Frequently Asked Questions About Nevada Personal Injury Law
Reno accident attorney Eric A. Stovall handles a variety of cases, so we’ve expanded our FAQ section! Please find answers below, or on the following pages:
If you still have questions, contact our offices by calling our office or by submitting a contact form.
Contact our Reno Personal Injury Lawyer Today
Do you still have a question about your potential case? If you are in need of a qualified Reno accident attorney or litigation attorney, contact Eric A. Stovall, Ltd. for a free consultation.
Can I File a Claim Even If I Do Not Have Motorcycle Insurance?
Whether you hold motorcycle insurance or not does not affect your rights to file a claim against a negligent party. If your accident was caused by someone else’s carelessness, you have the right to hold them accountable for their actions.
How Much Will It Cost?
We offer free consultations, so meeting with our experienced attorneys will cost you nothing. We will review your case, answer your questions and provide advice as to what steps you should take next. Again, every case is different and the total cost is impossible to estimate without considering the specifics of your case. For most injury victims, however, we offer contingency fees, which means we take a percentage of a verdict or settlement out of your monetary award. If you win nothing, then we take nothing.
Can I Recover Damages?
In many cases, the answer is yes – you are entitled to recover damages after a motorcycle accident. However, every case is different. To give you a realistic idea of what kind of compensation you might be able to recover, our Reno personal injury lawyers will need to review the details of your accident. The types of damages you may be able to recover include medical care, lost wages and suffering.
What Should I Do After a Motorcycle Accident?
Your first priority should be to seek medical attention. Sometimes injuries are subtle, but can cause further problems if left undetected. If possible, you should also collect as much information from the scene of the accident as you can. If specific road conditions were a factor in your accident, record these along with any other observations about time and place. Contact information for witnesses and other involved parties are also important. Documentation such as police reports and medical records are also important.
I have more questions about my Nevada car accident; who can I call?
A car accident can cause a number of questions in regards to liability and filing a claim. If you have questions or are seeking representation in Nevada, contact attorney Eric A. Stovall, Ltd. for a free consultation. We can demystify the Nevada car accident claims process for you.
How long will it take for me to receive compensation?
It will depend on the type of case that is filed, the number of people who are held liable for the accident, and how the case is settled. Since there are so many factors based on each particular case that we take on for Nevada residents, it is difficult to give a timeline on when you can get compensation. We here at Eric A. Stovall, Ltd. strives to settle your case out of court in the quickest time possible with professionalism and diligence so you receive the desired amount for damages and injuries. Yet there is always the possibility that your case goes to court. It can take several months to a year for the case to be concluded.
Can I still file a claim if my accident happened several years ago?
In the state of Nevada, there is a statute of limitations on when a person can file a claim for damages and injuries. Presently, the limitation is 2 years for negligence. This means that if the other driver was negligent when driving his motor vehicle to cause the accident, you have within 2 years from the date that the accident occurred to file the claim. Unfortunately, the Nevada legislature may revise the statute at any time as it is advisable that you speak with a Nevada attorney who is up-to-date on the current accident laws to ensure you file your case in time. Even if the 2 years have passed, you should still talk to us here at Eric A. Stovall, Ltd. as there may be extenuating circumstances that will allow the time frame to be extended.
Should I speak to the attorney who represents the other driver in the accident?
No. You could very well end up signing away your rights or accidentally claiming responsibility for an accident. If any attorney approaches you who is representing the other parties in the accident, you should immediately call Attorney Eric A. Stovall, Ltd. We can make sure to protect your rights and prevent you from claiming any liability in the case that can lessen the amount of compensation you could receive in a Nevada court of law.
Should I go to the hospital or see my doctor even though I wasn’t injured?We recommend that anyone who has been in a Nevada car accident be medically evaluated by their regular doctor or by medical staff. It’s possible that you got an injury that is not currently causing you pain or immobility issues. Also, be aware that medical problems may appear days or even weeks after the accident. Having your medical condition documented now can provide advantages later on in your case if you seek compensation for your injuries in a court of law.
Who is held liable for my car accident?
There are many factors that will determine the cause of a car accident and who will be held at fault. Depending on the case, there may be one driver who will be held liable, several drivers (in a multi-vehicle accident), vehicle manufacturers (if it is determined there was something faulty with the vehicle), or even maintenance workers (if they didn’t perform adequate work on commercial trucks and other responsible parties). With 290 traffic fatalities in Nevada in 2014, the police and the insurance company have specific guidelines they follow to investigate Nevada car accidents to determine who is at fault.
