FAQs for Workers Compensation
Frequently Asked Questions About Worker’s Comp
The worker’s compensation system provides benefits if you become injured or ill from your job. Generally, you do not have to prove that the accident or illness was your employer’s fault or that it was not your fault (for exceptions – see NRS 616C.230).
Who pays the worker’s compensation benefits?
Employers purchase worker’s compensation policies from insurance companies; some employers are approved to be self-insured and they pay the benefits themselves. Most self-insured employers hire third party administrators to administer claims.
Either insurance companies or approved self-insured employers pay benefits to injured workers for wage-loss and permanent loss of use of body functions. Insurers pay the medical and vocational rehabilitation costs directly to the service providers. Insurers reimburse employees for some expenses such as mileage under certain circumstances.
What about the injured worker’s rights?
Under state law you have the right to file for worker’s compensation benefits. You do not have to pay for any worker’s compensation benefits. State law requires employers to have workers’ compensation insurance to pay for all worker’s compensation benefits.
What should I do when I am injured?
- Report your injury to your supervisor within seven (7) days and complete a written report on the form provided by your employer (C-1 form).
- Get prompt medical care, and complete a C-4 form – Employees Claim for Compensation/Report of Initial Treatment. This form is completed by the injured worker and the physician or chiropractor and submitted to the insurer by the medical provider to initiate an injured worker’s claim.
- Inform your employer about your medical condition and when you can return to work. Your medical provider should provide this information to you at each visit. Call your insurer/administrator if you have questions or problems with your claim.
What does my employer do?
- Your employer completes a C-3 form – Employer’s Report of Injury form and sends it to the insurance company or the plan administrator, if self-insured.
What does the insurance company/administrator do?
- After you have reported the injury, the insurer/administrator investigates the injury report and makes an initial decision about whether to accept or deny your claim based on the circumstances surrounding your injury and the laws governing worker’s compensation insurance in this State.
What benefits do I receive?
- If your Doctor states in writing that you are temporarily unable to work because of your injury, or places physical restrictions on you that your employer cannot accommodate, you will receive Temporary Total Disability (TTD) benefits.
What if I need help returning to work?
- Talk with your employer and your treating physician about returning to work. Your employer may provide accommodations to help you return to work. If you cannot return to your employer because of your injury, vocational rehabilitation services may help you find work with a new employer.
Problems with my claim
Most worker’s compensation claims are paid without any problems. However if you think the insurance company/administrator is not paying you correctly, or not paying your medical bills, you may want to do the following:
- Contact the claims adjuster – write down the date, time, and adjuster’s name for your records. Explain the problem and attempt to work it out; many times problems are fixed with a simple telephone call. If not, put your request in writing and send it to the insurer/administrator.
- Be sure the insurance company really must pay for what you want. Determine if the law allows the benefit you believe you should have.
- If you continue to have difficulty with your worker’s compensation claim (benefit or medical management issues), you may call the Office of the Governor, Consumer Health Assistance at 702-486-3587 or toll free at 888-333-1597
- If you believe your insurer has violated a law or regulation, you may contact the Division of Industrial Relations (DIR), Worker’s Compensation Section (WCS) to report the suspected violation. You may reach them in Southern Nevada at 702-486-9080 or in Northern Nevada at 775-684-7260
- If you think you are in need of legal assistance, the Nevada Attorney for Injured Workers (NAIW) may be available to represent you without fee. You may reach the NAIW in Southern Nevada at 702-486-2830 or in Northern Nevada at 775-684-7555
- Attend and participate in all scheduled physician appointments and other provider appointments (such as physical therapy).
- Inform your employer about your medical progress and plans to return to work.
- Keep in frequent touch with your claims adjuster, medical personnel, and vocational rehabilitation counselor.
- Put your name, Social Security number and date of injury on all papers and forms sent to the insurance company to help process them quickly. Clearly identify your employer and its insurer.
- Save copies of all case documents, letters, forms, compensation checks and medical bills (generally injured workers should not receive any medical bills).
- Save notes of telephone conversations.
- Keep track of your mileage for vocational rehabilitation and medical visits to possibly qualify for reimbursements.
- Keep on top of your claim – assist with the management, and know where to turn if you have problems.
