An accident attorney represents injured people as they pursue either an accident claim or a lawsuit. A claim describes asking an insurance company for a settlement, and a lawsuit means that you intend to take the case to court. Most accident cases begin with an insurance claim. If the claim process fails, you can advance the courtroom issue by filing a lawsuit. 

 

Insurance Claim Process

 

Collecting damages from a car accident, slip and fall, or defective product injury does not always require filing a lawsuit. Individuals, businesses, and nonprofit or governmental agencies carry various forms of insurance to pay accident victims. 

 

If the person or entity responsible for your injury possesses an insurance policy applicable to your accident, then that is the policy that you’ll make a claim against. Your claim must include evidence showing that the policyholder is liable for your documented financial damages. 

 

After filing your claim, the insurer will:

 

• Investigate who bears fault for the accident
• Look at the police report or other official accident report
• Examine medical records to confirm your injuries
• Seek a statement from you and other witnesses
• Calculate your covered damages
• Propose a settlement or deny the claim

 

Although an insurance claim could resolve the accident case to your satisfaction, this does not mean that legal representation is unnecessary. A Las Vegas personal injury attorney serves as your point of contact with the insurer. An accident attorney knows the methods that insurers use to devalue claims.

 

Speaking to an insurance adjuster without the benefit of legal advice could jeopardize your claim. Although you need to be honest about your accident, an adjuster could frame questions in a way that makes your responses look like admissions of fault or partial fault. Insurance adjusters are not like customer service agents. Their primary task is to protect an insurer’s money and limit what you get. 

 

An adjuster will most likely want you to give a statement. Legal representation can prepare you for this, or the accident attorney Las Vegas might speak on your behalf. 

 

An accident attorney Las Vegas can also organize the paperwork for your insurance claim. The staff at a law firm will possess more familiarity with this process than the typical accident victim. This service is helpful because the distractions of medical treatments and pain may undermine your ability to concentrate on these bureaucratic details.

 

As your claim works its way through the system, the insurer will hopefully offer a settlement. An accident attorney can offer an opinion about whether the offer represents a fair response. Your attorney can initiate negotiations that could result in a final settlement that achieves your goals. 

 

Personal Injury Lawsuit Process

 

You may choose to file a lawsuit if the insurer denies your claim or settlement negotiations reach an impasse. The advice of a Las Vegas personal injury attorney can help you decide to go to court. 

 

 Your lawsuit will progress through these steps:

 

• Filing of court papers
• Discovery
• Trial
• Verdict
• Appeal, possibly

 

At any stage of the lawsuit before the verdict, your attorney and the opposing side have the option to negotiate a settlement. Meanwhile, your attorney will manage necessary court filings, present evidence, attend hearings, explain legal arguments to the jury, and question witnesses. 

 

If the trial reaches the verdict stage, the jury will either grant you a financial award or agree that the opposing side had a legal right to deny you compensation. Should the verdict favor you, your opponent has the option to appeal. 

 

Reasons to File a Personal Injury Lawsuit

 

An outright denial of your insurance claim provides a valid reason to file a lawsuit when the evidence supports your cause. You may also want to go to court when:

 

• An insurance settlement offer is unreasonably low.
• Negotiations have failed.
• You have substantial damages.

 

Someone with catastrophic injuries that will require a lifetime of care could have a strong interest in going to court. For example, pedestrians struck by vehicles sometimes face permanent disability that will require a sizable settlement. People in that situation may seek representation from a pedestrian accident attorney Las Vegas with trial experience.

 

Watch Out for the Statute of Limitations

 

You have two years to file a lawsuit concerning a personal injury case in Nevada. If you miss this statutory deadline, then the courts will reject your suit. Because the clock is ticking regarding your legal rights after an accident, you should initiate your insurance claim as soon as possible.

 

Your claim might spend weeks or even months wending its way through an insurance company system. If your unresolved claim is approaching the 2-year mark, you’ll need to decide to file a lawsuit while the law still grants you the right to do so. 

 

Diligent Legal Representation

 

At Moss Berg Injury Lawyers, we empower our clients to exercise their legal rights and pursue compensation. We will work hard to counteract the forces that may align against you when you’ve suffered a serious injury and financial hardship. To talk to a Las Vegas personal injury attorney, contact our office today.