nder Nevada law, a person who negligently (or carelessly) operates a motor vehicle, causing injury to others, is responsible to pay damages to those persons. Nevada law defines �negligence� as follows:
"Negligence means a failure to do an act which a reasonably careful person would do (or doing an act which a reasonably careful person would not do), under the same or similar circumstances to protect oneself or others from injury, death, or property damage."
Nevada law defines "reasonable care" as follows:
"Reasonable care is that degree of care which a reasonably careful person would use under same or similar circumstances."
Failure to use reasonable care when operating a motor vehicle is the basis for most automobile accident claims. Contrary to what many insurance company advertisements would have you believe, most automobile accidents don�t just happen. They are caused by the failure of the negligent driver to use reasonable care when operating their vehicle.
Nevada law also requires that all drivers have automobile insurance. When an automobile accident occurs, the negligent driver�s insurance is required to pay for the damages caused by that accident.
If a person is injured by an uninsured driver, that person's own automobile insurance policy may provide compensation for their damages.
Damages for the injured party are separated into three categories:
- Non-economic damages: compensation for pain, suffering, emotional distress, and loss of enjoyment of life.
- Economic damages: compensation for financial losses including medical expenses, rehabilitation expenses, lost wages, and property damage.
- Special Damages, such as damages awarded to punish the negligent actions
Unfortunately, many insurance companies are not willing to pay a reasonable amount for these damages. Insurance companies have spent millions of dollars on advertising and propaganda to convince the public that they should not have to pay anyone injured in an accident. They would rather collect the insurance premiums and not have to pay any claims.
Many insurance companies intentionally make it as difficult as possible for an injured person to obtain compensation so that they will become frustrated with the insurance system and just give up. Some of their tactics include refusing to pay claims, refusing to return phone calls, long delays in providing benefits, frequently changing insurance adjusters, sending your file from one office to another, losing files, and a host of other strategies. They hope that you will not hire an attorney and find out what you are legally entitled to by law.
Every case has a statute of limitations that will apply. It varies by the type of case and the state where the case is filed. Don't wait until there is trouble or until the end of your case to get an attorney. Your attorney would prefer to be involved every step of the way, to monitor your case, to guide you, to prevent trouble, and to assist you.
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