FAQs for Personal Injury
Can I be found to have been partially at fault in Nevada for my injuries caused by a vehicle rollover?
In Nevada, you can be found partially at fault if you’re involved in a rollover accident. What happens is they look to see all the factors involved in the incident. If you were going too fast, if you were turning too suddenly, if you were using due care… all of those factors come into play. So when you’re involved in a rollover it’s important that you contact an attorney who can help you evaluate those issues.
Do I need an attorney to pursue a claim after my Yamaha Rhino rollover accident?
If you’re riding on a Rhino and it rolls over, I would highly recommend you get an attorney to help you with your case. It’s going to be very technical and you have to show that it was the manufacturing and the design of the Rhino that caused the ACV to rollover versus your driving skill and your speed and other factors.
How long do I have to file a Nevada vehicle rollover case?
Here in Nevada, the statute of limitations is two years. So what that means is that you’ve either had to have filed your claim or settled your lawsuit by the anniversary of the accident or the rollover.
How quickly should I contact an attorney in a Nevada vehicle rollover case?
If you’re injured in a rollover case here in Nevada, I would recommend you contact an attorney right away. There are a lot of things that can happen early on in the case that can affect the outcome, so talk to a qualified attorney, one who knows the law and who’s going to be able to represent you so that he or she can walk you through the case and you don’t take any wrong turns.
I think a defective vehicle caused my injuries. What should I do?
If you think a defective vehicle or defective product caused your injuries, I would highly recommend you contact a qualified attorney. That attorney is going to have to hire experts to evaluate that product and see if the product itself caused the accident and injuries. Don’t wait – do that immediately – because if there’s any change in that product or in the car or vehicle, that could change the entire outcome of the entire case. So, contact an attorney who can get an expert to evaluate the product right away.
What is causation?
When an insurance company or an attorney talks about causation in a car crash or some type of accident, what they’re evaluating is what made the accident happen. Was it the way a person drove the vehicle? Was it product malfunction? Was it a tire blowout? What made that accident happen? That’s what somebody’s looking at when they’re evaluating causation.
What kinds of damages are available in a Nevada vehicle rollover case?
When you’re injured in a rollover case in Nevada, you’re entitled to recover your medical bills, your lost wages, your pain and suffering. Bottom line, you are entitled to recover from any injuries or damages you suffered as a result of your rollover.
What must I prove in order to win my Nevada vehicle rollover case?
If you want to win a case here in Nevada, you (the plaintiff) have the burden of proving that somebody else was at fault for causing the accident or the rollover. The plaintiff must prove that it’s the car’s fault, the tire’s fault or some from some other cause.
Who can sue in a Nevada vehicle rollover case?
If you’re involved in a rollover case here in Nevada, the people who can sure are those who were are injured.
Besides the car manufacturer, who else may be liable for a defective product?
In evaluating a case where it involves a defective product, not only can it be the people who manufactured the product, but it can also involve the people or companies who introduced it into what is called “the stream of commerce,” meaning whoever sold you that product (the car dealership or whatever the product might be) could also be held liable for the defective product.
Are punitive damages ever available in Nevada truck accident cases?
In Nevada, punitive damage is a very specialized issue when it comes to compensation. So the answer to the question is: Yes, you can get punitive damages, but I would recommend you seek counsel from a qualified attorney who can answer those questions and steer you through that process.
Are there special rules that apply to commercial trucks in Nevada?
In Nevada, there are special rules that apply to truck cases. Mainly, they apply to the trucks and the truck driving. There are certain rules regarding how long a truck driver can be driving without a break, without a sleep break, without extended breaks, how much weight they can haul, etc. So when you get into an accident involving a truck, it’s really important that you talk to a qualified lawyer who can help steer you through that process.
Can I be found to have been partially at fault for my injuries caused by a Nevada truck accident?
Here in Nevada we have comparative negligence, meaning that both drivers are evaluated to see who’s at fault at causing any car accident or crash. In a truck accident, the person in a car can be held partially at fault. As long as you’re less than 50% at fault, it’s going to be the truck driver and the driver’s company who are responsible for compensating you.
Can I sue the truck driver’s trucking company for my injuries?
