Michaela August's Blog

After being involved in a serious automobile accident, you may ultimately need to seek recompense from your insurance company. Receiving reasonable compensation, on the other hand, may be challenging. But can you negotiate car insurance?

Insurance companies, after all, lose money when they are forced to pay out for an accident. The claims adjuster wants to pay you the least amount of money possible for your losses. Keep in mind that you have the ability to negotiate a better deal before accepting their offer.

So, you should find out how much money your car is worth, negotiate with your auto insurance provider and obtain a formal agreement.

Before accepting any settlement offers for your car from an insurance provider, make sure you know how to negotiate the value of your vehicle to ensure you get the money you deserve.

How do insurance companies determine your car’s value?

Let’s start with how insurance companies assess the value of your vehicle. After an accident, a claims adjuster inspects your car to determine the extent of the damage and the cost of repairs.

If you caused the collision, your insurance company’s adjuster will inspect the vehicle. Otherwise, an adjuster from the at-fault driver’s insurance company will assess it.

In any situation, one thing is certain: the insurance adjuster wants to provide you just the amount of money for which they are legally obligated to compensate you. Because insurance firms lose money every time they have to pay for an accident claim, reimbursements for genuine damages are frequently undervalued.

If you accept the payment amount without dispute, the next step is to locate a mechanic and notify the insurance company of your plans to have the vehicle repaired. If you don’t have any, they can make recommendations. Instead of mailing you a cheque, the insurance will usually send money to the mechanic for the agreed-upon repair costs.

An agent can answer any questions you have regarding your auto insurance policy or how your provider determines the worth of your vehicle.

Negotiating with your insurance company

Can you negotiate car insurance? In certain cases, your insurance company will issue a reimbursement that you do not feel is fair or appropriate for required the repairs. That’s why understanding the value of your car and the exact cost of repairs is crucial to assessing whether or not the adjuster has given you a reasonable settlement. This may be accomplished in a number of ways.

How much is your car worth?

Determining the value of your car is one of the first stages in total loss settlement negotiations. This will be determined by a number of criteria, including the vehicle’s year, make, and model, any body style improvements, the vehicle’s mileage, and its physical condition.

A trained mechanic or an expert witness can provide estimates. However, if you only need an estimate, there are internet tools that may help you figure out how much your car is worth.

Determine whether or not the original offer is too low

Can you negotiate car insurance? If the first compensation offer for your car is sufficient, you may not need to negotiate with your claims adjuster. Accepting the settlement and closing the claim is an option if the offer you get matches your assessment of your vehicle’s value.

Make an agreement with your insurance adjuster

If you believe the offer for the value of your car is too low, you can start bargaining with your claims adjuster. If you wish to bargain, you should be prepared to demonstrate how you came up with your preferred compensation number. You may receive written estimates from many body shops as well as data from internet calculators. Your argument will be stronger if you give more documentation.

Hire a lawyer

If you and the claims adjuster can’t come to an agreement, you may need to hire a car accident attorney. Litigation, while typically seen as a last resort, may be able to aid you in getting the settlement to which you think you deserve. It could also assist to alleviate some of the tension that comes with total loss settlement discussions. A car accident attorney is more likely to be familiar with the procedure and how to negotiate with the insurance company regarding your totaled automobile.

Obtain a formal agreement on the total loss settlement 

You may wish to confirm the conditions in writing once you’ve reached an agreement with the insurance. This protects both parties by attesting that the insurance company agrees to pay a specified amount and that you agree to that amount.

Diminished value after an accident

The worth of your car decreases after every accident, regardless of the extent of the damage or what has to be repaired – this is known as decreased value. A car’s value might degrade in three ways after an accident:

Immediate: Immediate diminished value happens immediately following an accident and prior to the completion of repairs. Because your insurance company will pay the cost of repairs after an accident, this sort of lost value is temporary.

Inherent: When your automobile loses value due to accident history, it is said to have an inherent diminished value. This is the most typical sort of value reduction, and it presupposes that any accident-related damage was repaired by a licensed technician or specialist.

Repair-related: The term “repair-related diminished value” refers to when your car’s repairs were not completed properly after an accident. This is common with do-it-yourself solutions, such as repainting a car rather than taking it to an auto body shop. It also means that the automobile can’t be restored to its former glory.

You have the option of filing a decreased value claim if you are not at fault in an accident. This form of claim protects you from losing money owing to a loss of value that was not your fault.

What Is Total Loss Car Insurance?

If your car is a total loss, the expense of restoring the damages outweighs the vehicle’s value. If this happens, you can either take a real cash value compensation from your vehicle insurance company or keep the car and fix it yourself if your state allows it.

How Much Insurance Pays for a Totaled Car

The amount of money your insurance company pays for a totaled automobile is determined by the coverage you have in your policy. If your automobile is totaled and you have collision and comprehensive coverage, your insurance provider will give you the actual cash value.

If you have a car loan, keep in mind that the amount you get from your insurance provider may not be sufficient to pay off your loan. This is due to the fact that your automobile depreciates over time.

If this happens, you’ll have to pay the difference yourself. Gap insurance is important because it might help you pay off your loan if your car is totaled and the real cash value is less than what you owe.

The post How to Negotiate Your Car’s Value after an Accident appeared first on Nevada Legal Group.

Every automobile accident has an impact on the settlement and payment. When a person is engaged in an injury-causing vehicle crash, the costs of settling claims rise. No matter what type of disaster occurred, all victims attempt to obtain a settlement and wish to do so as soon as possible. So, in this article, we’ll look at the auto accident settlement timeline and application processing terms to see why they differ.

