Firm Profile

In Nevada, as in other states, personal injury attorneys working on a contingency fee basis do not “take most of the money” in a Las Vegas personal injury case. The standard contingency fee arrangement typically ranges from 20% to 50% of the settlement offer or judgment amount. The exact percentage can depend on the case’s complexity, the case’s stage when it’s resolved (e.g., settlement before filing a lawsuit, after the commencement of litigation, or post-trial), and the attorney’s experience and reputation.

While it might seem like a significant portion, this fee structure allows clients to pursue legal action without upfront costs. The attorney’s payment is contingent on winning the case, which motivates them to achieve the best possible outcome. Additionally, the attorney often covers the upfront costs of litigation, such as filing fees, expert witness fees, and other expenses, which are then reimbursed from the settlement or judgment amount before the division of the remaining funds.

According to NRS 11.190, the statute of limitations to start personal injury claims process in Clark County, Nevada, is two years from the date of the accident or injury. This means that you have two years from the date of the incident to file a lawsuit in court seeking damages for your injuries. If you fail to file within this two-year period, you are likely to be barred from pursuing legal action to recover the maximum compensation for your injuries making it important to know your legal rights.

A contingency fee is a payment structure where an attorney’s fees depend upon winning the case. The attorney only gets paid if they secure a settlement or a court award for the client. The fee is a percentage of the settlement, typically ranging from 20% to 50%. This is common in personal injury, workers’ compensation, and other types of litigation where the client seeks monetary compensation.

On the other hand, a flat fee is a fixed amount that a client pays to an attorney for a specific service, regardless of the case’s outcome or the time spent on the matter. This payment structure is often used for more predictable legal work, such as drafting wills, handling straightforward divorce proceedings, or dealing with certain criminal defense cases.

The main difference between the two lies in the payment’s dependence on the case outcome: contingency fees depend on winning the case, while flat fees are paid upfront and are not tied to the case result.

Nevada follows a “modified comparative negligence” rule. This means:
– If you’re 50% or less at fault, you can still recover damages (reduced by your fault percentage)
– If you’re MORE than 50% at fault, you cannot recover anything

Insurance companies know this law and will try to claim you were more than 50% responsible to bar your recovery entirely. That’s why it’s critical to have an attorney who can prove the other party’s greater negligence.

Maybe. Nevada law (NRS 42.001) allows punitive damages in specific situations:
– DUI accidents (drunk or drugged driving)
– Insurance bad faith
– Defective products
– Toxic waste exposure
– Housing discrimination
– Defamation

In some of these cases (like insurance bad faith), there is NO CAP on punitive damages. We’ve recovered hundreds of thousands in punitive damages for clients when the circumstances warranted it.

Nevada has one of the highest rates of uninsured drivers in the country. If you’re hit by an uninsured driver, you may be able to recover through:
– Your own uninsured motorist (UM) coverage
– Your underinsured motorist (UIM) coverage if they don’t have enough insurance

Many people don’t realize they have this coverage. We help clients identify all available insurance policies that might apply to their case.

No. Do not give a recorded statement to the other driver’s insurance company without talking to a lawyer first.

Insurance adjusters are trained to ask questions that can hurt your claim later. They might:
– Ask about pre-existing injuries to claim your condition isn’t from the accident
– Question your account of how the accident happened
– Get you to minimize your injuries (when you’re still in pain and don’t know the full extent)

Nevada law does NOT require you to give a statement to the other driver’s insurance. Your own insurance may require it under your policy, but even then, you should consult with an attorney first.

It depends on several factors:
– The severity of your injuries
– Whether liability is clear or disputed
– How reasonable the insurance company is being
– Whether you’ve completed medical treatment

Some cases settle in a few months. Complex cases involving severe injuries or disputed liability may take 1-2 years.

One thing we never do: rush you to settle before we know the full extent of your injuries and future medical needs. Many accident victims make the mistake of accepting quick settlements, only to discover later that their injuries require ongoing treatment they can no longer afford.