Catastrophic Injuries

Catastrophic Injury Lawyer in Las Vegas

Suffering a significant personal injury is a devastating, life-altering event. It can leave you damaged and broken physically, emotionally, and financially. This is especially true when someone suffers a “catastrophic’ bodily injury.

This is an injury stemming from an automobile accident, medical malpractice, defective consumer product, or another form of negligence, where the victim’s life is irrevocably harmed. The damage is permanent and may require a complete change in their lifestyle, including a significant decline in their overall quality of life.

Victims of catastrophic injuries often require long-term care in Las Vegas hospitals and ongoing financial assistance due to the extent of their injuries. The financial hardship that accompanies a disastrous injury may include:

• Ongoing rehabilitation and physical therapy
• Permanent assistance or in-home care
• Prescription drug and medical device purchases
• Inability to return to work or ever work again
• Long-term medical care
• Special accommodations, including medical equipment, vehicles, and ramps
• Inability to provide for a spouse and/or children

Examples of Catastrophic Injuries

Common types of catastrophic injuries that occur in and around Las Vegas include the following:

• Amputated limb
• Organ damage
• Paralysis
• Severe burn injuries
• Traumatic brain injuries
• Back injuries
• Neck injuries
• Scarring and Permanent Disfigurement
• Loss of hearing
• Loss of Vision
• Multiple bone injuries

Importance of Pursuing Maximum Financial Restitution for Victims Suffering Catastrophic Injuries

The insurance companies and attorneys who represent the negligent parties who caused a victim’s catastrophic injury are unlikely to agree to provide appropriate financial restitution unless they are pressured to do so through civil litigation.

This is where the experienced and skilled team as LV Personal Injury Lawyers can help. We provide aggressive and skilled legal representation to all of our personal injury clients.

From auto and motorcycle accidents to medical malpractice, defective products and work-related accidents, there is no doubt that victims of catastrophic injuries are left to confront significant, long-term, devastating ramifications from the incident. This is why you should hold the negligent party accountable through a personal injury lawsuit.

In the State of Nevada, What Is the Definition of Personal Injury?

As per state law, those who sustain personal injuries because of any kind of carelessness, recklessness, or negligence could qualify for financial restitution to cover their losses and harms. Recoverable restitution might include pain and suffering, lost wages, property damage, and medical bills.

If a family member (or yourself) were victims of someone else’s negligence, get in touch with LV Personal Injury Lawyers and book a confidential review of your case for free. Zachary D. Clayton, Esq., is dedicated to prioritizing your interests and will make sure that you receive full protection for your rights.

Securing Medical Treatment If You Lack Insurance

If you need medical care but cannot afford it, a savvy Las Vegas personal injury attorney can help you find a doctor, chiropractor or therapist willing to treat you on a medical lien basis in Nevada. An attorney will also work closely with your doctors and therapists to make sure your injuries are properly documented.

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I suffered a devastating auto accident in Las Vegas due to someone else's fault. I was fortunate enough to call LV Personal Injury Lawyers who helped me in the most effective and client-friendly way possible.

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Insurers and defense lawyers will often claim your medical data is insufficient in order to avoid or delay paying you. An aggressive Las Vegas personal injury law firm will work hard to make sure that does not happen.

Resist the Urge to Provide a Recorded Statement or Turn Over Medical Records to the Insurance Company

Making ends meet after suffering a catastrophic bodily injury can be extremely difficult and stressful. In the immediate aftermath of the accident, you could wind up behind on your monthly rent or mortgage, not to mention the myriad of expenses associated with your accident.

When you are out of work, the financial strain may be all you can think about, and that is typically when the insurance company will come knocking with a bad offer to settle your injury claim.  Some insurance companies might even try to offer you money on the day of the accident without knowing the extent of your injuries.

Even though this is a stressful time, it is essential to be composed and careful when communicating with the at-fault insurance company. 

They will ask you for a recorded statement over the phone. You do not have to agree to one. If you do provide a statement, they will use it against you in your claim.  If possible, try to speak with a Nevada catastrophic injury attorney before the insurance company.

Next, the insurance company will ask for a medical authorization for your medical records.  Do not sign anything the insurance company sends you without speaking with a lawyer first. The insurance company’s paperwork is going to be vague, broad, and essentially allow them to access your entire medical history.

Keep in mind, Nevada law does not require a claimant to share all medical information. In fact, the release of medical records should be limited to medical information related to your injury. If you give them a blanket authorization, the insurance company will try to find something in your medical history and use it against you in your claim.

What You Can Do to Help Your Catastrophic Injury Case

There are certain steps you can take after a serious accident to improve the overall viability of a potential personal injury claim. First and foremost, seek medical treatment right away. This is important because one of the first “red flags” an insurance company will try to point to is a gap in treatment. If you did not go straight to the hospital after the accident, the insurance company would likely try to argue that you were not hurt that bad.

