Monday, February 22, 2010

Car Accidents: Lawsuits

If the insurance company will not give a reasonable settlement offer to your Las Vegas personal injury lawyer, then your lawyer will file a lawsuit against the person you caused your injury. In Las Vegas, Nevada, there are two paths that your lawsuit can take. The first potential path is for larger cases, where if the insurance company is being unreasonable with your Las Vegas car accident lawyer, your lawyer will take your case to the jury.

The other potential path is reserved for small to medium sized cases. In the second potential path, your case will be put into Nevada’s non-binding Arbitration program. In the Arbitration program, an Arbitrator, essentially a private judge, will oversee your case. Once an Arbitrator is appointed, your Las Vegas accident lawyer will meet with the attorney hired by the insurance company and devise a discovery plan (i.e. let the other side discover what your case is about, the treatment you received and your injuries). An Arbitration Hearing date will also be selected, which will be sometime within 6 months after the Arbitrator came into your case. An Arbitration Hearing is an informal hearing on the matter, in the Arbitrator’s conference room, where you get to tell the Arbitrator what happen in the Las Vegas accident and how it affected you. Thereafter, the Arbitrator will render a non-binding decision on your case. If either party is dissatisfied with the Arbitrator’s decision, they can have a jury trial on the issues (putting you back on path No. 1). However, after having an opportunity to review your case in full the insurance company’s lawyer may issue a settlement offer to potentially resolve your case, prior to the arbitration hearing going forward.

Wednesday, February 17, 2010

Car Accidents: Recorded Statement

As part of the settlement process with the insurance company, they may request that your recorded statement be taken. Do not worry, your Las Vegas accident attorney will be with you every step of the way and explain everything to you. The recorded statement will usually be taken in your accident lawyers’ office, with your accident lawyer present. A day or so before your recorded statement is set to take place, your accident lawyer will go over the potential questions which may be asked during the recorded statement session. A recorded statement is simply your account of what happened in the accident. A representative from the insurance company will ask you questions related to your Las Vegas car accident. As such, you may likely be asked to tell your story of how the Las Vegas auto accident took place, what damages to your car were present, what injuries you sustained and what treatment you received. A booklet containing all of the questions asked, together with your answers will be prepared by the insurance company and forwarded to your accident lawyer. At that time, you may review the questions and your answers.

Thursday, February 11, 2010

Car Accident: Settlement Negotiations

The settlement process is probably one of the most exciting, yet potentially frustrating times in your case. What may help, is to remember that the insurance company is looking out for their best interest, not yours. That is why you decided to hire a Las Vegas accident lawyer, to aggressively represent your interests and who would put your own interests first. What usually happens is that the insurance company may offer to settle your case for an amount so low, that you are insulted. Typically, the first offer the insurance company gives to your Las Vegas car accident lawyer is so low, it does not ever cover the costs of your medical bills. Do not worry though, your Las Vegas car accident attorney has participated in hundreds of settlements and will fight to get you the maximum amount that your case is worth. Your accident lawyer in Las Vegas will issue a reasonable counteroffer to the insurance company’s initial offer and will not settle your case until a reasonable offer from the insurance company is received.

Monday, February 1, 2010

Car Accident: Settlement

One of the major purposes of this blog is to answer your questions concerning your personal injury case. A very common question your Las Vegas accident lawyer gets is how long will it take to settle my case? The answer to that question, depends in large part to how long it takes you get better. Generally speaking, if the insurance company accepts the claim and is reasonable, you case can settle within a few months of you stopping treatment. However, many times, the insurance company denies the claim or is being unreasonable. That is why you hired an accident lawyer in the first place, to be your advocate. If the insurance company does not offer a reasonable settlement, in a timely manner, your Las Vegas auto accident attorney will be aggressive and file a lawsuit against the person who caused your injuries. A lawsuit typically lasts between 9 months and 2 years. Of course, the more injuries you have sustained, generally the longer it takes to fully resolve your case. Rest assured that your Las Vegas car accident attorney will fight so you receive the maximum settlement possible. Additionally, you Las Vegas injury lawyer will go to trial for you.