Time Limits For Requests

It’s difficult to predict the period of how long it takes to settle a car accident claim, but there are some factors you should take into account. First and foremost, the estimation may be made by following the insurance procedure. The assurance companies have their policies and it’s really important to check them before you undergo the application process. 

However, some procedures are common for all of them. If speaking more precisely the step by step procedure looks like this;

Stage 1: The company receives the request.

Stage 2: They set out the investigation of the damages.

Stage 3: Organization determines the coverage amount.

Stage 4: The applicant receives the mail with details. 

This process is influenced by the severity of a claimant’s injuries and property impairment, the number of requests, and the specific insurance plans of individuals involved.

In most cases, the process takes up to two months. However, the severity of the situation, as well as the particular approach to each consumer, can cause the procedure to endure up to 6 months. Some of the more minor concerns may be settled more quickly, but the legal process could take years, especially if you are obliged to file a lawsuit for whatever reason.

General Assurance Requests

Every assurance company has a reasonable time frame in which to accept or refuse an automobile accident lawsuit. It is illegal for them to deny a suit within a reasonable time frame. After agreeing to settle with the other party, an insurance company has to make a payment within 20 days. If they do not make compensation by the due date, they have to pay the claimant 12 percent yearly interest.

Personal Injury Protection (PIP)

To obtain the benefits of personal injury protection, you must seek medical attention within two weeks of the event (PIP). Within 30 days of receiving your suit, the insurer must accept or deny it. If you do not have all of the necessary information to provide all at once, the insurer has up to 30 days to proceed with the claim once they obtain all of it. If they refute the assertion, however, they must explain why. If the rejection was caused by a mistake on the client’s part, the facility must explain why. You will have up to 15 days to submit a new version in this scenario.

You have a lawsuit for bad faith if an organization fails to follow correct procedures while accepting or dismissing a vehicle accident claim. In this case, the insurance company may be obliged to pay you extra since they did not follow the rules by properly researching and delivering the fee of the insistence. You will also have the option of taking the matter to court to force the corporations to pay you the largest settlement possible and cover all costs.

Economic and Non-economic demages

Automobile mishap victims can seek compensation for both economic and non-economic impairments after being injured in a car crash.

Accounts and invoices are used to determine economic impairments. There are three main categories of accounts they follow up when counting the compensation amount. 

First of all: Medical invoices. This is the bill for expenditures of surgery, rehabilitation, prescription medicine, hospital stays, doctor visits, medical equipment, and other services. Secondly, the income loss. All the costs of any time away from work that you missed as a result of your injuries. This includes any changes in your regular income. Finally, count the property damage. The price of replacing or repairing your car. This includes any additional property that was damaged in the crash, such as your phone, clothing, or anything else.

Bills and invoices, on the contrary, cannot be used to determine non-economic impairments. They are mostly moral considerations such as:

The costs of mental anguish, emotional misery, post-traumatic stress disorder, anxiety, and a decrease in your quality of life. The price of losing your companionship if you were killed in an automobile mishap. This compensates your spouse or family members for funeral expenses, medical bills, pain and suffering, and other related expenses. The expenses were incurred as a result of the death of a family member in a tragic car accident. This covers funeral costs, hospital expenditures, grief and suffering, and other expenses.Need Help Settling Your Claim?

Surely, all of us when getting engaged in an automobile crash or other damages, feel uncertain and don’t know what to do next. First of all, the shock caused by the situation may last a bit longer than usual. However, you should act as quickly as possible. Later the situation itself leads to the will of acquiring the compensation and you feel like you should get even thousand of dollars. 

However, it’s not that easy. You should contact a lawyer, together you should consult a specialist and estimate the overall chances of getting compensation. And the most difficult here is being able to find the car accident attorney that will meet your requirements and have your back on the very day. 

If looking for one, contact us.

The post How Long Do Car Accident Claims Take to Settle? appeared first on Nevada Legal Group.

A forensic medical assessment is performed to determine the severity of the impairment done to one’s well-being as a result of existing physical impairment. 

In this context, casualty to health is defined as a violation of the integrity of human tissues or organs, a violation of the functional state of limbs or organs, and diseases or other pathological states produced by bodily injuries. A resolution of representatives of investigative bodies, bodies of inquiry, or a court order may initiate a forensic analysis to establish the stringency of the harm caused to well-being due to existing physical traumas. 

Calculating the pain and suffering 

Formal order for a forensic examination may be issued by the Attorney general’s Office, the Ministry of Internal Affairs, or the court. According to the protocol, these two experiments are nearly identical. However, the test result is an expert judgment, and an analysis result is an act of a medical test. Because this activity has no legal evidentiary force, an expert review is usually assigned to establish the severity of the damage caused to health due to existing physical impairments.

The following characteristics determine the severity of health harm: 

The risk of physical hurt to the victim’s life. The complete length of the condition. The disability is stable. The loss of an organ (limb) or the cessation of an organ’s function (limb). Hearing, vision, or speech loss Professional ability to work has been completely lost. Violations of mental well-being, the emergence of drug or toxicological dependence Facial deformity that is irreversible. Pregnancy termination.

It is sufficient to have at least one of the aforementioned qualities to assess whether there are issues. If there are multiple indicators, the most severe one determines the severity of the health damage. Conditions that can lead to death are classified as life-threatening. 

It should be highlighted that irreparable facial disfigurement is not a medical term; thus, establishing this trait is outside the scope of a forensic medical specialist.

Pain and Suffer Calculator

Accident victims can use special tools to calculate pain and suffering and determine how much their impairment compensation will be. It works by multiplying your damages by 1 to 5 times, depending on how serious your traumas are. An expert lawyer can assist you in calculating the amount of compensation you are entitled to. 

