Nevada is a fault-based state for most personal injury claims, which means you may deal with a liability insurance adjuster if another party injures you.
For example, if another driver causes a car accident, the driver’s automobile insurance company will handle the claim. If you slip and fall at someone else’s house, their homeowner’s insurance company will handle the claim.
Liability insurance pays victim’s damages when they are injured in an incident covered by the insurance policy. The injured party has the burden of proving the legal elements required to establish liability. However, the insurance adjuster assigned to the case stands in their way.
Before you accept a settlement offer from an insurance company, you need to understand these important things about insurance adjusters:
Who Is the Insurance Adjuster in a Nevada Personal Injury Case?
The insurance company has insurance adjusters (also known as claims adjusters) who investigate claims filed with the company. Nevada is a fault-based state for most personal injury claims. Therefore, you may deal with a liability insurance adjuster if another party injures you.
Quick Settlement Offers
After you submit your claim, the insurance adjuster may offer a settlement quickly. They may try to take advantage of your immediate need for funds to cover bills and living expenses while you’re out of work. However, in most cases, these early offers are much lower than the true value of your claim.
It’s important to understand that you may be required to waive your right to pursue any further personal injury claims by accepting a settlement. Additionally, the full extent of your damages can’t be accurately assessed until you’ve completed your medical treatment and received a clear prognosis.
Your Comments to the Insurance Adjuster Could Hurt Your Case
The insurance adjuster is not your friend, even though they may act as if they have your best interests at heart. Adjusters work for the insurance company, and their priority is to protect the company from liability.
Adjusters are extensively trained in investigative skills and techniques. They may ask leading questions to obtain information they can use against you. They may even chat with you about things you assume are unrelated to the claim in order to make you feel comfortable, build your trust in them, and give them details about the accident.
Insurance Companies Often Accuse the Injured Victim of Causing Their Injuries
Insurance companies use innocent comments to shift the blame to the victim for causing the accident. They will twist your words to argue you admitted fault. For example, if you say you were running late to work, they may claim you were distracted or speeding, contributing to the accident.
Nevada’s comparative negligence statute sets a 51% bar amount. You cannot recover any money if you are more than 50% to blame for your injuries.
Insurance Adjusters Undervalue Damages
Nevada’s personal injury laws provide for both economic and non-economic damages. Non-economic expenses compensate you for pain and suffering. You can recover compensation for a loss of quality of life and enjoyment of life. Pain and suffering also include emotional distress, permanent impairments, and disfigurement.
Economic damages include financial losses, such as loss of income and medical expenses. You can also receive compensation for diminished earning capacity, out-of-pocket expenses, and other monetary losses.
The insurance adjuster may try to diminish the value of your damages to save the insurance company money.
Monitor the Statute of Limitations for Lawsuits
An insurance company may delay investigating your case or drag the case on longer than necessary. If so, you could run into problems with the deadline to file a lawsuit.
The Nevada statute of limitations for most personal injury cases is two years from the injury date. You could lose the right to pursue a legal claim if you do not file a lawsuit before the deadline.
Two years sounds like a long time to file a personal injury lawsuit. However, it is always wise to consult an attorney as soon as possible after an injury to avoid missing deadlines for filing claims.
Contact a Nevada personal injury lawyer at Battle Born Injury Lawyers to schedule a free consultation at (702) 570-9000.