Sometimes after a car accident or even slip and fall accidents, the  responsible party’s insurance will call the accident victim. It’s best not to give a recorded statement to an insurance company without an attorney representing you there. A primary purpose in recording the accident victim’s statement is to catch discrepancies, even innocent and minor ones. For example, you get into a car crash, and the responsible party’s insurance calls you the day after the crash. They want to ask you questions about how the crash happened on the record. Then they ask you how you’re feeling or if you’re injured. You have some pain and are stiff, but you believe you are not seriously injured. Without thinking, you answer, “I’m fine.” When your symptoms get worse, you make a claim but find that the insurance company says you couldn’t be that injured. Why? Because you said you were fine the day after the crash. Sometimes, the accident victim may not have a choice but give the recorded statement. For example, your own insurance policy will generally require you to give a recorded statement to your own insurance company. So when your insurance company asks, you generally must give the recorded statement. To make sure nothing you say is misinterpreted, hire an experienced personal injury attorney to represent you.

Who Will Pay To Repair My Car After An Accident?

The insurance company for the person who caused the car crash is responsible for paying to repair your vehicle. However, it may take the at fault party’s insurance company about a week or so to agree to pay for the repairs. Usually, the at fault party’s insurance company needs to do an investigation and confirm that their insured is at fault. The insurance company often relies on the Traffic Crash Report and statements from their insured. If there is an independent witness, they will want that too. Any delays in obtaining the Traffic Crash Report or statements from their insured or witnesses can delay  the insurance company agreeing to repair your car. If there is a dispute in who caused the accident, the other party’s insurance may not agree to pay for the repairs to your car. In that event, you will need an experienced car accident attorney to handle your case. If you don’t want to wait for the other party’s insurance to pay, you can get your car repaired under your own auto insurance policy. Your own insurance policy will cover the repairs if you have comprehensive coverage. Be sure to check with your insurance agent to see if you do.

My Car Was Wrecked In A Crash. Can I Get A Rental While The Car Is Being Repaired?

If your car was damaged in a car accident and it wasn’t your fault, the insurance company for the responsible party is obligated to pay for your renting a car while your car is being repaired. Most of the time, however, you have to pay up front for the car rental and the other party’s insurance company will reimburse you. The car rental reimbursement is part of a property damage claim. If you can’t afford the up front cost of a rental, check with your own insurance company to see if you have rental coverage.

Do I Have A Personal Injury Claim If I Was Injured In An Accident Involving A Rideshare Company Like Uber Or Lyft Driver?

Generally, yes. If you were injured while a passenger in an Uber or Lyft vehicle that was involved in crash, you may have a claim against the responsible person.  If the Uber or Lyft driver completely or partially caused the crash, you still have a claim. To read more about claims involving Lyft or Uber rides, check out this blog.

What If The Driver That Caused The Crash Has No Insurance?

You still have a claim if you were injured in a crash involving a driver without any car insurance. The real issue, however, is whether the at fault party can afford to pay for your damages and injuries. The primary purpose of car insurance is to provide compensation for those a driver injures in a crash. Without car insurance, most people can’t afford to pay your medical bills or to repair your car. To protect yourself from drivers without car insurance, you should purchase uninsured motorist (UM) insurance policies. UM insurance policy aims to protect you if you were injured by an uninsured driver. Nevada requires insurance companies to offer UM coverage to their customers. See Nev.Rev.Stat. § 690B.020. The limits of the insurance offered must be at least equivalent to the Nevada minimum liability limit of $25,000 per person and $50,000.00 per accident. Insureds can purchase higher UM/UIM limits for their protection, up to an amount equal to their liability insurance limits. Check out our blog on UM and Underinsured Motorist (UIM) coverage here.

Do I Have A Claim If I Was Injured In A Hit-and-Run Accident?

Even persons injured in a hit-and-run accident may be able to get compensation. If you or a witness was able to take down the license plate of the hit-and-run driver, the police or our investigators would be able to look for the driver. D.R. Patti & Associates have handled many hit-and-run accident claims and have been able to obtain compensation for the victims of those accidents. We hire licensed private investigators to search for the at fault party.

In some cases, the hit-and-run driver cannot be found. If that happens, the car accident victim may still be able to obtain compensation if they have uninsured motorist (UM) insurance coverage. UM insurance policy aims to protect you if you were injured by an uninsured driver. Nevada requires insurance companies to offer UM coverage to their customers. See Nev.Rev.Stat. § 690B.020. The limits of the insurance offered must be at least equivalent to the Nevada minimum liability limit of $25,000 per person and $50,000.00 per accident. Insureds can purchase higher UM/UIM limits for their protection, up to an amount equal to their liability insurance limits. Check out our blog on UM and Underinsured Motorist (UIM) coverage here.

How Do You Prove Fault For A Car Accident?

Figuring out who is at fault in a car accident is a matter of deciding who was careless. Legally, it’s about negligence. You can read more about negligence here. Any driver owes a duty to other drivers and pedestrians to exercise care when driving. What is kind of care is often answered by looking at the traffic laws and rules of the road. For traffic accidents in the Las Vegas valley, Nevada traffic laws and rules of the road provide guidelines as what drivers should be doing on the road. Nevada’s traffic laws and rules of the road can be found in Chapters 484, 484A, 484B, and 484C of the Nevada Revised Statutes. A driver who violates a traffic law and causes a crash can be considered “negligent per se” or “negligent as a matter of law.” A driver could also be negligent without violating a traffic law. This would be the case if driver does something that would not be considered reasonable by other drivers. If you or a loved one were involved in a car accident and need to know who is responsible for the accident, speak to an experienced Las Vegas car accident attorney at D.R. Patti & Associates.

Do I Have A Personal Injury Claim If An Accident Aggravated My Injuries, But Didn’t Cause It

A person’s whose condition or other injuries were worsened by an accident still has a claim against the responsible party. Sometimes,  pre-existing injuries or conditions can make people  susceptible to sustaining severe injuries from an accident. For example, a person with brittle bone disease can break a bone from an accident that may not cause the same injury to someone else. A person whose pre-existing condition makes them more susceptible to injury or worsened injury is called an “eggshell” claimant. The law says the negligent or at fault person takes the victim as they find him or her. A negligent person is responsible for all the foreseeable consequences of their actions, even if they didn’t know the victim had a pre-existing condition. The above principle also applies when a person gets into two car accidents, and the second accident aggravates the injuries from the previous car accident. Read our blog on handling and injuries from multiple car accidents and how prior accidents affect a current accident claim.