Las Vegas Accident Lawyers
FREQUENTLY ASKED QUESTIONS
If you have been injured because of some else’s negligence, you should strongly consider retaining a personal injury attorney.
At Hicks & Brasier, we provide free case consultations to injured people and their families. We can explain your rights and help you recover the compensation you deserve.
And, if we aren’t able to help for some reason, we can often help you find another attorney who will be able to represent you. Getting the help you need is our primary concern.
You should consult a personal injury attorney as soon as possible after an accident. As soon as an insurance company learns of an accident, they begin to look out for themselves – not you.
For example, the insurance company will call you shortly after your accident to request a statement (usually recorded). So soon after an accident, you may still be feeling the adrenaline or shock of what happened — and you may not know the full extent of your injuries. Insurance companies know this and will likely use this statement against you at a later date.
The insurance company will also request that you sign authorizations so they may obtain information about your medical history and other accidents you may have experienced. An attorney can guide you through the process so that the insurance company only receives the information it is entitled to get.
Finally, the sooner you hire an attorney, the sooner evidence can be preserved such as witness statements, scene photographs, and surveillance footage of the accident.
We have helped many individuals where most of the difficulties with their case could have been avoided if we had been retained immediately after the injury instead of months later.
At Hicks & Brasier, we work on a contingency fee basis. This means we only get paid if you receive a settlement. We do not charge a retainer to work on your case, and we advance the costs necessary to win.
Our fees are paid at the conclusion of a successful case, and consultations are always free.
We do not get paid unless we win your case!
Compensation will depend on the type of case and the injuries you suffered.
Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. Here are some damages you may be entitled to recover:
- Medical bills (doctor bills, hospital bills, surgery expenses, diagnostic charges, physical therapy, personal care nursing fees, prescription medicines, and others)
- Lost Wages
- Pain & Suffering
- Physical Disability
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Loss of Enjoyment
- Mental Disability
- Property Damage
Each case is unique and potential recovery has to be assessed on a case-by-case basis. Hicks & Brasier will provide you with a free consultation to discuss your damages.
Every case is different. Be very wary of a lawyer who gives you a dollar value for your case right away. They are likely making unrealistic promises to get you to hire them — or they may be trying to convince you to take a quick settlement that may be less than your case is actually worth.
It is impossible to know what kind of settlement to expect before investigating the extent of any injuries sustained, medical costs, lost wages, future expenses and pain and suffering.
This is why it is important that you hire a lawyer who will perform a thorough investigation and who will never advise you to accept a settlement for less than you truly deserve.
There are a number of factors that determine how much a case is worth including:
- Medical bills
- Future medical expenses
- Past and future lost wages
- Effect of the injuries on lifestyle, work, family, and other important aspects of life
- Percentage of fault on each party
- Characteristics of all of the parties involved
- Which insurance company represents the at-fault party
- Pain and suffering
One way to pay for medical care after an accident is by using your health insurance — just as you would for any other type of injury. The typical rules for co-pays and deductibles will still apply and you will need to pay any bills as they become due.
A second way to pay for care is through an “Attorney Lien.” This is usually the only option if you don’t have health insurance.
When paying for treatment using a lien, you can see any medical provider who will accept the lien and receive the treatment that you and the medical professional feel is appropriate — without having to worry if the provider is covered by your health insurance or without having to wait for health insurance approval for treatment. There are no co-pays or deductibles to worry about and there is no money out of your pocket during treatment. The medical providers are paid at the conclusion of the case out of the settlement. If you do not receive a settlement, however, you may still be liable for the outstanding bills.
Deciding whether to use health insurance or a lien to pay for medical care is a personal decision that differs depending upon the quality of your health insurance coverage (or lack thereof) and your own financial circumstances.
If you have Medical Payments coverage under your auto insurance policy, that may also be available to pay your medical bills. Our attorneys can help you determine if that coverage is available and will help you collect it.
Every state requires that all vehicles must have insurance. But, in our years of experience, many cars and trucks on the road are not carrying insurance.