If you’re involved in an accident involving a truck, yes you can sue the trucking company as well as the driver for any injuries and damages you’ve suffered.
How long do I have to file a Nevada truck accident case?
Here in Nevada, the statute of limitations is two years and that applies to truck accidents. On the two-year anniversary of your accident you must have either settled your case or filed a lawsuit to preserve your rights.
I haven’t been able to work since my car was hit by a truck in Nevada. Can I get compensation for my loss of pay?
Yes, in Nevada you can get compensation for your lost wages. What you need to do is document the days and hours that you’re unable to work and also the documentation from your physician stating that you are unable to work as a result of the injuries from your crash.
Is there a limit on how much money I can recover in my Nevada truck accident case?
There’s actually no limit as to what you can recover. There are policy limits, meaning how much insurance is available through the trucking company and/or their driver. But the amount of money recovered will actually be determined by how injured you are as a result of the accident.
Who can sue in a Nevada truck accident injury or death case?
In Nevada, in any accident involving a truck, the people who can sue and recover are those who were injured as a result of the accident.
I’ve heard that it’s dangerous to drive in a truck’s No-Zone. What does that mean?
The No-Zone area in a truck is just like the blind spot in your car. The No-Zone for a truck means that they can’t see you so they’re going to operate they’re truck as if nobody is there. If you think you’re in that No-Zone area, move forward or \ back so that they can see you and they know you’re there.
Can I be found to have been partially at fault for my injuries caused by a tire failure in Nevada?
You can be held partially at fault for your tire failure and for the injuries you’ve suffered if you don’t properly maintain the air pressure and otherwise maintain the tire the way it’s supposed to be maintained.
Can I sue the manufacturer of the car for my tire failure injuries?
Generally, the manufacturer of the car itself is not going to be responsible for the tire failure. Rather the tire failure is going to be a result of the manufacturer of that tire versus the car manufacturer.
How long do I have to file a Nevada lawsuit for injuries caused by tire failure?
In Nevada, there is a two-year statute of limitations. That means is you must either settle your case or file a lawsuit by the two-year anniversary of the accident.
What if I was injured in a Nevada accident caused by tire failure, but I failed to properly maintain the tires?
The person making the claim for injuries or damages is the person who has the burden to show what caused those injuries or damages. If you fail to maintain the tires properly, it’s going to be very difficult to show that the defect in the tires actually caused the accident. You’d have to hire an engineer – and it can be done – but the burden is on the injured party to prove tire failure through experts.
What is a tire defect?
A tire defect is something wrong with the tire. In general, when I say wrong, it means something occurred during the manufacturing process. The bottom line is the defect resulted in the malfunctioning of the tire, which caused the injury or death.
What is a tread separation?
Tread separation is when the tread (the tread is the part that hits the road) separates from the body or the bulk of the tires. When the tread comes off of the tire it can cause an accident either in that car or in cars behind, potentially resulting in injury or death, in which case a suit is a possibility.
What kinds of damages are available in a Nevada tire failure case?
In a Nevada tire failure case, the damages you can collect are your medical bills, your pain and suffering, lost wages, and compensation for how this event affected your life.
Who can sue in a Nevada tire failure case?
In a Nevada tire failure case, the individuals who have the right to sue are those injured from the tire failure.
What must I prove in order to win my Nevada tire failure case?
In Nevada the plaintiff or the injured party has the burden to prove their case. That means you have to prove that the tire failure caused the accident and the injuries that you suffered.
Are there alternatives to going to court in a Nevada pedestrian accident case?
The alternatives to filing a lawsuit here in Nevada include arbitration and mediation. Most cases settle without filing a lawsuit. But even if you do you can request arbitration or mediation to resolve it.
As a pedestrian, what duty is placed upon me to avoid accidents in Nevada?
In Nevada, you’re responsible as a pedestrian to look out for oncoming traffic. You need to use the crosswalks. If you’re crossing the street and you’re not in a crosswalk, they’re going to allege that you are partially if not mostly responsible for that accident because you’re not in a crosswalk. When crossing, cross in the crosswalk and keep an eye out for oncoming traffic.