Online calculators are available as well, however, they are not always accurate. The fundamental reason for this is that no two accidents are alike. As a result, the circumstance necessitates a unique strategy from the specialist. Many insurance companies get you familiar with their calculator policy before you sign a contract.

The determination of the situation’s seriousness

To establish the severity of the health harm caused by existing physical traumas, a special assessment is performed. The investigation can be conducted solely on the basis of papers, but only in exceptional circumstances and in the presence of reliable records that accurately and completely depict the victim’s traumas.

Typically, the testing begins with a physical examination and questioning of the injured party. The steps of the research are as follows: 

An in-depth interview with the sufferer, as well as an analysis of any existing damage or indications of their use. Collection of all documentation in the case, including medical records from the polyclinic and the emergency room, examination protocols, ambulance crew records, and images. The hurt party is examined and questioned. Ultrasound or other specific assessments are used when there is an internal issue (if necessary). The specialist conducting the examination seeks the missing papers if necessary or if key documents are missing. Examining all of the documents that have been supplied. Execution of an expert opinion in which the expert’s conclusions are followed.Settlement of pain and injury claim

Knowing the fundamentals of how your demand develops will be extremely beneficial to you. Finding and selecting an attorney, as well as comprehending the basic rules governing individual damage, are all part of the process. It also includes filing a complaint, gathering evidence, attempting to settle, and ultimately going to trial if required. 

Let’s take a look at each step of the request process one by one.

Hiring an attorney

After getting hurt, the first thing you should do is look for and hire a personal injury lawyer. The victims who engage an attorney typically earn greater payouts, experience less stress, and have a leg up on the process because they have a skilled professional on their side. The professional assist you and directs you on how to calculate pain and suffering.

Claim examination

Individual demand is a formal process in which an injured party (plaintiff) seeks financial compensation from another party they believe is responsible (defendant). The case will move to the lawsuit stage if the company refuses to pay or a resolution cannot be found.

Demand letter

A demand letter is the first step in any personal impairment claim against an insurance carrier. The wounded person makes their case to the insurance company in this paper for why they should pay for the losses. The following step is to file a formal complaint. Insurance companies may examine the demand and decide whether or not to pay it, or they may choose not to pay it at all (this is known as a denied claim).

Finally, the settlement

Personal traumas are settled 95% of the time before going to trial. A settlement is an agreement between the parties to resolve the case on the basis of specific terms. In most cases, the plaintiff agrees to abandon the claim in exchange for a monetary settlement. After the court has evaluated the information, it becomes a legally binding contract.

The post How Are Pain And Suffering Calculated In Personal Injury? appeared first on Nevada Legal Group.

When someone dies as a result of another person’s or entity’s negligence or wrongful action, the wrongful death lawsuit arises. It’s a type of personal injury claim in which the injured person is not alive and is not able to bring his or her own case to court. This means that the surviving family members or the executors of his/her estate must file a lawsuit seeking compensation from the responsible person.

These issues are being examined by the civil court. The person who files a civil lawsuit is called “Plaintiff”. Plaintiff brings a lawsuit against a person or entity known as “Defendant”. Through this kind of legal action, the plaintiff seeks financial compensation for surviving family members.

Each state regulates these legal claims specifically. In our article, we are going to cover the details of wrongful death settlements in Nevada. Keep on reading to get familiar with the nature and controlling procedure of it.

What Is a Wrongful Death Settlement?

A wrongful death settlement is here to ensure that the descendants of the victim get justice and financial support. They bring that legal claim not only to acquire compensation but also to make the defendant accountable for the fatal personal injury.

Even if it is difficult to give economic value to the death of a loved person, however, by this lawsuit, the state provides financial compensation to the ones who rest on the support and companionship of the deceased victim.

If you want to succeed in filing a legal claim, you should have these elements present in the case:

The fatal injury of a person, caused by negligence or malfunction of another personThe presence of victim’s family members who suffered from financial harm as a result of the fatal harmThe existence of a personal representative who presents the decedent’s estate

The decedent’s harm may be a result of medical malpractice, a car or airplane accident, occupational exposure to dangerous situations, criminal behavior, and administered action.

Average Wrongful Death Settlement in Nevada

If you have this kind of legal claim or if you are to file a legal claim, you should have a perception of the average of it. It will help you to understand what to expect in case of success.

To calculate an average settlement for this lawsuit is very difficult, as all the cases are very different. Besides, there are no statistical resources available for calculating the amount of financial support.

However, in Nevada, the average may range from $500.000 to over $1 million. Many circumstances need to be examined while determining the value of the concrete case. The amount of the compensation for your own situation may be more or less than average.

However, if you want to get help in evaluating how much is the worth of a legal claim, you can contact a wrongful death attorney. He/she will examine the circumstances of your circumstance and the extent of losses.

What Are the Different Types of Damages in a Wrongful Death Lawsuit?

For the loss of a loved one, the plaintiff should demonstrate the compensatory damages. Among these measurable damages, the court will examine:

Medical costs were made after the accident but before the deathExpenses connected with the funeralAny damage to the property caused by the accidentWages’ lost that the victim could have provided the family in the futureLoss of the potential of upcoming earningsLoss of the services that the victim would have possibly provide

Survivors may also get benefits for the bodily, emotional, and mental trauma they and the victim experienced due to the accident.

How Are Wrongful Death Settlements Paid Out?

After the court determines how much is the amount of the benefits, time to divide them fairly and equally between the surviving family members.  Generally, the insurance agencies pay out the wrongful death settlements. Having the decision on the worth of the damages, the insurance company pays the maximum amount allowed by their private policy. If the value of the damages is more than the maximum amount of the company, then the responsibility takes the individual or an entity that is accountable for the injury.

If the accountable individual is not able to implement the payment, the court applies payment plans that are in favor of the plaintiffs.

