I'm often asked, "If I make a claim with the insurance company, or if I hire an attorney to do so, does that mean, automatically, that I'm going to have to go to court?". The short answer to that question is "no". Much of what we do as Las Vegas court attorneys is help those injured as a result of someone else's fault deal with the insurance company for the at-fault party. Insurance companies are billion-dollar companies that have many people that work for them whose sole job is either to deny claims or pay less that someone's entitled to as a result of being injured by the insured. Part of what we do is help the insurance company to appreciate the gravity of our client's injuries, appreciate the impact those injuries have had on our client's life, and convince the insurance company that it's actually in their best interest as a business to be fair now, as opposed to incurring court costs and being forced to be fair by a judge or a jury down the road.
In a typical personal injury practice, probably less that 2 in 10 cases that start out as claims actually end up in the litigation room or the court process. Just because you hire a lawyer, and just because you make a claim against an insurance company for injuries or other damages you've incurred, certainly does not mean that you'll end up in the court system. It can't be guaranteed that you won't, but most of the time cases as successfully resolved without the need for litigation.
Many people ask me, "What information should I look for, what research should I do before I hire a Las Vegas personal injury lawyer?" Obviously, a referral from a trusted source is always the best way to go, but sometimes you don't have that luxury. What I recommend my clients do is do a Google search on a lawyer that you're thinking about meeting with first, just to see what you can find out (you might be surprised). There are good things on there, but there could be some bad things, and it's up to you, and you can ask the attorney about those thing. The other thing that I encourage people to do is, when they're meeting with a client, ask the attorney, "What is the extent of your involvement going to be on my case? What are you going to do personally?" At our firm, I don't do everything. I don't request the records from the hospital. I don't put the address on the letter and drop it in the mail box. But I do the important things. I deal with the insurance companies, and I talk to the adjusters. I answer all the legal questions. You want to make sure that you have somebody like that; somebody who's qualified to be handling the aspect of the case that they're handling. You don't want some high-school graduate who is 19 years old negotiating with an insurance company on your behalf, but unfortunately there are firms out there that do that.
The other thing that I encourage clients to ask their lawyer is, "How many lawsuits have you filed, and how many lawsuits does your firm file?" Insurance companies keep track of those things. If a personal injury attorney never files a lawsuit, the offers go lower and lower and lower, because the insurance company's not going to respect that law firm. You want an experienced litigator, who's done it before and can tell you what to expect, leading the charge.
One of the things I'm often asked by clients, or people in general, is, "How much insurance should I have? What are the Las Vegas car insurance laws?" That has actually been set by statute. In order to drive legally in Nevada, you have to have at least $15,000 per person in liability coverage. It's funny, that limit was set back in 1958, when the dollar went a lot further than it does now. I encourage all my clients, and everyone I talk to, to get higher limits. It doesn't cost much more; usually just a few dollars more per month can dramatically increase your liability coverage. The other thing that you need to remember, though, is we're having a severe economic crisis in this country, and Nevada has been hit particularly hard. Conservative estimates are that 1 in 6 drivers don't even have car insurance right now. That means that if you're hit by somebody and you're hurt and they don't have coverage, typically they don't have any assets, so you're not going to be able to get any money from that person or that person's insurance company, because it doesn't exist, and you're going to be on the hook for all your medical bills and all your problems, and the cost of your vehicle.
So I encourage all of my clients to get what's called "Uninsured Motorist Protection". Simply stated, that just means that if I get hit by somebody that doesn't have insurance, my insurance company is going to step in and cover it as if they insure that other person. Uninsured motorist carries another benefit: If I'm hit by somebody that has insurance but doesn't have much, and it isn't enough to cover all my harms and my losses, I can turn to my uninsured carrier, and they supplement the insurance the other driver has. It becomes under-insured coverage. I encourage everyone to talk to their insurance agent, and he or she will answer all those questions in more detail, but uninsured motorist is definitely something everybody should have.
In a typical personal injury practice, probably less that 2 in 10 cases that start out as claims actually end up in the litigation room or the court process. Just because you hire a lawyer, and just because you make a claim against an insurance company for injuries or other damages you've incurred, certainly does not mean that you'll end up in the court system. It can't be guaranteed that you won't, but most of the time cases as successfully resolved without the need for litigation.
Many people ask me, "What information should I look for, what research should I do before I hire a Las Vegas personal injury lawyer?" Obviously, a referral from a trusted source is always the best way to go, but sometimes you don't have that luxury. What I recommend my clients do is do a Google search on a lawyer that you're thinking about meeting with first, just to see what you can find out (you might be surprised). There are good things on there, but there could be some bad things, and it's up to you, and you can ask the attorney about those thing. The other thing that I encourage people to do is, when they're meeting with a client, ask the attorney, "What is the extent of your involvement going to be on my case? What are you going to do personally?" At our firm, I don't do everything. I don't request the records from the hospital. I don't put the address on the letter and drop it in the mail box. But I do the important things. I deal with the insurance companies, and I talk to the adjusters. I answer all the legal questions. You want to make sure that you have somebody like that; somebody who's qualified to be handling the aspect of the case that they're handling. You don't want some high-school graduate who is 19 years old negotiating with an insurance company on your behalf, but unfortunately there are firms out there that do that.
The other thing that I encourage clients to ask their lawyer is, "How many lawsuits have you filed, and how many lawsuits does your firm file?" Insurance companies keep track of those things. If a personal injury attorney never files a lawsuit, the offers go lower and lower and lower, because the insurance company's not going to respect that law firm. You want an experienced litigator, who's done it before and can tell you what to expect, leading the charge.
One of the things I'm often asked by clients, or people in general, is, "How much insurance should I have? What are the Las Vegas car insurance laws?" That has actually been set by statute. In order to drive legally in Nevada, you have to have at least $15,000 per person in liability coverage. It's funny, that limit was set back in 1958, when the dollar went a lot further than it does now. I encourage all my clients, and everyone I talk to, to get higher limits. It doesn't cost much more; usually just a few dollars more per month can dramatically increase your liability coverage. The other thing that you need to remember, though, is we're having a severe economic crisis in this country, and Nevada has been hit particularly hard. Conservative estimates are that 1 in 6 drivers don't even have car insurance right now. That means that if you're hit by somebody and you're hurt and they don't have coverage, typically they don't have any assets, so you're not going to be able to get any money from that person or that person's insurance company, because it doesn't exist, and you're going to be on the hook for all your medical bills and all your problems, and the cost of your vehicle.
So I encourage all of my clients to get what's called "Uninsured Motorist Protection". Simply stated, that just means that if I get hit by somebody that doesn't have insurance, my insurance company is going to step in and cover it as if they insure that other person. Uninsured motorist carries another benefit: If I'm hit by somebody that has insurance but doesn't have much, and it isn't enough to cover all my harms and my losses, I can turn to my uninsured carrier, and they supplement the insurance the other driver has. It becomes under-insured coverage. I encourage everyone to talk to their insurance agent, and he or she will answer all those questions in more detail, but uninsured motorist is definitely something everybody should have.
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