Other important actions include:

• Do not miss any doctor appointments or physical therapy sessions
• Follow all of your doctors’ orders for treatment
• Talk to your employer about how long you expect to be out of work, and provide any doctor’s notes to support your absence
• Work with your Las Vegas personal injury lawyer Zachary D. Clayton to seek partial or full disability for your short or long-term injury needs

Pursuable Damage Types after a Significant Accident Has Taken Place

Our law firm will seek financial damages on your behalf, which includes the costs that come with medical treatment and care. After we have established what your long and short-term emotional and physical needs will be, we will put together a unique and aggressive strategy to hold negligent parties accountable for their reckless actions.

The biggest priority we will have is to ensure that you’ll receive the medical assistance necessary so that you can recover from any injuries sustained. If medical care proves to be unaffordable for you, our law firm will help you locate a therapist, chiropractor, or physician who can provide treatment for your injuries that are in accordance with medical lien legalities in Nevada. All of this will be chronicled as your lawsuit is being developed.

Every case that LV Personal Injury Lawyers takes on warrants a proven approach to get the required damages clients are entitled to from a company or person liable.

This may be comprised of monetary compensation for these losses and harms:

• Property damage, which includes vehicle replacement, rentals, and repairs.
• Pain and suffering, which includes emotional and physical stress that come with catastrophic injuries.
• In-home care or long-term care.
• Missing wages capacity, when injuries prevent clients from coming back to their jobs.
• Lost earnings, which includes future and current lost income resulting from your injuries.
• Medical care, which includes future and current medical bills, rehabilitation expenses, and prescription medication.

You May Be Able to Pursue Punitive Damages

Clients do not receive punitive damages because of their losses or injuries. The purpose of these kinds of damages is to hold the wrongdoer responsible for outrageous actions and to make an example out of them so that others don’t exhibit the same behavior.

A number of direct factors, which includes intentional conduct, may result in pursuit of punitive damages. Such factors can increase the burden of proof to establish convincing and clear legal evidence, which lets a jury award extenuating damages to the victim accordingly. The unique specificities of your personal injury lawsuit will reflect the kinds of damages that our legal firm will pursue for you as your representative.

Common Tactics and Ploys Used by Insurance Companies You Need to Be Prepared For

If you have ever been in a car accident that was not your fault and pursued the matter on your own directly with an insurance company, you know how tough it is to get the financial recovery you deserve for property damage. Now, imagine how tough it would be to pursue the negligent driver and their insurance company for medical bills, lost wages, and a mountain of other expenses you are hit with while trying to recover.

It is important to understand that insurance companies are designed to take in more money than they pay out, which means each claim that enters their office is going to be met with the lowest possible offer they believe they can get away with. That is why insurance companies retain large teams of claims adjusters. Their directive is to try and reduce or deny as many claims as possible.

Besides scouring your medical records for possible pre-existing conditions that may let them off the hook for covering your injury costs, here are some of the ways insurance companies justify delaying or avoiding payments altogether.

Common Tactic: The Insurance Company Will Try to Place the Blame on You for the Accident

Insurance companies are very good at blaming victims for their harm by stating they contributed to producing their own injuries. In the State of Nevada, this is called “contributory negligence” and insurance companies will try to use it to avoid paying for your injury claim.

Common Tactic: The Insurance Company Will Try to Argue You are Not Seriously Injured

When you are hurt in an incident that is caused by someone else’s negligence, their first instinct is to assume that you are not as hurt as you say you are. It is a common reaction that lessens the guilt of their actions, but it is also a common tactic used by the insurance companies to dispute your claim.

Common Tactic: The Insurance Company Will Try to Find a Gap in Treatment

As mentioned earlier, it is extremely important to seek medical care immediately after an injury occurs. If you delay your medical care, the insurance company can – and often will – try to argue that the injury could have occurred during another event, or that you did not make the necessary effort to lessen your injuries through medical care.

Common Tactic: The Insurance Company Will Try to Argue that the Records and Bills You Submitted were Inadequate

The paperwork that is involved in filing a personal injury claim can be overwhelming. And with one slip of the pen – one minor mistake – they can reject your claim as incomplete. Insurance companies thrive on submission dates and requirements, and when a single component is overlooked, they could reject your claim altogether.

Common Tactic: The Insurance Company Will Try to Avoid Liability and Shift Blame Elsewhere

Do not be surprised if the insurance company attempts to dispute the duty of care. Basically, this means the insurance company will try to argue that their policyholder – whether it is an individual or company – was not responsible for preventing your harm. This is common in slip and fall cases, where the insurance company devalues the personal injury victim’s claim by simply stating it was not up to their client to prevent it. And without an experienced and aggressive personal injury attorney by your side, one of these insurance company tactics might work. Do not let that happen.