As Nevada is widely known for its dangerous drivers, we also consider the payout for car accident death. If someone was negligent or reckless, Nevada permits victims to recover damages from another party. So, the negligent driver is the one who has to pay out for car accident death. Otherwise, breaking the law will bring legal consequences.

Factors That Affect the Value of a Wrongful Death Settlement in Nevada

As each case is unique, there is no certain amount to request. However, experienced attorneys may do evaluations. It will help you to decide on the appropriate amount to request from the defendant. There cannot be a guarantee that you will receive a specific amount, but there are several factors that need to be assessed for getting fair compensation.

Among them, you can find.

The age of the person who died as a result of the fatal injuryThe potential of possible future earnings of the decedentAll the medical expenses and health care payments that are connected with the decedent’s injuryThe individual policy of the available insurance company and the limit of its financial compensation

The insurance companies and juries have to demonstrate such support which would have been relevant with the capacities of the decedent as if he/she had lived a full life. So, taking into account their personal income, the number of benefits may hesitate from thousands to several million.

The post Wrongful Death Claims and Settlements in Nevada appeared first on Nevada Legal Group.

Nevada law makes it illegal to drive a car without insurance. You will be fined $250 to $1,000, in addition to the 750-dollar license reinstatement fee, if you are caught driving without vehicle insurance. Obtaining Nevada car insurance is much easier than dealing with the penalties.

How does Nevada track insurance?

If you are not insured in another state, the police will not know until they stop you and ask for your registration and proof of indemnification. The driver with lapsed insurance is less likely to get pulled over if he drives carefully.

Nevada has made it considerably more difficult for drivers to evade discovery when their insurance coverage expires or is canceled. Every registered automobile is tracked by Nevada’s Live Program, which maintains track of insurance information. The software is updated on a regular basis, so the state always knows if you have insurance or not.

By law, insurance companies must give the state up-to-date information. The state will issue you a warning and suspend your registration if they discover your coverage has lapsed.

What kind of punishment will you receive?

If you continue to drive uninsured and are stopped, you will face dire consequences. Whether this is your first or subsequent offense will determine the severity of the punishment.

Here are some steps you can take if you are involved in a vehicle accident and do not have indemnification.

Nevada car insurance requirements

Nevada has a classic fault-based car accident system, which means that the individual who caused the breakdown is responsible for the injuries and damages suffered by the other party, including medical expenses, car repairs, and lost income.

This reimbursement is usually provided by the driver’s insurance coverage. As a result, all drivers are required to carry the following minimum levels of auto indemnification.

$20,000 in total property damage coverage per accident,$50,000 in total bodily injury or death liability,$25,000 in bodily injury or death liability per person.

If you are injured in a vehicle breakdown caused by someone else, you have three main options for claiming compensation. You can file a claim with the insurance company of the at-fault party, your own insurance company, or a personal injury lawsuit in civil court.

Even if you were not at fault, if you are non-insured, obtaining reimbursement after a collision may be difficult.

If you are injured and uninsured, you are breaking state law by not paying the minimum. The court or insurance companies will not grant you the full compensation you need to recuperate from your injuries due to your violation of state law.

You might also face further administrative consequences if you are uninsured.

Suspension of your registration,A minimum of $251 in reinstatement fees,You may be charged additional fees and fines depending on the length of your lack of coverage and your previous offense history.

Even if you are non-insured, you may be able to get full compensation for your injuries in certain instances. If you were injured in a hit-and-run breakdown, you are entitled to full compensation. You can also pursue maximum damages if the other driver was under the influence of alcohol or drugs at the time of your collision.

What to do after a no insurance car accident in Nevada?

Do not be alarmed if you are involved in a collision and non-insured. You may still be able to receive compensation for your injuries, but you must take the following steps to protect your rights and make your future claim easier.

Even if you are non-insured, don’t leave the scene. Driving uninsured is a more serious crime than hit-and-run.Seek medical help and call law enforcement. These reports will be extremely important evidence.Tell the truth – exchange your name, phone number, address, and auto information with the other driver.Take images of the scene and get contact information from any witnesses who may be present.To inquire about your options for compensation, contact a car accident lawyer in Las Vegas.

It is very important to obtain automobile indemnification in Nevada, especially if you are involved in an accident. However, if you were injured as a result of someone else’s carelessness or recklessness, you still have possibilities for compensation. If you are involved in a no insurance car accident, speak with an automobile accident lawyer about your options.

An automobile insurance policy’s purpose is to cover the costs associated with a covered loss. Being involved in a collision while driving uninsured in Nevada can have serious financial repercussions. The state holds at-fault drivers responsible for the cost of the collision’s damages and injuries. You should have to pay for the damages out of pocket if you didn’t have a vehicle compensation policy. And your driver’s license will most likely be suspended for at least 30 days, with extra charges.

The post What happens if you get into a car accident without insurance in Nevada? appeared first on Nevada Legal Group.

In Nevada, if you got an illness or injuries because of your job, you are to apply for workers’ compensation. It covers the medical treatment and reimbursement for lost wages. This article is here to explain when you are eligible to get reimbursement, what kind of notable exceptions exist, and how you can manage the whole process. Keep on reading for more info on workers’ compensation in Nevada.

What does workers’ compensation cover in NV?

All the businesses, even if they have only one employee, have to provide and maintain insurance of worker’s compensation in Nevada. It gives financial and medical benefits to those with on-the-job illnesses or injuries and protects them in the process of receiving coverage during the period of injury.

