A collision may happen in a split second when a driver fails to act safely behind the wheel. Depending on the severity, car accidents may have serious and long-term consequences for everyone involved. If you or a loved one was hurt in a car accident due to someone else’s negligence, you should discuss your situation with a personal injury lawyer to determine whether you should take legal action. At Malcolm P. LaVergne & Associates, knowledgeable and hard-working Las Vegas car accident lawyer Malcolm P. LaVergne and his staff believe in asserting the rights of victims to the fullest extent of the law.Pursuing Compensation Following a Car Accident
According to the Nevada Department of Public Safety, there were 266 traffic fatalities and 1,189 serious injuries in the state in 2013. The majority of the fatal accidents resulted from drunk driving, speeding, or a combination.
When someone else causes your injuries due to careless driving, you may typically seek damages from that individual through a negligence claim. Negligence means that someone failed to drive safely, taking their surroundings into account and making sure to avoid actions that would endanger others. To win in a negligence claim, an injured person must establish that they were owed a duty of care by the defendant, the defendant breached the duty of care owed to the victim, and the victim’s injuries were a direct and proximate cause of the defendant’s breach. In other words, the accident must have been something that would not have happened if the defendant had driven safely. An experienced car accident attorney can help Las Vegas residents and other injured people gather evidence and build a persuasive case.
Nevada follows a modified comparative negligence rule, which means that you may recover damages for an accident even if you were partially at fault, as long as your fault did not reach 51 percent. For example, someone might have run a red light at an intersection and struck another car. If the driver of that car was speeding, the jury might find that they were 20 percent at fault for the crash, while the driver who ran the red light was 80 percent at fault. If the damages were estimated to be $200,000, the driver who was speeding would be able to recover up to $160,000. If the defendant was uninsured or underinsured, the victim might need to file a claim against their own insurance company to exercise the uninsured or underinsured provision in their policy.
A plaintiff who succeeds in their case may be able to receive many types of damages, such as medical expenses, lost income and benefits, pain and suffering, rehabilitation costs, and property damage.Assert Your Rights with the Assistance of a Car Accident Lawyer in Las Vegas
If you have been hurt in a car crash that was not your fault, you may be entitled to compensation for your injuries. Las Vegas car accident attorney Malcolm P. LaVergne can meticulously investigate the details of your case and provide you with an thorough assessment of your rights and options. We understand how to address the complicated issues that may arise in these claims. Our firm also represents people in Henderson, Mesquite, North Las Vegas, Boulder City, and other cities in Clark County. Contact us online or call us at 702-448-7981. We also are available for Nevada residents who need a family law or criminal defense lawyer to protect their interests.