Las Vegas Personal Injury Lawyer

Las Vegas is known as a tourist destination, filled with casinos, theaters, entertainment, and even outdoor adventures. However, a personal injury can interrupt all that fun and leave you in pain, drowning in medical bills, out of work, and more.

While you might expect an insurance company to help with these damages, the insurance adjuster will be most concerned with saving money and reducing your payout. How can you get the help you need to recover after your accident or injury?

A Las Vegas Personal Injury Attorney Can Explain Your Options

If you or a loved one are dealing with the aftermath of an injury caused by someone else’s negligence, an experienced personal injury lawyer can provide clarity on your situation. We’ll review the details of your injury or accident, answer your questions, and lay out the possibilities for pursuing compensation.

If there’s a way to recover your damages, we’ll find it.

How Much Does It Cost to Hire a Personal Injury Lawyer?

We understand that financial concerns can be pressing when dealing with the expenses incurred from an accident. At the CEO Lawyer Personal Injury Law Firm, we’re happy to offer a free consultation for anyone with questions or concerns about a personal injury.

You have no obligation, but if we do take your case, we work on a contingency basis. That means you won’t have to pay anything upfront, but instead, we’ll take an agreed-upon fee after we win or settle your case.

Can You Simply File an Insurance Claim After a Car Accident?

Yes, and in some cases involving minor car accidents, this may be a good solution. However, if you have significant injuries, we recommend speaking with a lawyer before you make any statements to the insurance company.

It’s helpful to remember what we discussed earlier: The insurance adjuster’s job is to keep the company’s costs as low as possible. They will likely be friendly and personable, and this approach often encourages claimants to be more talkative.

The adjuster might say that they just want to answer a few questions so they can process your claim, which sounds ideal.

Unfortunately, insurance companies usually record their phone calls, and the adjuster will review every word you say. Many people have made an innocent comment that was taken out of context or misinterpreted to mean they were at least partially at fault in the accident.

If this happens, your settlement could be reduced or disappear altogether. For this reason, we encourage people to speak with an attorney before the insurance company.

What Is the “51 Percent Bar to Recovery” Rule in Nevada?

Nevada uses a system for personal injury claims called modified comparative negligence. Most states with these statutes bar recovery if the injured person (sometimes called the plaintiff) is at least 50 or 51 percent responsible for the accident or situation that caused their injuries.

In Nevada, a plaintiff can’t recover if they are more than 50 percent at fault, sometimes called a 51 percent bar to recovery.

How Does Modified Comparative Negligence Affect Your Car Accident Claim?

In many ways, modified comparative negligence benefits people who have suffered car accidents or other personal injuries. You can still recover some of your damages if you were partly at fault, and this is very common in car accident cases.

Although there are some accidents where one driver was solely responsible, there are often situations where both drivers made mistakes that contributed to the collision. Your final award will be diminished by whatever share of fault you have.

The downside of modified comparative negligence is that insurance adjusters often use it to reduce a claimant’s settlement or eliminate it entirely. For instance, the adjuster might say that you were speeding or didn’t have your lights on when it was cloudy, while at the same time, the other driver ran a red light or made some other driving error that mainly caused the accident.

The adjuster could argue your mistake amounted to 20 or 30 percent of the responsibility— then they reduce your settlement by 20 or 30 percent. But what if you did have your lights on, or you don’t believe that going five miles over the limit amounted to a 20 or 30 percent contribution to the accident?

Several things can happen next. Some injured people who do not have attorneys will simply accept the adjuster’s determination.

They may be relieved to recover most of their damages, so they don’t question whether they were really at fault or if the percentage is correct. Others might think the percentage is too high or feel they weren’t to blame at all, but they decide arguing with the insurance company probably won’t go their way.

Some people do decide to call the insurance company and argue their side, and unfortunately, that usually doesn’t work out. The insurance adjuster is highly educated about both their own policies and the laws in Nevada and is unlikely to be swayed because the claimant swears they weren’t speeding.

Or the injured party inadvertently says something the adjuster uses against them.

However, that doesn’t mean you should give up—just don’t call the insurance company yourself. Instead, contact a personal injury attorney who will be as knowledgeable about the law as the insurance adjuster, as they will also be familiar with various tactics insurance adjusters use to overestimate fault or avoid paying a claim.

Your lawyer will read the accident report and, if necessary, conduct their own investigation. In many cases, we find additional evidence that we can use to convince the adjuster you had no fault or less fault than they have estimated.

What if the Insurance Company Makes You an Offer?

Aside from overestimating your degree of fault, the insurance company can undervalue your claim. They may decline to pay for specific treatments, underestimate the value of some damages, or ignore other damages completely.