How do I pay my medical bills and get treatment following a Nevada pedestrian accident if I do not have medical insurance?
The unfortunate reality is you’re entitled to your medical bills until and unless your case settles. What I recommend is you work out a financial arrangement with the hospital or the medical providers. Make minimum payments, do whatever you can to keep up on the payments, but ultimately it’s the patient’s or your responsibility to take care of those bills.
How long will my Nevada pedestrian accident case take?
If you’re a pedestrian and you’re injured by a car running into you, generally your case will settle. But there’s a statute of limitations, which means that you must file against the party who hit you or the party at fault within two years of the date of the accident or injury. Once you file a lawsuit, you have up to five years maximum. Generally, cases settle without filing a lawsuit; and most often after you file a lawsuit they will settle even before you go to trial. The worst-case scenario would be seven years, but you have to file a lawsuit within two years or you’ll lose all your rights.
How soon do I need to bring a case after a pedestrian accident in Nevada?
To bring a civil lawsuit, which is what a pedestrian case would be, you have two years from the date of the injury to file a lawsuit. If you haven’t filed a lawsuit or settled your case within that two-year anniversary, you lose your right to sue.
I was jaywalking and was hit by a car. The driver saw me and could have avoided me – can I still sue?
In Nevada, it’s unlikely if you’re jaywalking that you’re going to be able to recover damages. If you’re not in a crosswalk, it’s assumed that you’re looking out for the cars and that you’re going to take the safest route. By jaywalking, you can be held more than 51% responsible for causing that accident and you won’t be able to recover.
If I am a pedestrian, does a motor vehicle driver owe any special duty or care toward me under Nevada law?
If you’re a pedestrian here in Nevada and you’re crossing a street in a crosswalk, the vehicle has the duty to look out for you. They have to come to a stop, even if you’re standing on a sidewalk not yet in the crosswalk. The cars are obligated to stop and let you cross safely.
Is it ever illegal to walk across a street in Nevada?
In Nevada, you’re supposed to use crosswalks. If you’re crossing the street and you’re not in a crosswalk you are jaywalking, which is illegal. I would advise you strongly to always use a crosswalk when you’re crossing the street, otherwise you could be held responsible for causing the car crash.
What duty do I have to avoid accidents as a pedestrian in Nevada?
As a pedestrian here in Nevada, you’re supposed to cross the street using a crosswalk. Walk to the nearest crosswalk and then cross. If you don’t use the crosswalks, then you could be held responsible for being hit by a car.
What is comparative negligence in a Nevada pedestrian accident case?
In Nevada, comparative negligence is the percentage of fault or responsibility for causing the accident. In a pedestrian case, if they find that you are 50% or more responsible for causing the car crash or being impacted by the car, then won’t be able to recover. You need to be less than 50% responsible. Bottom line: Use a crosswalk.
What is considered a pedestrian accident in Nevada?
The most common pedestrian accident is when a person is crossing the street or walking in a parking lot and a car hits him or her.
What types of damages are available in a Nevada pedestrian accident case?
If you’re a pedestrian and you get hit, you’re entitled to recover whatever injuries and damages you’ve suffered as a result of that crash. This includes medical bills, pain and suffering, lost wages… losses you suffered as a result.
Who can sue in a Nevada pedestrian accident case?
In a Nevada pedestrian case, the party who can sue is the one that’s injured. It’s going to be the pedestrian and perhaps the family of the pedestrian if it’s a severe enough injury that the person dies.
Who has the right of way on sidewalks in Nevada? Bikes or people?
In Nevada bicycles are actually supposed to be on the road, not on the sidewalk. A pedestrian or walker would have the right of way on the sidewalk. Bicycles are supposed to follow normal traffic patterns and traffic laws on the road.
A door-to-door salesperson tripped on our front steps, injuring himself. Can he hold me responsible?
Arguably the answer is yes, but every case is different. That’s why you need to consult a qualified attorney to help you evaluate the issue. If there’s a defect in your stairs that you didn’t fix and that’s what caused him to fall, then you’re probably liable. If he fell but should’ve observed the problem because it was open and obvious, then probably not. But, I can’t give you an absolute answer to that without hearing the specifics related to your issue.
