The claims process for getting compensation after a car accident in Las Vegas, NV, can include a lawsuit. But whether you will ever get to court depends on several factors, including the strength of your claim and the insurer representing the at-fault driver.
In most cases, your Las Vegas car accident lawyer will be able to settle your case before it goes to trial. The settlement agreement will release your known claims and waive any unknown claims arising from the accident. This will end your case, and you can focus on your health going forward.
How Battle Born Injury Lawyers Can Help After a Motor Vehicle Accident in Las Vegas, NV
Our attorneys have over 85 years of combined experience and provide personalized representation to each client, including:
- A free consultation to discuss your legal options after your accident
- A proven track record of excellent client service and favorable outcomes
- Extensive courtroom experience if we cannot settle your insurance claim
A car accident can cause severe injuries that require expensive medical treatment and disable you from working. Contact Battle Born Injury Lawyers for a free consultation to discuss your injuries and the compensation you can seek for them. Call us at (702) 570-9000.
How Many Las Vegas Car Accident Claims Are Filed?
Nevada uses a fault-based system of car accident insurance. Under this system, all car owners must buy liability insurance. After a car accident, accident victims file claims against the at-fault driver’s insurance. Liability insurance covers the losses suffered by all accident victims up to the policy limits.
Liability insurance does not cover the at-fault driver’s losses. Insurers only pay claims from third parties who are not the policyholder.
From 2016 to 2020, the Las Vegas Valley had 237,338 total traffic accidents. These crashes happened in Las Vegas, North Las Vegas, Henderson, and unincorporated Clark County. The accidents injured 100,060 people and killed 1,489 people, according to the Nevada Department of Transportation’s Crash Data map.
Not all of these people filed an injury claim. Some suffered only minor injuries and did not bother to file a claim, for instance.
If you assume that roughly half of the people who suffered fatal and non-fatal injuries were at fault for their accidents, this leaves about 50,775 people who could have filed a claim. Roughly 50,030 victims could have filed an injury claim, and the families of the remaining 750 people could have filed a wrongful death claim.
Will My Las Vegas Car Accident Case Go to Court?
Many clients ask, “Do I have to go to court after a car accident in Las Vegas, NV?” No lawyer can definitively answer this question in advance. But a study by the U.S. Department of Justice shows that a settlement agreement was the most common disposition for car crash lawsuits. This settlement could happen before or during a trial.
Only 3% of personal injury cases received a trial verdict. The remaining 24% of cases were dropped by the injured party or dismissed by the court for legal or technical reasons.
These statistics only cover lawsuits. They do not cover the tens of thousands of claims that get resolved before a lawsuit is filed. These cases settle during the insurance claims process and, as a result, never go to court.
But there’s always a slim chance your case will go to trial. During a trial, your lawyer will present your case to a jury. The at-fault party’s lawyer will present evidence that refutes their liability.
Situations where you might go to trial after a car accident include:
To get compensation for you, your injury lawyer must prove negligence. You can only win if the at-fault driver failed to exercise reasonable care before causing your accident.
Sometimes, you will be in court if the facts do not clearly show the at-fault driver’s negligence. For example, if your crash happened during monsoon season in Las Vegas, you might blame the driver for speeding in the rain while the at-fault driver blames slick roads. A jury may need to determine the true cause of the accident.
Disagreement Over Your Role
A common defense tactic is to blame you for your crash. Nevada uses comparative negligence to allocate fault after a crash. If you bear 30% of the blame for your crash, the at-fault driver only needs to pay 70% of your losses. And if you are found to be more than 50% responsible, you cannot recover compensation. When an insurer asserts that you played a role in the crash, you may need a jury to sort out the truth.
Schedule a Free Consultation With Our Car Accident Lawyers in Las Vegas
If your case goes to court, you will need a skilled, experienced Las Vegas car accident attorney to present your case to a jury. Contact Battle Born Injury Lawyers for a free consultation to discuss your legal rights and the process for seeking injury compensation.