Car Accident: Should I Get a Lawyer
If I Am Not At Fault?
Las Vegas, Nevada
Car accident compensation
If you get seriously injured in a car accident, call us at 702-432-1000 with any questions. Since 2010, we have been helping clients get fair and full injury compensation to pay their medical bills and other damages.
We don't charge for consultations.
We represent clients in Las Vegas and Nevada.
Non-fault car accident cases
A car accident where you are not at fault refers to a situation in which another party's actions or negligence caused the collision.
Examples where you may not be at fault in a car accident include:
- Rear-end collisions,
- T-bone accidents,
- Head-on collisions,
- Sideswipes,
- Parking lot accidents.
Many clients ask, "Should I get a lawyer if my car accident is not my fault?"
There is no simple answer because it depends on many details of how the car accident happened and who was involved.
Insurance companies pay thousands of liability claims monthly without a lawyer's assistance.
Most of the time, if only the car were damaged, but nobody (e.g., driver, passenger, pedestrians) was injured, you file a liability claim directly with the at-fault driver's insurance company and get reimbursed for the property damages.
Quiz: Do I need a lawyer after the car accident?
Consider these questions:
• Did the driver, passengers, or pedestrians get injured in an accident and have high medical bills?
• Did an injured person or multiple people end up in a hospital?
• Did anyone injured in a car accident miss work, lose the ability to work, or have to change profession as a result of an accident to make a living?
• Did the victim experience PTSD from the accident and emotional distress that affected their ability to perform their work duties?
If you answered "yes" to at least one of these questions, you must hire an attorney to protect your rights.
19 situations requiring a lawyer
In addition, there are 19 scenarios in which hiring an attorney is highly advisable, even if the car accident was not your fault.
1. Numerous at-fault parties exist. When multiple parties are at fault, the victim can seek compensation from ALL liable parties, such as employers (if the accident involved a commercial vehicle), vehicle manufacturers (in cases of defective products), or property owners (if the accident occurred on their premises).
2. Numerous victims exist. If the accident involves multiple injured parties, liability issues can become complex. Every victim may have different medical expenses; some may require long-term rehabilitation. It is not unusual for each victim to hire a separate lawyer to get fair compensation.
3. Pre-existing medical condition. Pre-existing injuries may lead to a smaller settlement, and may take longer to settle a compensation claim. However, you are still entitled to compensation. Without an attorney, you would have a hard time proving that the car accident worsened your previous injuries.
4. Re-opening an injury claim. In Nevada, there are specific rules regarding when and how you can re-open an old injury claim if you accept a settlement without the aid of an attorney. You can only re-open an old claim if, this time, you hire an attorney.
5. Dispute over settlement. If there is a dispute over the settlement amount and the involved parties are unwilling to cooperate, the attorney can help negotiate a full and fair settlement.
6. Exceeding insurance maximum. Insurance companies are typically only obligated to pay up to the policy limit. If the victim's medical bills exceed the policy limit, the attorney can mediate with the insurance or bring them to court.
7. Partial fault: Under Nevada law, the plaintiff could collect compensation from all at-fault parties if the plaintiff was less than 51% responsible for the accident. Calculating the percentage could be very challenging without the help of an attorney.
8. App-based business involved. The legal process could be complicated when the at-fault driver works for an app-based business (Uber, Lyft, etc.). You need to hire an attorney with experience filing a liability injury claim against an app-based business.
9. Uninsured/underinsured drivers: If the at-fault party is uninsured or underinsured, or if you are involved in a hit-and-run accident, an attorney can explore alternative avenues for compensation, like uninsured/underinsured motorist coverage.
10. Out-of-towners get injured. If you're injured in a car accident in Las Vegas or Nevada but reside in another state, you must hire a local attorney to navigate the legal process.
11. Airbag claims. Car accidents involving defective airbags fall into the product liability category, often involving multiple parties and many specific rules.
12. Defective tire claims. You need legal representation to sue a tire manufacturer for the harm they have suffered due to faulty products.
13. Seatbag failure claims. You need an attorney to file a lawsuit against a manufacturer of a seatbag that caused an injury.
14. Brake failures. Lawsuits may arise from brake systems that fail to operate correctly, leading to accidents and injuries.
15. Suing an auto mechanic. Legal representation is necessary when seeking compensation for negligence or faulty repairs by auto mechanics.
16. Foreign nationals injured in the US. When you are a foreigner who got seriously injured in a car accident in the US, you almost always need to hire a local attorney to represent you.
17. Wrongful death: If a car accident results in the tragic loss of a loved one, hiring an attorney can help surviving family members pursue a wrongful death claim to seek justice and compensation for their loss.
18. Government entities involved: Special rules and procedures may apply when a government vehicle (e.g., a city bus or a municipality-owned vehicle) is involved. In cases like this, a victim needs an attorney experienced in handling claims against the government.
19. Complex legal issues: If involved parties dispute who is at fault (also called a disputed liability) in a car accident or unique circumstances exist, an attorney's expertise can help navigate these complexities and negotiate a fair settlement.
We can help
If you suffered a severe injury in a car accident or lost a family member in a car accident, call us at 702-432-1000 for a free consultation.
We take all injury lawsuits on a contingency basis, which means - you pay us only when we win your case.
We represent clients in Las Vegas and Nevada.
We also represent tourists who get in a car accident while visiting Las Vegas or Nevada.
Last updated on March 19, 2024.