Are punitive damages available in a Nevada motorcycle accident cases?
Punitive damages can be available in most cases, but only in very particular and certain circumstances. That’s why it’s very important to get a qualified attorney to help you with your case.
Are there alternatives to going to court in a Nevada motorcycle accident case?
In Nevada you can always try to settle any case without filing a lawsuit, but ultimately it is the jury that’s going to decide a case if you’re not able to settle. You can try arbitration and mediation, but if those don’t work you are going to go to trial.
Can a failure to wear a helmet reduce the claim for damages sustained by an injured motorcycle rider in Nevada?
If someone is not wearing a helmet and suffers head injuries while riding a motorcycle and is involved in an accident with a car, then he or she is going to be considered partially responsible for causing those head injuries for failing to wear a helmet. The law dictates that riders are supposed to wear helmets.
Do I need a lawyer if I was offered a settlement by the at-fault driver’s insurance company after a motorcycle accident?
You never have to have a lawyer if you’re involved in a crash, but I highly recommend that you get a qualified attorney to help you evaluate your case to make sure you’re getting everything you’re entitled to. There are many types of damages that you might not even know you’re entitled to get. The insurance company’s job is to make sure they’re paying you as little money as possible. You’re attorney’s job is to make sure that you are fully compensated for every type of damage you’ve suffered.
Do I need a motorcycle accident attorney even if my injuries are not serious?
If you’re injured in a motorcycle accident you should get an attorney who works in the motorcycle area, because it’s going to be hard to recover from the at-fault party, unless you can prove the other party is responsible for your injuries and the accident.
How do insurance companies determine the value of my injuries in a motorcycle accident?
Insurance companies generally train their adjusters to look at your medical bills, the type of injuries you’ve suffered, and the length of treatment you went through as a result of your injuries. Some insurance companies even have computer programs that compile this information and produce the value of your case. That’s why you need to hire a qualified, experienced attorney to represent you so that he or she can argue the value of your case properly, not based on a computer program but based on you as an individual.
How long do I have after my Nevada motorcycle accident to file my motorcycle injury case?
The length of time you have to file a case is called the statute of limitations. In Nevada, you have two years from the date of the car crash or motorcycle accident to file your case, or else you lose your right.
If I get into an accident on my motorcycle, should I hire an attorney to help me?
I highly recommend hiring an attorney if you’re involved in a motorcycle crash. The cases are intricate and I want to make sure you get fully compensated for every damage you’ve suffered and everything you’ve gone through as a result of that car crash. An attorney can help you through that processes.
Is motorcycle accident law in Nevada the same as car accident law?
In order to make a claim for a motorcycle accident, you have to show the same facts that you do for a regular car crash. Such as the one party proving that the other party was at fault and that they did something wrong to cause the car crash and you sustained injuries. You have to prove those same elements in a car accident as you do in a motorcycle accident.
Is there a difference between uninsured motorist coverage and underinsured motorist coverage?
Uninsured motorist coverage covers you. It’s part of the insurance package that you have an option to purchase, and it’s there to pay you and your passengers for injuries suffered in any kind of crash. It’s available when the other party that caused the accident doesn’t have insurance. Underinsured motorist coverage is also an optional insurance you can buy and it will compensate you for injuries or damages in excess of that at fault party’s insurance.
Should I notify my insurance company about my Nevada motorcycle accident?
If you’re involved in an accident involving a motorcycle and a car, you should notify your insurance company.
What does comparative negligence mean when determining who is liable for a Nevada traffic accident?
When reviewing a traffic accident, comparative negligence compares who’s at more and less at fault. In Nevada, you must be 50% or less responsible for causing the accident. If you’re 50% or more responsible, you won’t receive recovery.
What insurance is a motorcyclist required to have in Nevada?
In Nevada, all vehicles –including motorcycles – are required to carry liability insurance (at least $15,000 and $30,000 coverage).
Must I tell the police if I am involved in a Nevada motorcycle accident?
If you’re involved in a motorcycle accident, you do not have to tell the police.
What types of damages are available in a Nevada motorcycle accident lawsuit?
If you’re involved in a motorcycle accident, you’re entitled to cover your medical bills, pain and suffering, loss wages, and any other injuries or damages that you have suffered as a result of that crash.