Here at Eric A. Stovall, Ltd, we gather police reports, photos and other evidence to determine who is held liable for your car damages and injuries. We will perform a comprehensive evaluation of your car accident case to determine the best course of action so you can receive compensation.
What Information Will Your Accident Lawyer Need?
Your accident lawyer will need any documents related to the accident, including police reports that describe the details. Eyewitness reports, photographs, medical reports and doctor’s bills all will be helpful to your case. If you know the identity of the driver who caused the accident, share that information as well. The more details you can provide, the higher the chances of a successful case.
What if the Pedestrian Is at Fault?
If the accident was your fault, what’s the bottom line?
You may not receive as much compensation in a lawsuit. If you were half at fault, you might receive only half as much compensation. Pedestrians are expected to follow traffic laws and use common sense. But even if you made a mistake, you still may be entitled to some compensation.
What Compensation Can You Receive?
If you’ve been injured in a pedestrian accident, you may be entitled to compensation, including:
- Coverage of your medical bills.
- Reimbursement for lost wages.
- Reimbursement for pain and suffering.
- Reimbursement for other expenses related to your injuries.
- Punitive damages in some cases.
How Can You File a Claim?
If you’ve been injured in a pedestrian accident, take these steps as soon as possible.
Write down everything you can remember about the accident:
- Date, time and place.
- Vehicle make and model.
- Information about the driver, if available.
- Contact information for any witnesses.
- A description of the driver’s actions at the scene.
- Your injuries, time lost from work, and other effects of the accident.
Gather any evidence from the accident, including photos. Contact a personal injury attorney in your area to assist with your claim. In Nevada, the statute of limitations for filing a lawsuit typically is two years from the accident.
What Are the Most Common Types of Pedestrian Injuries?
Pedestrians who are hit by cars can suffer serious injuries:
- Broken bones, including legs, arms and ribs.
- Traumatic brain injuries, which can permanently affect hearing, sight and behavior.
- Serious spinal injuries, which can cause excruciating pain and loss of the ability to move.
What Kinds of Accidents Injure Pedestrians?
Our Reno pedestrian accident attorneys handle a range of injury cases, including:
- Drivers failing to yield right of way at intersections and crosswalks.
- Drivers failing to look before backing up.
- Drivers failing to use proper caution around school buses and city buses.
How safe are Nevada’s roads for Pedestrians?
Again, the news isn’t good. The state ranks fifth nationwide in pedestrian fatalities. The pedestrian death rate in Reno is twice the national average and 60 percent worse than the state’s overall rate.
If you’ve been injured in a pedestrian accident, it’s important to understand your options. The following FAQs will provide you with valuable information.
What If I have More Questions about my Nevada truck accident?
If you have more questions, or if you or a family member was injured or killed in a Nevada truck accident, contact attorney Eric A. Stovall immediately for a free consultation.
What should I do if the police on the scene or the other parties involved try to blame me for causing the truck accident?
The biggest point of contention is any traffic accident is who caused the accident. Is it critical to have the competent legal counsel of Eric A. Stovall to fight against incorrect assumptions and assignment of blame, and even challenge the opinion of law enforcement given in the police report of the accident when necessary.
What injuries are the most common?
Common injuries include lacerations (cuts), fractured bones/skull, other head injuries, traumatic brain injuries, damage to lungs from toxic fumes, severe burns from a fire, damage to the back, neck, and spinal cord. Serious injuries may result in paralysis, permanent disability, or death.
What if a family member (or members) dies in a truck accident caused by someone else?
In these circumstances, the surviving family members have a legal option to sue for wrongful death.
If an insurance company offers a quick “hassle-free” settlement, should I accept it?
Insurance adjusters do everything they can to minimize the costs of insurance claims. Offers of a quick settlement almost always do not cover the cost of damages, medical expenses, or the pain and suffering from losing a loved one. Before agreeing to a settlement, talk to personal injury attorney, Eric A. Stovall, about what is best to do when involved in a truck accident.
Who is liable in a truck accident?
In a typical case, more than one party may have liability for the accident. The potential parties with liability include, the driver, the owner of the truck, those that loaded the cargo, truck repair services, and the company that contracted for the services of the truck or operates the truck as part of a fleet.
What causes truck accidents?