What Is the Cost of Hiring a Catastrophic Injury Lawyer in Las Vegas?

You don’t have to pay any upfront fees to retain the services of a personal injury attorney in Las Vegas.

When it comes to cases involving catastrophic injuries, lawyers work on the basis of contingency fees. This kind of arrangement let’s those who are injured retain the services of a skilled lawyer without the need to prepay legal costs.

When contingency fees are arranged, an attorney’s expenses will be subtracted from either your trial’s final verdict or your case’s final settlement. Further, many personal injury attorneys in Las Vegas will subtract costs that they fronted during the process. The specific percentage of contingency fees will differ as per the kind of case involved and when a resolution is reached.

Overview of Contingent Fee Percentages and Case Costs

In most instances, Las Vegas injury attorney Zachary D. Clayton will charge a contingent fee between 33 and 40 percent. Though, it may be possible to negotiate a reduced or alternative agreement, depending on the unique facts of your case.

In the majority of personal injury cases, your attorney will typically receive around one third of any settlement amount. For example, if you accept a settlement offer of $100,000 from the insurance company in your car accident injury case, your lawyer will receive a legal fee of around $33,000.

Most states provide shifting fee limits based on the stage of the case. Your lawyer should send a demand letter to the person or business (wrongdoer) that injured you. The letter will explain the injuries and demand payment. If you have a strong case, the insurance company for the negligent party will typically make a counteroffer and there will likely be additional settlement negotiations. This all occurs before the filing of any civil lawsuit (i.e. the filing of a formal complaint in court).

If the insurance company does not take settlement negotiations seriously or fails to answer your demand letter altogether, a lawsuit will need to be filed. In many states, if your settlement occurs after filing the lawsuit, your attorney is allowed to receive a higher contingent percentage from a settlement. The percent typically increases to 40 percent.

So, if your motorcycle accident case settles for $100,000, but this time after you file the lawsuit, your lawyer may receive $40,000 as a legal fee. Additionally, before choosing to reject a pre-suit settlement offer, you should consider the costs associated with a personal injury lawsuit. As your case progresses, it will likely get more expensive.

Many personal injury lawyers will cover costs and expenses and then deduct them from your share of the settlement. Another attorney may charge you for costs and expenses as they become due. Where you are responsible for paying for each cost and expense, your case will likely not proceed until you make the payment. Costs and expenses in a personal injury case typically include the following:

• medical records
• expert witness costs
• police reports;
• postage;
• filing fees;
• copying fees;
• investigators;
• depositions; and
• trial exhibits.

Depending on the complexity of your case, it is possible that the costs and expenses will wind up being quite high, but please keep in mind that attorneys must pass these expenses on to the client. The attorney is literally prohibited by the Rules of Professional Conduct from directly paying for case expenses out of their pocket.

You should also take comfort in knowing that, even with case expenses and a contingent fee, you will likely receive a higher overall amount in terms of financial restitution when you retain an experienced and skilled personal injury attorney, as opposed to handling a claim on your own. This is because most insurance companies try to prey on claimants who lack representation and often will only make lowball settlement offers to claimants lacking quality legal counsel.

If you accept a settlement from the insurance company, it is important to understand that the final settlement check will be sent to your Las Vegas counsel. This ensures that your lawyer will get paid for their legal services and helps ensure that any outstanding liens (e.g., medical lien) are paid as soon as possible.

Do not fret. Your attorney will contact you when they receive the settlement check. They will also explain the amount they will be deducted from your settlement check to cover lawyer’s fees and costs and expenses.

Why Should a Las Vegas Personal Injury Attorney Be Hired?

There are a number of benefits that come with retaining the services of professional legal counsel. For starters, employing a lawyer lets you concentrate on recovering rather than concerning yourself with insurance company negotiations.

Also, when LV Personal Injury Lawyers is hired, a firm of skilled personal injury lawyers – as well as a staff of dedicated legal assistants, investigators, and paralegals – will ensure that your lawsuit receives proper attention.

Whether we are assessing medical evidence, conducting interviews with witnesses, or negotiating with adjusters at insurance companies, we will work hard to get the monetary compensation you expect, when you’re expecting it.

Don’t Waste a Second – Get in Touch with LV Personal Injury Lawyers

Don’t waste a second holding those who are responsible for your injuries accountable. Get in touch with the best personal injury lawyers in Las Vegas now. You don’t have to worry about paying us hourly fees, either.

If you endured catastrophic body injuries and were harmed because of the negligence of somebody else, the knowledgeable and skilled lawyers at our law firm will formulate an arrangement for contingency fees fair for you. Our staff of experienced and knowledgeable lawyers will make sure you get you the monetary compensation you’re entitled to.

To have your case evaluated for free, contact us by phone or online.