You have a right to obtain benefits for:

Remedial expensesLost salariesRetraining of careerPermanent disabilityWrongful death lawsuit

You obtain these benefits and protection without considering the factor of fault. This qualifies this program as no-fault insurance. NV requires that all businesses maintain this type of insurance, even if it is a family business and the circle of laborers includes only relatives. Unincorporated businesses that are owned and run by one person and that person is the only one registered, are the exception to this law. The same refers to independent contractors and casual employment. The latter assumes less than 20 days of work and less than $500 cost for it.

All the employees should receive Nevada worker’s compensation regardless of their occupational position and no matter if they are considered full-time or part-time employees. They have a right to obtain coverage from the first day of the job. Illegal immigrants also meet protection under this program. So, no matter that they take their pay illegally. However, the only component that they cannot take is occupational rehabilitation.

The state catches and fires all the companies that operate without the above-mentioned type of insurance. The amount of the fine may reach $15.000. Moreover, the company will become subject to temporary closure and legal action.

Coverage for Immediate Medical Treatment

Generally, the employees pay attention to severe on-the-job wounds or illnesses, as they entail big financial expenses and long-lasting medical conduct. However, you can require coverage in case of lesser injuries too. No matter whether you have taken the aid at the emergency room or the urgent care center.

Sometimes the employers have specific clinics or providers that have to deliver immediate treatment for lesser damages. In case of the need for larger curative action, they can send you to other specialized and larger facilities. So, even if you have to leave your working point and reach the hospital, the employees’ comp insurance should manage that expense too.

Payment of Ongoing Medical Expenses

When people get serious workplace injuries or severe illnesses, they start to worry about massive curative expenses. With the workers’ compensation insurance, no need to worry about expensive bills and other costs. Even if you have to have surgery, take long-term medical handling or require in-home recovery, the insurance agent will cover the necessary costs. In case of emergency, you don’t have to wait for the arrival of the settlement.

The biggest challenge that all the patients meet is the receiving of the confirmation of benefits. Before coming to the actual treatment, you have to wait for the approval, as the agency may deny your recommendations given by the doctor.

The agency has a right to deny your curative handling, requiring:

To operate less expensive measures first. No matter if your doctor recommends more expensive procedures for effective treatment.To visit the clinic which selected the workers’ compensation program. Even if it doesn’t meet your specific needs, the agency may insist on a specific provider or clinic.Delays in Workers Compensation Approval

Sometimes after applying the claim and receiving its approval, you still have to wait for the confirmation of the procedures recommended for your treatment. This makes the actual recovery process last much longer than necessary.

This kind of delay happens when you need to have specific procedures for several weeks or months but the agency makes you have those sessions at a time. Obtaining confirmation for each session will possibly take time and cause delays for further therapy. Moreover, delays happen in getting approval for specific procedures. It takes a long time to get an endorsement for the recommended expensive procedures.

While meeting this kind of delay and having a misconception of your legal rights you should apply for the service of the injury attorney in Las Vegas.

Disability Payments

On-the-job damages may cause short-term disabilities. So, after the recovery, you will go back to your occupation and earn a normal income. However, you can also have such serious damage which will lead to permanent disability. In this case, you have a right to acquire a lump sum payment. Dissection of the employer is an important factor in this process and if you have obstacles while attaining the settlement you have a right to apply for the attorney service. The attorney will help you to calculate the sum of benefits and lead to maximum promising results.

When Can You Claim Workers’ Compensation?

First of all, you are eligible to acquire benefits, if you get hurt at the workplace and during working hours.

Secondly, you are to claim it, if you get hurt out of work but still during completing your occupational responsibilities.

Thirdly, you are to get it regardless of who committed the act of negligence.

What types of injuries are not covered by this program?

Workers compensation Nevada doesn’t provide coverage for those who intentionally caused damages or illness to drive out of work.

If the member of staff violated the company’s protocols, regulations, and policies, he/she would not be eligible to obtain reimbursement.

In case of being damaged out of the general “course and scope” of occupation, the employee would not be reimbursed.

The post What Does Workers’ Compensation Cover in Nevada? appeared first on Nevada Legal Group.

If you happened to be in a vehicle collision then the most essential question, surely after your safety, should be revealing who is guilty in it. This is very important. As in some American states such as NV, the drivers are obliged to compensate for the losses or damage during the casualty. So we are here to answer the following question “Is there a need to prove who was at fault in the Nevada no-fault accident?”.

Is Nevada a No-Fault State? 

At first, it is more important to know if NV’s territory is totally no-fault. Answering this question, we would like to mention that it is an at-fault state. As the driver who caused the casualty should pay for the harm. Yet, some people, tend to get insurance that will compensate for all the wastes. So, you are free to demand even the last $1 loss if you are not a responsible person in the auto wreck.

So is in Las Vegas. If you are not guilty you are able to claim the responsible party to pay the cost of the damage.

What To Do When Someone Hits Your Car?

There are certain points every chauffeur must take into account when appearing in a vehicle thump:

Stop and exchange both the personal details and assuranceGo out from the trafficAssist the injured victimsNotify the Police about the incidentIn some serious circumstances notify the Department of MV  

The same actions should be done in all the occurrences related to the trucks, motorcycles, commercial buses.

So, falling into a collision you need to obtain the contact information of the other chauffeur who is also involved in the clash. Moreover, you are able to gain the driver’s license number, address, as well as model, manufacturing year, license plate number of the vehicle, etc.

In some conditions, people leave their business cards with a written notification on the other side’s automobile. Also, obtaining the personal info of at least one of the witnesses will ease your work after all. And it is vital not to forget about the health harm that should be examined by the doctor.

Why Proving Fault Matters After a Car Accident?

When it comes to covering or compensating the cost of the accident losses determining the answerability of one of the parties becomes unavoidable. So the convicted man (or his/her insurance company) carries the whole liability in the financial aspect. That is why it is so important to demonstrate the fault.

