Maximizing Settlements For Injured Accident Victims
As a rule, personal injury claims are settled with the at-fault party’s insurance company prior to trial or even filing a lawsuit. Claims adjusters are usually pretty quick to offer a settlement in order to avoid the time and expense of extended negotiations or going to trial. However, those quick settlement offers are often inadequate to cover long-term expenses. At Behzadi Law, I will make sure the insurance company treats you fairly. If necessary, I can prosecute a negligence claim against the responsible party for monetary damages to reimburse you for past and future medical expenses as well pain and suffering.
Choosing Arbitration Or Litigation
If the insurance company does not settle or offer a reasonable amount, I can file a civil lawsuit and litigate the case with no initial out-of-pocket expense to you. Unless you are awarded a monetary recovery, there is no expense to you. Once in litigation, the case can still be settled before, during or after discovery (the stage in which evidence is collected and depositions are taken).
If the value of the case is less than $50,000 per plaintiff (exclusive of costs, and regardless of comparative liability – explained below), the case will then go to mandatory arbitration (an informal proceeding with an assigned arbitrator instead of a judge or jury determining the result). If the case has a probable jury award value above $50,000 per plaintiff, it will proceed to regular trial.
How Comparative Negligence Affects Your Case
Under Nevada’s “comparative negligence” statute, damages resulting from a plaintiff’s injuries are reduced by the percentage of fault assigned to the plaintiff. If the negligence of the plaintiff exceeds the negligence of the defendant (i.e., a plaintiff found to be more than 50% at fault will not make any recovery), the plaintiff would not recover any funds. In other words, the injured claimant needs to show his or her own negligence was not the major contributing cause of the injury sustained.