This is why your attorney will take an inventory of your damages immediately. We’ll ask about your injuries, their impact on your life if you had to miss work, whether you need more treatment, and other questions about the effects of the accident.

By doing so, we can accurately calculate the value of your claim. Once we have a ballpark figure of what you should expect to receive, it will be easy to determine if the insurance company’s offer is adequate.

What If the Insurance Company’s Offer Is Too Low?

This is most likely the result of the insurance company placing some blame on you, undervaluing your damages, or both. If the offer is significantly lower than it should be, we’ll negotiate with the insurance carrier on your behalf until we reach a number that works for you.

In most cases, we can settle a claim out of court and get the client the necessary compensation.

Occasionally, the insurance company refuses to make a reasonable offer despite considerable evidence that they have either overestimated the client’s share of fault or underestimated their damages. If this happens, we are prepared to argue your case in court.

That said, you should know that court cases are rare in personal injury situations, and the most likely outcome is that we will settle your case out of court.

What Else Can Reduce Your Car Accident Settlement?

Even if you can prove that the other driver was 100 percent at fault and you have received a proper valuation for your damages, the insurance company doesn’t have to pay out anything beyond the policy limit. Nevada only requires $25,000 per person in bodily injury liability ($50,000 per accident) and $20,000 in property damage liability.

If the at-fault party has this minimal insurance, and your accident was severe, their insurance policy may not cover all or even most of your damages.

What Can You Do if the At-Fault Driver Doesn’t Have Enough (Or Any) Insurance Coverage?

In Nevada, car insurance companies must offer uninsured/underinsured motorist coverage (UM/UI), but you aren’t required to buy it. However, you should think carefully before deciding to skip this valuable coverage.

In many cases where the at-fault driver is uninsured or underinsured, the only way to recover damages is to use your own UM/UI policy. We recommend buying as much UM/UI coverage as your budget will allow so you won’t be stuck with the bill in a serious uninsured/underinsured motorist accident.

Can’t You Sue the Uninsured Driver?

Yes, but that doesn’t mean you can collect on a judgment in your favor. Frequently, uninsured drivers have no or few assets we can seize, and it’s often impossible to recover money from someone who doesn’t have any.

Another option we might consider is suing a third party, which is only possible in certain circumstances. For instance, if a defective car component contributed to the crash or made your injuries worse, you may be able to sue the manufacturer.

However, most car accidents are caused by human error, so UM/UI coverage is the most reliable way to recover damages when the at-fault driver isn’t sufficiently insured.

When Can You Sue for Medical Malpractice in Nevada?

Medical malpractice lawsuits are called “professional negligence” claims in Nevada. To sue for professional negligence, you will need an affidavit from a medical expert in the same field as your doctor or healthcare provider.

In other words, if you are suing your OB/GYN, you will need an OB/GYN expert to state that your provider made a specific mistake that caused the poor outcome you suffered.

The medical expert’s testimony is necessary because patients can suffer bad outcomes for a number of reasons, many of which are out of a healthcare provider’s control. Additionally, even if you can prove your provider made a mistake, that does not necessarily prove their mistake caused your bad outcome.

If you’re not sure whether your doctor caused you to suffer a serious health complication, you don’t have to find a medical expert on your own. We recommend obtaining a copy of your medical records and speaking with a personal injury lawyer.

Our legal professionals will evaluate your case, and if we see evidence of negligence, we’ll find an appropriate expert to review your records. If the expert agrees that your provider caused your condition, we can then proceed to seek damages.

These might include your medical bills, lost income, permanent injury or disability, pain and suffering, and other losses.

Is There a Cap on Damages in Professional Negligence Cases in Nevada?

Economic damages like medical expenses or lost wages are not capped. However, pain and suffering damages are capped at $430,000 (as of 2024).

This cap does increase yearly, so it may be higher by the time your case is settled.

Is a Property Owner Liable for Accidents That Occur on Their Property?

Not necessarily. Under Nevada law, a property owner is only liable if they negligently caused your injuries.

Specifically, the injured party will have to prove:

• • There was a hazardous condition on the property. Hazardous conditions cover multiple circumstances, from a puddle on the floor to an unlocked gate around a swimming pool to a loose railing.
  • The owner knew or should have known about the hazardous situation. In most businesses, the premises are regularly inspected for hazards by a manager or employee, but the owner is still liable if the employee fails in their duties.
  • An accident happened because of this hazardous condition. Your attorney will work to show why the hazard caused the accident.

• You experienced injuries and related damages (medical bills, lost income, pain, and suffering) because of this accident. We may use your medical records or testimony from a medical professional to demonstrate that your injuries were caused by the accident.