It is necessary to know that you are allowed to confirm the misconduct only in the case of the availability of shreds of evidence. So, you should consider this fact after falling into a traffic crash.

How to Prove You Are Not at Fault in a Car Accident?

In order to convince the mistake of the liable side, you should follow certain steps. So here you encounter the required instructions.

Take photos

The photos from the place of the occurrence are mandatory. As it is the first and effective method to determine someone else’s negligence. Yet, you should consider taking photos of the other machine and its position rather than yours. This should be more helpful.

Exchange contact information

This step should be fulfilled when you decide to file your claim against the guilty individual.

Connect to the Police

You are obliged to call them exactly from the place of the clash. Their report might be worthy and totally useful for your further actions.

Contact an attorney

Falling in an automobile crash by your misconduct or not is very dangerous and stressful. But as you are in that situation you should consider that hiring an experienced and highly professional car accident lawyer is mandatory. Since he or she will assist you in gathering evidence and communicating with eyewitnesses, the expert you hire should be professional with proper licensing. Also, he/she is permitted to hire a professional witness who may convince that the automobile wreck was not your answerability.

And in the end, it is also essential to speak to the individuals who saw everything in the place of the casualty and get their CI. Their speech can be too helpful to you.

How Long After A Car Accident Can You Claim An Injury?

You should know for which reasons you must connect to the Police. So if someone was killed or seriously injured in the traffic crash then it is necessary to call them or NHP (Highway Patrol). Yet, if the damage cost is less than $750 and no one is injured or killed it is not obligatory to call the Police. And you should not forget to report to the DMV within ten days from the date of the casualty if the Police or Patrol have not filed the case, yet.

NV requires all the owners of MV to carry a minimum amount of liability allowance. The simple liability covers the injuries of other people who have suffered from the machine wreck caused by your mistake. And it does not cover the at-fault side’s detriment or injury.

Yet, it is recommended to buy a high thump coverage that will pay for the repairing or replacing the auto of the policyholder. Also, you are suggested to have a UI or IUM motorist’s guarantee that must help you on the condition when the at-fault party does not have appropriate insurance.

The post Do I Need to Prove Who Was at Fault in the Nevada Car Accident? appeared first on Nevada Legal Group.

People who do not have US citizenship or Green Card encounter potential ejection. After that, it takes quite a long time to return to the USA. Or else you are refused to visit the country at all. On this condition, there are ways to avoid deportation by calling a qualified attorney for building a strong deportation defense case in Nevada.

Who are the most at risk for deportation?

Before revealing the main reasons for the extradition it is essential to differentiate the legal and illegal immigrants.

Legal aliens

They are noncitizen individuals who have lawful migration status. The list includes permanent settlers, refugees, asylees, and also visa holders.

Illegal aliens

These are all the undocumented individuals that illegally pass the US border.

What are the most common reasons for deportation?

In some circumstances, foreigners get a displacement request. Here are the occasions for that:

A fraud or immigration violationGuidance from the asylum office after the failed applicationGeneral crimes (such as kidnapping, rape, etc.)Misdemeanors of the national securityEnduring residency status lost or abandonmentFalsified documentsCriminal background in the homelandFictive marriages for certain reasonsDrug and firearm misdemeanorsDomestic acts of violenceAssisting the foreigner to enter America illegally, etc.Ways to Avoid Deportation in Las Vegas, Nevada

If you are afraid of eviction then you must know how to stop deportation process. The most frightening thing is obtaining a notification to appear in court or being detained by LV Immigration and Customs Enforcement. The best thing that you should do in this situation is a good deportation lawyer to know whether you can stay in the USA or not.

So, it is more important to differentiate the types of exile protection that are proceeding in LV, NV.

To avoid it you are able to utilize these common forms:

Removal cancellation for non-permanent residents

This is so far the most common kind of protection. If the settler is a legitimate inhabitant, then the attorney cancels the expulsion in these instances:

He/she has been lawfully accepted as a permanent dweller for at least 5 years.Has lived in America for 7 years after gaining any condition.Has not committed a felony.

And if the migrant is not a permanent resident then the advocate can reach the ejection cancellation in these situations:

He/she was physically present in the USA for at least 10 yrIs a  person with good mannersHas not committed the offenses that are deportableThe action may cause big hardships for the spouse, parents, or children that are either US citizens or lawfully admitted inhabitants.Political Asylum

To qualify for this method of displacement cancellation you need to have these features:

Have refugee status. This means that you can not return to your homeland fearing encountering violence on the basis of your race, religion, nationality, political opinion, etc.You are currently living there.The admission request is in progress.

It is important to note that you do not have to pay a fee for an asylum application. Yet, this should be done within 12 months after arriving in the country. Otherwise, you must apply for permissible residence.

Voluntary departure

If you do not find yourself eligible for the above-mentioned alternatives then you may complete this one. This is to get permission from the Attorney General to leave the land with your own consent. But they must be sure that you will keep the required time frames. Otherwise, you are obliged to pay fines or be banned for deportation relief for 10 yr. In fact, you admit that you are deportable. But on this condition, you are not forbidden to try entering the US again after a certain period of time.

Other types of Removal Defense

Besides the said methods, there are others to prevent it. So, the first is a U VISA.

This is for those noncitizens who are violent crime victims. So due to the U visa, they avoid leaving.

And here are the requirements:

An applicant has suffered from physical or mental abuse due to the felony that is mentioned in the argument.He/She presents a certification claiming that will assist the police to investigate the offense statementThe abuse is considered a violation of US law. And the migrant asserts that has information connected to the incident he/she suffered from.