What should I do immediately following a Nevada motorcycle accident?
Immediately following a motorcycle accident, you should call the police so they can investigate. Go to the doctor if you’ve suffered injuries. Report it to both your insurance company and the other party’s insurance company. Then contact a qualified attorney who can help you with your case.
What should I look for in hiring an attorney to represent me in my Nevada motorcycle accident case?
You need to do is find an attorney who has the experience and knowledge to get you everything that you deserve. Interview them. You don’t have to hire the first attorney that you talk to, but you need to know they have the skills and ability to get you what you’re entitled to.
Will it cost me any money to bring a Nevada motorcycle accident case?
When you file any lawsuit here in Nevada, there are costs associated with that. If you’re in a motorcycle crash and you want to file a lawsuit, there are filing fees with the court. Also, there are service costs (that means serving the other party with a copy of the complaint and summons), depositions costs, and so on. If you hire an attorney generally they pay for those things up front and are reimbursed for out of pocket costs paid from any settlement or judgment at the end of your case. There are costs associated with it. If you do it on your own, yes you have to pay those first. If you hire an attorney, generally they pay that out of their pockets and they get reimbursed at the end of your case.
Will I have to pay back my health insurance provider if I recover damages in a Nevada motorcycle accident case?
If the health insurance provider pays your medicals bills during your treatment, following your motorcycle crash, you do have to reimburse they’re out of pocket expenses.
Can my insurance company raise my premium due to an accident or traffic ticket?
In Nevada, your insurance company can raise your rate if you cause an accident and if you get traffic tickets.
How is the deductible for comprehensive or collision coverage applied in Nevada?
In Nevada, if you cause an accident and you want to get your car fixed or fix the property damage that has been caused by the accident, you’re responsible for paying that deductible.
If I am sued in a car accident injury case in Nevada, will my insurance company defend me in court?
In Nevada, one of the benefits you have when you buy car insurance is that they are responsible for defending you if you are sued because you’ve caused an accident.
If I own a car, do I have to buy automobile insurance in Nevada?
Yes, it’s mandatory – it’s the law – that every car be insured at least for $15,000 and $30,000 total for liability coverage.
My friend caused an accident while driving my car. Who’s insurance company pays for the damages in Nevada?
In Nevada, if somebody is driving your car arguably both insurance companies could end up paying for damages. The driver’s insurance will be primary, the car insurance will be secondary depending on how extensive the injuries resulting from the accident are, and how much coverage there is on each policy.
What am I required to do when I have an auto insurance claim in Nevada?
If you have an auto insurance claim in Nevada you need to report the claim to your insurance company and then to cooperate with them. And that means tell them how the accident happened, what caused the accident, and answer any questions that they might have. If you don’t do those things then your insurance company will likely pull coverage and not cover you.
What can I do when an insurance company refuses to pay an insurance claim in Nevada?
In Nevada if your insurance company refuses to pay a claim I would highly recommend you contact an attorney and also contact the insurance company. You can file a complaint with the insurance committee.
Who does an auto insurance policy cover in Nevada?
In Nevada, when you file liability insurance that insurance covers everybody else. If you cause an accident it covers the people you injure or you damage. If you buy collision coverage, it covers the other party as well as yourself and the other people in the car.
When can an insurance company not renew my auto insurance policy in Nevada?
In Nevada, sometimes if you have numerous tickets, numerous moving violations, and many car accidents, your insurance company will cancel your policy. You’ll need to shop around and find an insurer that will cover you, because you must have insurance under Nevada law.
Who has to pay jury awarded damages in Nevada in excess of their insurance policy limits?
In Nevada, if the case goes all the way to trial and the jury awards more money than the insurance policy limits, it is the person who caused the accident that is ultimately responsible for paying the excess.
Who pays for a crash with injuries in Nevada when neither the owner nor operator of the at-fault car carried coverage?
In Nevada, if neither the owner of the car or the driver has insurance, it’s will be the injured party that’s going to be responsible for the bills. They’ll have to turn to their group health insurance or their own underinsured or uninsured motorist coverage. That’s why it’s so important that everyone carry uninsured or underinsured motorist coverage to cover themselves and the people in the car.