The FMCSA reports that the driver causes 87% of truck accidents. Mechanical failure causes 10% of the accidents. Road conditions cause only 3% of the accidents.
The most frequent causes of truck accidents are driver distraction (28%) and fatigue (12%), which together account for 40% of truck accidents.
Poor judgment of the truck driver accounts for 38% of the accidents. Truck accidents happen 9% of the time because of bad driving skills.
Do truck accidents differ from auto accidents?
The Insurance Institute for Highway Safety (IIHS) says most fatalities in accidents involving trucks are people in passenger vehicles. Often, there is more than one other vehicle involved in a truck accident. Trucks weigh up to thirty times more than automobiles. Trucks need up to forty percent more road space to stop than automobiles need.
In 2014, the National Highway Traffic Safety Administration (NHTSA) reported 111,000 injuries from truck accidents and 3,903 fatalities.
CNBC reported that truck accidents increased in 2014, due to the improving economy putting more trucks on the highways. The IIHS notes that fatalities caused by truck accidents increased 16% between the years of 2009 and 2014, going from 3,117 to 3,660 deaths per year.
Who regulates the trucking industry in Nevada?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the interstate transport of goods and travel by truck. The regulations cover such things as hazardous materials, weight limits, driver fitness, driving time limits, and prohibition of using mobile phones or texting while driving.
The Nevada Department of Transportation enforces Nevada state regulations for trucks.
How does Nevada rank nationally in truck accidents?
The 2014 National Highway Traffic Safety Administration report ranked Nevada in about the 50th percentile among all states. However, other research has shown Nevada to be much safer, especially when per-capita statistics are incorporated.
What will I have to pay for legal representation?
The initial consultation is free. If attorney Stovall takes on the case, it is usually on a contingency fee basis. The attorney receives a portion of the settlement plus expenses if the case settles or is won in court. Clients pay nothing out-of-pocket even if the case is never settled.
I was in a Nevada truck accident; When should I contact an attorney?
Talk to an experienced attorney as soon as possible, ideally before making any statements to others about the accident. You definitely want to contact an attorney before accepting any settlement (especially if the other party or parties involved in the accident try to blame you for causing the accident or refuse to pay for damages, medical expenses, and suffering).
What Should I Do if my Claim Is Denied?
If you’ve been injured and your claim for workers’ compensation is denied, you can request a hearing to appeal. For assistance with a workers’ compensation claim or appeal of a claim that has been denied, consult with a qualified personal injury attorney by calling the law offices of Eric A. Stovall, Ltd., at (775) 256-5757.
Who Oversees Workers’ Compensation in Nevada?
In the state of Nevada, the Property & Casualty Section of the Division of Insurance oversees reviews and approvals of new workers’ compensation policy rates along with collection of quarterly and yearly financial statements from insurers that specialize in workers’ compensation.
What Happens After I Submit a Claim?
Once you’ve submitted your claim, you should receive a decision within 30 days from your employer’s workers’ compensation insurance provider. Your claim either will be paid, or you’ll receive notification that your claim has been denied.
Can I Go to my Preferred Doctor?
No, you won’t be able to select your doctor when you have been hurt at your place of employment. You’ll be seen by a doctor that your employer chooses. If you feel that your treatment does not last long enough or that you require different medical care, an experienced personal injury attorney can assist you in getting an examination from a doctor you trust.
The doctor your employer chooses generally will determine whether you are permanently disabled and then will assign a percentage for permanent disability you have sustained.
What Compensation Will I Receive if I’m Injured?
If you qualify for workers’ compensation, you can expect to get temporary monthly disability payments of about two-thirds the amount of your normal monthly pay. The maximum workers’ compensation monthly payment in Nevada is limited to 66.66 percent of the state’s Average Monthly Wage. For 2016, the maximum monthly payment is $3,617.50.
In addition, under the state’s workers’ compensation system, you may be entitled to benefits including:
- Coverage of medical treatment.
- Temporary payments for partial disability.
- Permanent payment for partial or total disability.
- Coverage of vocational rehabilitation.
- Death benefits to loved ones if a worker was killed on the job.
- Miscellaneous expenses, such as coverage of mileage to go to doctors’ appointments.
How Is Permanent Disability Defined?
If you’ve been injured on the job, you may be categorized as permanently disabled if your injury will prevent you, either physically or mentally, from performing your normal work for the remainder of your life. You also can be classified as partially permanently disabled, and the percentage of disability you’ve suffered will help determine the compensation you receive.