The next variant is I-601 Waivers. This is for those who prove that the mentioned individuals that their immediate relatives are citizens or legitimate dwellers and may undergo hardships if they depart. Yet, it is a very subjective variant. So to cancel the displacement in this way they should bring much evidence and prove.

So if you or your relatives are going to face expulsion, all you need to do is find a good advocate who will not only help you to prevent eviction but also help to obtain a lawful residency or even citizenship. They go with the clients to the US Citizenship and Immigration interviews.

They defend the candidates in court against the ICE and deliver the arguments to the BIA.

The lawyers take care of preparing all the documents. They defend the client who comes across criminal charges and ejection actions.

The post How to Build a Strong Deportation Defense Case in Nevada appeared first on Nevada Legal Group.

Halloween is one of the most exciting holidays of the year. It involves the whole family. Everyone gets to dress up as whoever (or whatever) they want. The kids get free candy. Teens go out to party. It should be a night of pure fun, right?

Except…it’s not. 

According to Pediatrics, the Official Journal of the American Academy of Pediatrics, Halloween is the fourth in the ranking for holidays where children get most injured.  In a more recent report by The Washington Post, Halloween safety statistics suggest that it is the “deadliest day of the year for child pedestrians”.

Indeed, these Halloween accident statistics are troubling. Fortunately, they can also be avoided by knowing what the common risks are and how to deal with them. 

In this article, we are going to be listing down the most common Halloween injuries in hopes that it can help keep you and your family safe while still having fun.

Common Halloween AccidentsBurns

According to the U.S. Fire Administration (or USFA), there were more than nine thousand fires reported to fire departments across the country during Halloween from 2017 to 2019. These events also resulted in at least 25 deaths per year, 100 injuries, and almost $120 million in property loss.

Most of these fires occurred late in the afternoon until early evening with a peak around 6:00 to 7:00 p.m. While most of these fires were due to cooking accidents, a significant percentage can still be attributed to malfunctioning costumes and decoration mishaps.

So what can you do?

The USFA recommends two things. First, they recommend using battery-operated candles for your Halloween decorations. It can help prevent costumes and decorations from accidentally catching on fire. 

And if you do decide to use open flames, then at least keep those candles (and other heat sources) away from highly flammable decorations like crepe paper and cornstalks. 

Dehydration

There are a lot of factors that may lead to dehydration during Halloween. First, there are those elaborate costumes that can get really hot especially when your child is engaging in strenuous activity (such as going trick or treating). 

Most of these kids also won’t tell you when they’re thirsty because they’re simply too focused on the task at hand. By the time that they feel lightheaded, they’re already dehydrated.

Another leading cause is sugar. Eating an increased volume of sugar can significantly increase urination that can then lead to dehydration.

Finally, research shows that alcohol consumption can also cause dehydration that can then lead to the deterioration of cognitive functions, another culprit behind Halloween accidents. 

So what can you do?

Let your kids wear more breathable costumes. Don’t overindulge in Halloween treats and drinks. And more importantly, ensure that your family carries a water bottle with them throughout the night.

Cuts and Scrapes

Before you start carving your pumpkin this year, please keep in mind that according to the Consumer Product Safety Commission, 41% of Halloween injuries were related to pumpkin carving. 

Meanwhile, 32% were related to accidents that happened while putting up or taking down decor and 22% were due to costume-related injuries.

It is due to these Halloween safety facts that there are studies dedicated to determining the safer methods to carve pumpkins.

So what can you do?

According to the scientific journal Preventive Medicine, using pumpkin-specific knives can help minimize these injuries compared to using a standard kitchen knife.

Being extra careful while decorating is a given, but it is also highly recommended to dress your kids in fitted and less elaborate costumes that won’t accidentally trip them by accident. As an added precautionary measure, such costumes are also less likely to catch fire unnoticed. 

Traffic Accidents

The major concern, though, remains to be traffic accidents. Sugar-hyped kids running around in dark costumes in poorly lit streets with more drunk drivers than usual is obviously a recipe for disaster.

How many people die on Halloween due to vehicular accidents? Just to give you an idea on how serious it is, according to a recently published study that spanned 42 years, the researchers were able to record almost 1.6 million fatal traffic crashes during October 31st from 1975 to 2016.  

So what can you do?

Unfortunately, there’s only so much we can do to prevent drunk driving accidents. However, putting reflective vests (or materials) on your kids’ costumes can help. So is accompanying them as they go trick-or-treating. Also, if you or a loved one have been involved in a drunk driving accident, you need a drunk driving lawyer by your side.

Steps to Take After Traffic Accidents

No one wishes for an accident to happen, but just in case you find yourself in one, here are the steps you need to take:

Call the police immediately if someone had been injured or killed. The drivers should exchange their names, contact, and insurance information.Take photos of the accident (especially of any injury incurred) before moving the vehicle, if possible.Keep a journal of all your recollections about the accident as well as any treatments you have undergone. Don’t forget to include any symptoms that you might have felt afterward.Try not to miss your medical appointments.Contact a personal injury attorney as soon as possible.Finally, never provide insurance adjusters with statements that might put your claims at risk.Halloween Safety Tips

Your Halloween can still be as spooky as you want but it shouldn’t be deadly. Here are more safety tips to keep in mind to further minimize Halloween-related injuries:

Instruct your children to walk on the sidewalk at all times. If the community you live in doesn’t have a clear sidewalk, then advise them to walk facing traffic.Teach your children traffic rules, signs, and signals. Bring a flashlight with you if you plan on walking on a poorly lit street.Keep your driveway well-lit.Make sure that all of the elements in your costumes are fire-resistant.Finally, ensure that your child can see and move well in his costume.

Happy Halloween and keep safe!

The post Common Halloween Injuries and Accidents: How to Avoid Them? appeared first on Nevada Legal Group.