Does an insurance company have to pay for a rental car when repairs are being made to my vehicle?
Yes. If you’re in a car crash in Nevada and the other party is at fault for causing the accident, his or her insurance company is responsible for paying for your rental vehicle while your car is being repaired.
Are punitive damages available in a Nevada auto accident case?
If you’re in a car accident here in Nevada, sometimes you can get punitive damages. But that’s a very special type of damage award, so it’s important that you consult with a qualified attorney who can help you with that matter.
Can a passenger recover damages in Nevada for accident injuries caused by a driver of the same car?
In Nevada, if you’re a passenger, you can recover damages from the driver of the car you were riding in.
Can I be found to have been partially at fault for my injuries caused by a Nevada car accident?
Here in Nevada, we have something called comparative fault. Your recovery in a car crash can be reduced by the proportion or percentage of how at-fault you are. You have to be 50% or less at fault. If you’re more than 51% at fault, then you’re not going to make a recovery from the other party at all.
Does Nevada cap non-economic damages like pain and suffering for a person injured in a car accident?
Non-economic damages, such as pain and suffering, are not capped here in Nevada.
I loaned my car to a friend who was involved in a Nevada car accident. Am I liable if my friend was at fault?
If you loan your car to another person and they cause a car accident your insurance can be responsible and you personally can be responsible for whatever damages that car crash caused.
My insurance company says they are reserving their rights. What does that mean?
When an insurance company reserves their rights, it means that they’re investigating a claim. They’re not exactly sure who was responsible. They are reserving their rights to investigate and file a determination on the case.
What are comparative negligence, proximate cause, and intervening causes?
In a car accident case you have to establish a number of important things and one important thing is what caused the accident. In Nevada, to make a recovery from the other party’s insurance company, you have to show that you are less than 50% responsible for that accident, that’s comparative.
Proximate cause means whatever injuries or ailments you have are approximately caused by or were due to the car crash.
Intervening causes are the result of incidences that can happen after the car crash. For an extreme example, you suffer injuries as a result of a car crash, and then two weeks later a meteor falls out of the sky and hits you. Whatever resulting problems you have from the meteor are not the responsibility of the car crash. Only that two-week period following the crash is responsibility of the party at fault.
What are subrogation rights?
In a car crash sometimes you’ll rely upon your insurance company even if you did not cause the accident to pay for your property damage or other damages. But if the actual car crash is caused by another party and you use your insurance first, your insurance can get that money back from the at fault party. They can subrogate, meaning get their money back from the at fault party.
What documents or evidence should I bring with me the first time I meet my attorney following my Nevada car accident?
If you’re in a car crash in Nevada, I would highly recommend that you bring everything you have that is a result of the accident: medical bills, medical reports, the police report if you have it, your insurance information, the other party’s insurance information.
What evidence of injury is necessary to recover damages in a Nevada auto accident case?
If you’re injured in a car accident, the insurance company and the jury are going to assume that you’re going to go to a doctor. Medical records are very important to substantiate that you were injured in a car crash. Go to a doctor, get the treatment you need, and then you can talk about settlement with an attorney through your insurance company.
What information should I obtain after a car accident?
After you’ve been involved in a car accident, you should talk to the other driver, exchange driver’s license information and insurance information. It’s imperative that you get all the information from both of those documents, including the insurance company name, the policy number, and the name of the driver, the address and the phone number of the driver. Plus, you should get the other car’s license plate. All that information helps establish identification and the ability to contact the proper insurance company and other party.
What is a permanent injury?
A permanent injury is an injury that leaves you with a problem or a disability that’s will remain with you forever. In a car crash, if somebody causes that ailment or disability, they’re ultimately responsible for that permanent injury or disability.
What is collision coverage?
Collision coverage is part of the insurance coverage that you can purchase from your insurance agent. It covers you and your passengers in your car if you’re involved in a car crash.
What is liability insurance?
Liability insurance is mandatory for everyone in the state of Nevada. It covers the damages and injuries that you’ve caused to somebody else if you’ve been in a car crash and you’re the negligent party.
What is negligence?