Of course, it’s not always clear whether the owner was negligent right after you suffered an accident. For instance, say that you trip and fall while walking in a casino, resulting in a painful knee injury.

The cause of your fall might not be immediately evident, and even if it is, you could be distracted by your throbbing knee. Even later, when you’ve had time to think about the accident, you might not be sure why you fell or if there was a hazard the owner should have known about.

For this reason, we recommend you take several steps to protect your legal rights if you are ever injured on another party’s property:

• Take pictures of the area where you were hurt—even if nothing looks particularly unusual or wrong. You never know what details are important.
• If there were other people around who witnessed your accident, ask for their names and contact information.
• Tell the owner or manager about your accident, even if it doesn’t seem significant. You should be polite, but the store staff needs to know if there might be an issue.
• Seek medical attention for any injuries, no matter how minor. We’ve met many people who initially felt all right after an accident. They may have dismissed their injuries as minor bumps and bruises, but then, a day or two later, they developed severe pain. Not all injuries are immediately painful, so it’s a good idea to see a healthcare provider. This will ensure you get treatment immediately and create a record of your injuries that healthcare providers can refer to later.
• Speak to a personal injury lawyer as soon as possible. We can review the pictures or talk to witnesses to learn more about what might have caused your accident. If you couldn’t take photos or get witness contact info, we may still be able to help. Sometimes, our investigators visit the accident site and discover that a hazard still exists. For example, we might go to the casino and find a torn or snagged area in the carpet where you fell.

Will Homeowner’s Insurance Cover Your Injuries on Private Property?

As with business properties, you will need to prove the owner was negligent and their negligence caused your injuries. If so, the homeowner’s insurance may cover your damages (unless there is a specific exclusion in the policy that applies to your situation).

Often, people are reluctant to sue their friends or family members but also can’t afford the medical bills and other expenses from their injuries. We know these situations can be delicate, and we’ll do our best to help you find a reasonable solution.

If your injuries are covered by a homeowner’s insurance policy, we may be able to file a claim and recover your damages that way. If not, we’ll try to work out a fair settlement with the other party.

However, there is no reason that you should be forced to absorb the costs of someone else’s negligence.

What Happens After a Golf Cart or ATV Accident?

Golf carts, ATVs, and other low-speed vehicles are often used for recreation in attractions around Vegas, not limited to golf courses. Some outdoor attractions or events rent out these vehicles for use in areas where cars aren’t allowed.

Many people see golf carts as relatively free from danger—they don’t go very fast, so it seems as if they can’t do much damage. Unfortunately, these carts are not as harmless as they appear.

Every year, more than 150,000 people in the US visit emergency rooms for golf cart injuries. It’s crucial to remember that golf carts lack safety features like seatbelts, airbags, or even doors, so a minor collision can cause injuries.

Golf carts are also boxy and top-heavy, making them easy to flip if the driver takes a curve too sharply. Additionally, there is little to stop a rider being ejected from a cart during an accident, however minor.

On average, ATVs can move at higher speeds than golf carts, and they are made without seatbelts because these would prevent the driver from freely operating the ATV. If you plan to drive an ATV, we recommend taking a safety course and using safety equipment, including a helmet, goggles (if the helmet doesn’t cover the eyes), boots, gloves, a jacket, and long pants.

If you are in an accident involving an ATV, golf cart, or other low-speed vehicle, establishing who is at fault can be complex. There are numerous parties who could be liable:

• The person driving the cart or ATV might be responsible if they were driving carelessly or ignoring safety rules.
• The vehicle’s owner may be at fault if they don’t properly maintain the vehicle or warn the person using it about a problem. They could also be liable if they let a minor younger than 16 use an ATV without adult supervision.
• The property owner might be negligent if they failed to warn you about a hazard on the property that caused the accident.
• Someone operating a cart or vehicle that crashed into you or your vehicle could be at fault.
• Occasionally, the vehicle manufacturer or a service company that maintained the vehicle may be liable if a defective part or repair caused the crash.

Evidence can be lost quickly in these cases, so we recommend speaking with a personal injury lawyer as soon as possible after your accident. We’ll work to determine who might be liable and develop a strategy to recover your damages.

How to Learn More From a Las Vegas Personal Injury Law Firm

If you or a loved one have sustained an injury due to another party’s negligence, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation to learn more about your legal rights. There is no obligation, and if you want to move forward with our help, we won’t charge you anything until we win or settle your case.

Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and quickly transformed it into one of the fastest-growing law firms in the country. He and his team have more than twenty years of combined experience in personal injury law and have recovered millions of dollars in compensation for injured people and their families.

You can also find Mr. Awad on social media, where he posts entertaining yet educational videos about legal topics for more than a million followers. Contact him today at (833) 254-2923.