Many locals and tourists enjoy the motorcycle madness in Nevada. The beautiful rideable weather, miles of the open road, and breathtaking views make the Silver state a great spot for your two-wheeled adventures.

However, before you embark on your road trip, make sure to equip yourself with the information and knowledge about motorcycle accidents.

Check out this guide on what to do after a motorcycle accident.

What Happens in a Motorcycle Accident?

Everyone knows that riding a motorcycle can be extremely dangerous. If you don’t take proper measures, you can sustain serious injuries from a motorcycle crash.

Nevada is an at-fault state, which means it will find who is responsible for the accident and will place the responsibility on that individual.

After reviewing the gathered evidence, statements from the witnesses, and medical reports, and after analyzing the situation and accident scene, the police will determine who is at fault for the motorcycle crash.

Now, if you’re wondering what to do after a motorcycle accident when you are not severely injured, you have three options.

First, you can file a claim with your insurance policy provider for covered accidents.

Second, you can file a claim with the at-fault driver’s insurance company.

Your third option is to file a personal injury claim against the at-fault driver.

Statute of Limitations

If you are involved in a motorcycle accident, you have the right to sue for damages for any resulting injuries or fatalities. However, as with any personal injury case, there is a statute of limitations or prescription during which a claim should be filed. 

In Nevada, you have two years after the date of an accident to file your case. The time may be extended if you were under 18 when the motorcycle crash happened or when you were mentally incompetent at the time of the accident.

To receive the maximum compensation for your injuries, you should reach out to a personal injury attorney.

Steps To Take After A Motorcycle Accident in Nevada

Dealing with a motorcycle wreck can be traumatic and extremely challenging, most especially if someone has been badly hurt.

However, it’s important not to panic so you can make better judgments and decide on the most appropriate steps to take.

Be Aware of Your Surroundings

First, stop and move out of the way of traffic, yet don’t leave the scene.

Check thoroughly for injuries. Sometimes, injuries after an accident can go unnoticed due to a person’s adrenaline rush. 

Seek medical attention right away and do not remove your protective gear

Call the Police or Dial 911

If they aren’t on the scene yet, call the police right away. Ask someone to do it for you if you can’t. It’s very important to file a motorcycle accident report with the authorities.

Gather Evidence

Exchange information with people involved in the accident. It’s always a good idea to gather evidence immediately after.

If you can, take your pictures, write notes, and obtain a copy of the police report.

Seek Medical Help

Even if you only sustained minor injuries, it’s still important to see a doctor. Remember that it can take hours, days, or even months for the full extent of injuries to manifest, specifically trauma and anxiety. 

Creating a treatment record is a crucial factor in getting the compensation you need.

Speak With a Lawyer

Hiring a qualified motorcycle accident lawyer can make filing claims for compensation easier and seamless. 

Remember that most of the time, insurance companies will try to offer you the lowest compensation amount possible. Your attorney can help negotiate with insurance policy providers on your behalf. 

What Happens to Your Body in a Motorcycle Accident?

Motorcycle accidents can often lead to serious and even fatal injuries. Among the most common injuries riders sustain include:

Hard Injuries

These include burns (second and third-degree burns from exhaust engine), fractures, brain, and spinal cord injuries, internal bleeding, and organ damage.

Soft Tissue Injuries

These cover lacerations and abrasions, sprains, and strains, and whiplash.

Traumatic Brain Injury

This can happen during a collision, especially if the rider is not wearing a proper helmet.

How Long Does It Take To Recover From a Motorcycle Accident?

Depending on the severity of the injury, recovering from a motorcycle accident can take a while. It can take a few months or years. Some victims never recover completely.

Aside from the physical injury, victims of motorcycle accidents may also suffer from anxiety, depression, and trauma which can require months or years of therapy or specialized care.

Regardless of the duration, you can file a compensation claim from the party liable for the accident. Such compensation can cover your medical expenses, lost wages, and other expenses to get you back on your feet if you’re unable to work.

What Should You Not Do After a Motorcycle Accident?

Even if you think you’re the one at fault, you shouldn’t admit fault when talking to your insurance provider. Even if you think you made a mistake, words of fault can be used against you. 

Motorcycle Laws That Can Affect Your Personal Injury Claim in Nevada 

Before you begin your two-wheeled adventure in Nevada, there are some state-specific laws in the state that you should be aware of.

Motorcycle Lane Splitting

Motorcycle lane splitting is not allowed in Nevada, unlike in some major states like California. 

If the personal injury results from a biker splitting lane, it may be challenging for them to bring a lawsuit.

Helmet Laws

All motorcyclists in Nevada are required to wear protective helmets while on public roadways. According to the CDC, proper use of helmets can reduce the risk of motorcycle head injuries by 70 percent. 

Additionally, the helmet you’re using should meet the basic safety requirements set by the DOT.

If you fail to wear a helmet while the accident occurs, your insurance company may deny its part to compensate you. 

While it doesn’t make you ineligible to file a personal injury claim against the at-fault driver, lack of a helmet could make your legal undertaking extra challenges and can lead to the insurance company trying to reduce a settlement offer.

Equipment Regulations

Motorcyclists are required to comply with a wide range of equipment regulations in Nevada. These include everything from having properly working headlights and tail lights to appropriate rearview mirrors on the handlebars.

Following an accident, your insurance company may request to inspect your vehicle to be sure that there were no equipment violations that it can use to justify any reduction in the settlement offer.

Conclusion

Knowing what happens in a motorcycle accident and what to do after a motorcycle accident is important. You’ll never know when mishaps strike. What you can do is to be informed and stay prepared.

The post What to Do After a Motorcycle Accident appeared first on Nevada Legal Group.