Negligence basically says you’re at fault, and that you caused a car crash. Whether it’s inadvertent, a lack of attention or you’re texting while driving, you are responsible if you cause a crash.
What kinds of damages are available in a Nevada auto accident case?
When you’re injured in a car crash there are all different kinds of damages that you can recover. You can recover your medical bills, your pain and suffering, you can recover your lost wages.
There are a variety of ways that you can be compensated for your suffering as a result of a car crash. That’s why it’s important that you talk to a qualified attorney who can advise you on what you’re entitled to recover.
What must I prove in order to win my Nevada auto accident case?
In Nevada, what you have to show is that the other party is at fault for causing the accident, and you have to show the extent of your injuries and damages.
Who can recover damages in a Nevada auto accident case?
In order to recover damages in an auto crash, you have to show that:
- You were not at fault, and
- You suffered injuries or damages as a result of the car crash.
Will my insurance company defend me in court if I am sued following a Nevada car accident?
In Nevada, one of the benefits of having car insurance is that they will defend you if you are responsible for causing the car crash.
Can I still recover compensation if the Nevada car accident was my fault?
If you’re in a car crash and you’re the party that’s found to be at fault, you cannot be covered in damages.
How are damages determined for serious physical injuries or death in an 18-wheeler or semi-truck accident?
In an 18-wheeler or semi-truck accident, the types of injuries, the type of treatment, the length of treatment, and how it affected the injured person’s life, determine damages.
How are traffic accidents involving 18-wheeler and semi-trucks different from accidents involving passenger cars in Nevada?
In Nevada, we all have to follow the rules of the road (the laws that apply to vehicles). But when there’s a car crash that involves an 18-wheeler or a semi-truck, the attorney that’s helping you with your case has to look at certain things: Was the truck that was involved compliant with the rules of the road? Was it hauling appropriate loads? Was the driver driving within the specific times allowed? There are many factors that have to be evaluated in a crash that involves an 18-wheeler or semi-truck.
How much time do I have after an 18-wheeler or semi-truck accident to file a lawsuit in Nevada?
In Nevada, there is a two-year limit if you want to file a lawsuit against an 18-wheeler or a semi-truck. Don’t wait – things get lost, evidence can be lost or destroyed. Contact a lawyer right away so that all of the evidence that you need to pursue your case is preserved. But know that you have up to two years to file a lawsuit if you need that.
What is considered a commercial truck?
In Nevada, a commercial truck can be a wide variety of things. It can be any truck that’s used for commercial or business purposes. It could be anything from a flatbed all the way up to an 18-wheeler or semi-truck.
What is the purpose of the accident claims adjuster at the scene of an 18-wheeler or semi-truck accident?
Oftentimes when there’s an accident involving an 18-wheeler or a semi-truck, a claims adjuster will arrive and inspect what happened. Their job is to evaluate how the accident happened. They’ll look at skid marks, talk to witnesses, and review damages to both vehicles in order to evaluate what caused the accident, the extent of the damages and who may be at fault.
Who can be sued in an 18-wheeler or semi-truck case in Nevada?
In a car crash involving an 18-wheeler or semi-truck, the individuals or entities that can be sued are either the driver, the trucking company, perhaps the maintenance company that maintained the truck if there’s equipment failure… in essence anyone and any entity that might be responsible for causing the accident.
Primarily the driver and the trucking company are the most likely place to start. It’s important that you consult with an attorney who can advise you.
Who can sue in an 18-wheeler or semi-truck injury or death case in Nevada?
In Nevada, vehicle crashes involving 18-wheelers and semi-trucks are often very serious. The people who can sue as a result are those who have suffered injuries. Whether you were in the car, you were a passenger, you were a driver, all of those people can sue either the trucking company or the driver or any entity that is responsible for causing the accident.
Who should be held accountable in Nevada for 18-wheeler or semi-truck accidents involving equipment failure?
When there’s equipment failure with an 18-wheeler or a semi-truck, there are a lot of entities that can be held accountable. Everyone from the trucking company, the driver (because the driver has the duty to inspect the vehicle), as well as the manufacturer and/or the maintenance or repair company. There are a lot of individual elements that need to be evaluated in determining what caused the accident and what caused the failure.