After a car crash involving an injury, an auto accident attorney should be consulted within 24 hours of your involvement in a motor vehicle accident. At the time of the accident, the parties are understandably concerned with their physical well-being and the condition of their vehicles. However, once the adrenaline has subsided, an auto accident lawyer should be the first call you make.
With over 16,000 motor vehicle accidents taking place each day, understanding your rights and remedies are imperative to properly recovering from the trauma and shock that come with a car accident. Consulting with and retaining an experienced and professional attorney will ensure that you start on the road to recovery sooner rather than later.
Car accident lawsuits in Las Vegas are complicated undertakings. They require the steady hand of a skilled attorney who has the requisite experience to navigate the matter from the filing of the complaint through the time of trial.
At the time a car accident lawsuit is filed, the case is assigned a docket number, which is the number the court system utilizes to track the case. It is also assigned to a judge and a schedule of court appearances, so the exchange of information is established.
From that point forward, it is the role of the car accident lawyer in Las Vegas to present your case both to opposing counsel and the court before trial in an effort to establish that liability and damages are both in your favor, requiring a maximum settlement.
The reality of personal injury litigation is that insurance carriers will often “low ball, “an attorney in the hope the plaintiff will become frustrated and worn down with the process. It takes a significant amount of work by the attorney to make clear that the accident was the fault of the defendant and that the plaintiff has sustained severe and permanent personal injuries requiring substantial compensation.
During the time that the matter is being litigated, the attorney will engage in “discovery “with the attorneys for the defendant. This is the exchange of medical records, photographs, and all other relevant documents to the plaintiff’s case. The plaintiff’s testimony will also be taken at an examination before trial (EBT).
It is the role of the car accident attorney to prepare the plaintiff to have their testimony taken and to zealously advocate on behalf of the plaintiff in an effort to convince defense counsel that maximum settlement funds should be paid to the plaintiff for pain and suffering, lost wages and future medical treatment.
It is always in the best interests of the parties to attempt to settle the case before trial. Personal injury trials typically take 2-4 days or even longer, depending on their complexity. Testifying in a court of law before a jury and sitting through a lawsuit can be a very unnerving experience for a plaintiff who has never set foot in a courtroom before.
Therefore, if the insurance carrier for the defendant makes a reasonable settlement offer, it is best for the plaintiff to consider the same on balance with the potential length of time that the case will take to be tried and for a verdict to be reached.
However, if the insurance carrier for the defendant refuses to make a reasonable offer to compensate the plaintiff for their pain and suffering, lost wages, and future medical expenses, the attorney should file suit to show the defendant that the plaintiff is serious about taking the case to trial.
Filing suit will transfer the case to a higher level of authority in the insurance carriers’ office and will force defense counsel to be retained. The insurance carrier will then begin spending more money on the case, and it is likely they will be more willing to settle.
It is a difficult balance between settlement and trying a case for every personal injury plaintiff’s attorney. While always seeking to obtain the best results for the client, there are some circumstances that are very difficult – and even impossible – to navigate.
Most often, the length of time that a case will take becomes a significant factor since insurance carriers know that the longer the case goes on, the more likely it is that the plaintiff will become worn down and simply take whatever is offered.
Always keep in mind that the attorney you select will have multiple personal injury cases in process at the same time. Given their length of time in practice and level of experience, it is essential to rely upon the expert opinion of the attorney since he or she has undoubtedly seen your situation before.
Remember that your lawyer is your partner in a sense they are working on contingency. If the plaintiff does not settle their case, the attorney does not get paid. Therefore, if the attorney recommends settlement, it is likely the most that the plaintiff will be able to receive.
Personal injury cases all have their own unique facts to consider when taking a suit to court. Retaining a seasoned personal injury lawyer with trial experience is essential since it may be necessary to take the case to a jury if the insurance carrier refuses to offer a proper settlement.
Keep these factors in mind if you have been involved in a motor vehicle accident. It is a wise choice to consult with and hire a car accident lawyer shortly after your accident, especially if you’ve been injured.
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