Can My Boss Stop me from Filing for Workers’ Compensation?
No. The law prohibits employers from interfering with a worker’s ability to file a claim, and workers cannot be fired for filing workers’ compensation claims. If you believe you’ve been wrongly fired or have received unjust treatment from your employer because of a workers’ compensation claim in Nevada, you should contact an experienced personal injury attorney right away.
How Can I File a Claim for Workers’ Compensation?
The claim process begins when you file Form C-4, titled “Employee’s Claim for Compensation/Report of Initial Treatment.” Your doctor will give you this form when you receive initial treatment for your injury or illness related to your job. You fill out the top part of the form, and your doctor will complete the remainder. Both you and your doctor must date and sign the form.
To be eligible for workers’ compensation, you must file the proper form within 90 days of your injury or within 90 days of receiving a diagnosis of a disease that is related to your work.
What Types of Injuries Does Workers’ Compensation Cover?
Any illness or injury related to your employment typically is covered under the state’s workers’ compensation system. There are some exceptions, including injuries that you intentionally inflict on yourself and those suffered when you’re under the influence of drugs or alcohol.
What Should I Do if I’m Hurt on the Job?If you suffer an injury on the job in Nevada, you should seek emergency medical treatment right away. However, you also should notify your employer about the accident as soon as possible. Make your notification in writing, and retain a copy of your notification for your personal injury attorney. You also will need to fill out a form documenting your injury.
What services do you offer involving construction litigation?Regardless of whether you are an owner, general contractor or sub-contractor, we are ready to represent you in a construction litigation case. Our Reno personal injury attorney regularly defends and prosecutes construction defect actions, mechanic’s lien claims and other breach of contract matters. We also represent insurance companies in defending their insured’s and principals.
How do you win wrongful death and serious injury cases?Cases involving wrongful death and catastrophic injuries such as brain damage, spinal cord injuries, amputations and other serious injuries receive our maximum effort and attention. As a Reno accident lawyer, Mr. Stovall understands their devastating effect and long-term consequences.
When we undertake these types of cases, we often retain expert consultants to assist us in the case. In the past we have hired accident reconstructionists, fire and origin specialists, propane experts, economists as well as orthopedic and neurological specialists. While the type of specialist retained is dependent upon the unique facts of each case, you need to know that these life-changing cases receive our full focus and all necessary resources to maximize the recovery to which our clients are legally entitled.
Can you help my workers compensation case?
We regularly represent employers and third-party administrators in workers compensation cases. We understand the problems faced in these cases and provide aggressive representation needed.
Additionally, our Reno accident attorney represents injured workers but limit that representation to new claims involving serious injury or death.
Why should I choose you to handle my personal injury case?
Over the last few years, it has become easier to find Reno personal injury lawyers just by watching TV. However, many of these advertising lawyers are no more than media figureheads who do not actively try cases. At Eric A. Stovall, Esq., Ltd., our primary advertising is our satisfied clients and this website. Instead of focusing on media advertising, our Reno personal injury attorney focuses on aggressively representing our clients to obtain the maximum amount to fairly and fully compensate them for their injuries.
Our Reno car accident attorney regularly litigates cases involving car accidents, pedestrian injuries, slip and falls, motorcycle accidents and brain and spinal cord injuries. We vigorously pursue recoveries for our clients hospital and doctor bills, lost income, pain and suffering and other damages caused by others.
For insurance litigation, do you represent the customer or the insurance company?
It is an interesting practice where in one case we aggressively attack an insurance company’s bad faith actions and in another case, we vigorously defend the legitimate claims practices of a different insurance company. Prior to admission to the bar, Eric A. Stovall, Esq. was a licensed property and casualty/life and health insurance agent, running his family’s independent insurance agency. Consequently, Mr. Stovall is able to insightfully and effectively represent both the insured and insurers. This diversity gives us unique insight into insurance issues that few other firms can match.
What advantages do you offer for business and commercial litigation?
In the area of business and commercial litigation, you need aggressive representation by an experienced Reno business and commercial litigation attorney to press your position forward or defend against the claims of others. At the same time, given the escalating cost of litigation, you need to make financially prudent decisions. Unlike the large law firms, at Eric A. Stovall, Ltd. we strategically plan litigation to vigorously represent our clients in a manner that recognizes the cost-benefit analysis that business requires.