Battle Born Injury Lawyers | March 31, 2025 | Car Accidents
Car accident injury claims are among the most common of all personal injury claims. Insurance companies pay most of the successful car accident claimants. If your claim is large and in dispute, you might need to negotiate with the insurance company or even file a lawsuit to win your claim. Here are some keys to winning.
Gather Evidence at the Scene of the Accident
Collect evidence at the scene of the accident including photographs, eyewitness contact details, access to a police report, and a story of the accident that you wrote while the details were still fresh in your mind.
Seek Immediate Medical Attention
Seek medical attention if your body suffered any impact, even if you think you’re OK. Sometimes serious injuries don’t produce immediate symptoms. If you don’t seek medical treatment in time, the insurance company will ignore your claim for medical expenses.
Keep an Eye on the Statute of Limitations Deadline
The Nevada personal injury statute of limitations deadline is usually two years after the date of your injury. Certain exceptions can lengthen this period if they apply.
Maintain Detailed Records of Your Case
Keep all documentation that is even remotely connected to your case, such as medical bills, police reports, receipts for out-of-pocket expenses, and more. When in doubt, keep it.
Follow Your Doctor’s Orders Until You Reach Maximum Medical Improvement
Maximum medical improvement (MMI) is the point where your doctor says your condition has improved as much as it is ever going to. If you fail to follow your doctor’s orders during treatment, you will give the defense an opportunity to claim that the seriousness of your injuries was partially your own fault.
Have Your Lawyer Negotiate Your Claim for You
Your lawyer should know how to increase the settlement value of your claim. Notify the insurance adjuster that you’ve retained a lawyer, and have your lawyer notify them that all future communication is to go through them. This will bring you peace of mind.
Send a Demand Letter
A demand letter is a brief description of your claim and a car injury compensation demand that you send to the insurance company. Your demand letter should include a deadline for a response and a threat of legal action if the insurance company misses the deadline.
Don’t Talk About Your Case on Social Media
The opposing party can use your public social media posts as evidence against you. Your safest choice is to stay off social media entirely while your case is pending.
File a Lawsuit
Filing a lawsuit doesn’t mean you have to go to trial— you can always withdraw it in exchange for a fair settlement. A lawsuit, however, will beat the statute of limitations deadline, and it will get you access to the pretrial discovery evidence-gathering process.
Engage in the Discovery Process
The pretrial discovery evidence-gather process grants both parties access to the following legal tools:
- Depositions: Out-of-court witness testimony.
- Interrogatories: Written questions directed to the other party.
- Demands for the production of documents and physical evidence.
- Requests for admissions of uncontroversial facts.
The discovery process often yields so much evidence that one party has no realistic choice but to settle on the other party’s terms.
Demand Data From the At-Fault Party’s Event Data Recorder
An Event Data Recorder (EDR) records critical data about an accident such as speed, braking, and other information. Most vehicles from 2015 onward have EDRs.
Carefully Assess the Total Value of your Claim
You can’t effectively demand damages if you don’t know how much to ask for. Pay special attention to the valuation of non-economic damages.
Keep a Pain Diary
Keep a daily diary of how your injuries affect your daily life. Make sure to include all of the psychological difficulties your injuries have put you through because this can support a claim for non-economic damages.
Try Mediation
If you file a lawsuit, the judge might insist that you try mediation before they will schedule a trial. Mediators often break negotiation deadlocks when nobody else can.
Draft an Airtight Settlement Agreement
You will need a written agreement to settle a car accident claim Once both parties sign it, a settlement agreement becomes an enforceable contract.
An Experienced Car Accident Lawyer Might Multiply the Value of Your Claim
An experienced Las Vegas car accident lawyer can fight for your rights at the settlement table and in court if necessary. Here at Battle Born Injury Lawyers, we are a battle-tested law firm that has won over $100 million for its clients. If we don’t win compensation for your case, your attorney’s fees will total $0.00.
Contact the Las Vegas Car Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our car accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287