If you purchased “Uninsured Motorist” (“UM”) coverage under your auto insurance policy, and are injured by another driver with no insurance, you are able to make a claim against your own insurance company to take care of your injuries.
Everyone should carry adequate UM coverage if they can afford it even though it is optional in most states.
Our attorneys can help you determine if you have UM coverage and will assist you in making a claim if you do.
If you are the victim of an accident and the other driver does not have enough insurance to cover your injuries, you may be able to file a claim against your insurance policy if you have “Underinsured Motorist” (“UIM”) coverage.
UIM coverage is optional in Nevada and we highly recommend you purchase it — as even routine visits to the Emergency Room after a crash can mean medical bills greater than the $25,000 minimum liability coverage that many drivers carry.
Hicks & Brasier can guide you through the insurance process and confirm that we have uncovered all sources of insurance to compensate you.
Call 311 or 911 to report the accident. If you were involved in a slip and fall at a business or someone else’s property, report the accident and make sure a report is created. It is important to get documentation of any accident as soon as possible.
Be sure to see if there are any witnesses to the injury and document the incident with photographs. Also make sure to get contact information for the responsible party, as well as any witnesses. This information will help should you later present a claim.
If you are in pain, go to a medical doctor, chiropractor, urgent care or hospital as soon as possible.
It is also important to open a claim with your auto insurance carrier and the other driver’s insurance carrier shortly after an auto accident. If you have been injured, seek the representation of an attorney before providing a statement to an insurance company to be sure your rights are protected.
Call us to discuss your claim. Hicks & Brasier does not ever charge for an initial consultation.
If you are injured because of a dangerous condition on someone’s property, you may have a personal injury claim. In general, landowners have a duty to warn of dangerous conditions on their property and to make their property safe. Most claims are based on whether a property owner took reasonable steps to maintain the safety of the premises. If it is demonstrated that they did not, they are likely to be liable for any accident that occurs as a result.
Just because you fell on someone else’s property, though, does not necessarily mean that they are responsible for your injuries. There are many factors that have to be considered and investigated. This is where the experienced attorneys at Hicks & Brasier can help. Many attorneys will not even take-on these types of “premises” cases, but at Hicks & Brasier we have handled hundreds of them with great success.
Potentially. Legally, the wrongdoer is liable to the extent that they caused a new injury or aggravated a pre-existing injury. This means they may not be liable for the entirety of your symptoms if a portion of your symptoms can be determined to stem from your previous injuries. Oftentimes, insurance companies will attempt to link previous injuries to current symptoms in order to reduce your recovery.
Hiring an attorney for your injury case is particularly important if you have long-standing medical conditions that the insurance company will use as an excuse not to play fair.
At the scene, you may not feel injured. In fact, many of our clients do not feel pain until a few days later.
Injured individuals often experience what they describe as “shock” or an “adrenaline rush” after a traumatic event, which temporarily masks their pain. See your primary care physician or go to the hospital for a complete examination and treatment as soon as possible.
Many negligence cases involve a “he-said/she-said” situation, where it is initially unclear exactly what happened. Experienced attorneys like us will form a plan of action for proving who caused the injury.
It is important to note that not every case is the result of just one person’s negligence. Often more than one person, sometimes including the injured party, is to blame for the resulting damage. In some cases, an accident victim may be able to recover a percentage of the damages that he or she sustains.
Call the Property Damage adjuster with the at-fault driver’s insurance company. Do not discuss anything with the adjuster except your Property Damage.
Most insurance companies have separate adjusters for the Property Damage claim and the Personal Injury claim.
If the adjuster does not have a copy of the Accident Report, fax or mail a copy to the adjuster. After the adjuster admits liability, make arrangements to have your car assessed.
If for some reason the adjuster does not admit liability, you will need to file a claim under your insurance policy’s Collision coverage. This may mean that you have to pay your deductible to get your car fixed more quickly and be reimbursed later after liability is determined.
Most insurance companies use a service that maintains vehicle values, like Kelley Blue Book or Edmunds. Establishing a value for your car is simply using one of the available formulas to compute the value of your car based upon the general condition of your car, its mileage, plus the options and equipment package on your car and other allowed factors.