Legal Rights of Elderly Car Accident Victims

Being involved in a car accident when you are a child or young adult is terrifying. An accident can result in severe, long-lasting injuries that take you years to recover from.

If you are elderly and someone crashes into you, the process becomes 10 times worse. You may have existing health issues that are now worse because of the accident. It is also possible that you will never recover from some of the injuries sustained during the crash.

If you are elderly and have been injured in a car accident in Las Vegas, it is important to know what your rights are. You should also consult a lawyer who will advise you on whether you can claim compensation for your losses and injuries.

How Do Car Accident Laws Work in Nevada?

In Nevada, car accident claims are governed by a fault-based system. The driver found to be at fault for an accident has to pay for the resulting damages.

As an elderly car accident victim, you have the same legal rights as others. But, in your situation, diminished physical ability, pre-existing medical conditions, and limited income can complicate things.

Nevada law provides regulations that allow you to be compensated for damages that stem from these factors. This includes medical expenses, loss of income, and pain and suffering.

What You Must Do After an Accident

If someone crashes into you, there are several steps you must take. The most important one is to get medical attention. Even if you feel fine after the accident, you should let a doctor evaluate you.

The doctor can identify hidden injuries and instruct you on healing from the obvious ones. You will also be able to get a copy of your medical records later on if you want to file a legal compensation claim.

When an accident happens, you must report it to the police. You will need a copy of the accident report for your case, along with your medical records.

If you have a phone with you at the time of the accident, take photos of the scene. Get pictures of both cars' damage and ask the other driver to exchange personal information. This includes license and insurance details.

When you get home, let your insurance company know about the accident. Your insurer can help you initiate the claims process. Ensure you give accurate details about the accident and record all communications with the insurer.

Compensation Options

Your lawyer will advise you on what type of damages you can claim for. This may include immediate and future medical costs.

If you are still employed or work for yourself, you could claim lost income or diminished earning capacity if you can't work after the accident. You can claim compensation for physical pain and emotional distress. This is especially true if your recovery period is prolonged or you have a worsened pre-existing condition.

Your claim could also cover the repair or replacement of your vehicle.

Be aware that Nevada follows comparative negligence rules. If you are found to be partially at fault for the accident, you will likely not get the full compensation amount. Your lawyer will work hard to prove the other driver's negligence to ensure you get maximum compensation.

How Insurance Companies Can Derail Your Claim

You should also note that dealing with an insurance company can be challenging, especially if it is the at-fault party's insurer. The insurer may push you to settle your claim quickly and accept a far less settlement than you are entitled to.

This is why having all the required documentation and evidence to prove your case is crucial. Your lawyer will counter these insurer tactics to ensure you are not pressured into accepting a lowball offer.

Choosing the Right Lawyer

It may be overwhelming for you to think about hiring a lawyer and how to choose the right one. The first factor to consider is choosing a lawyer specializing in personal injury cases. You should also hire a lawyer who has experience working with elderly clients.

Moreover, your lawyer should have experience with Las Vegas court systems and knowledge of Nevada laws.

When you meet with a lawyer, do not hesitate to ask them about their track record in similar cases. Remember to also ask about their fee structure. You may be able to hire the lawyer on a contingency fee basis, which means you do not have to pay upfront.

Regain Control of Your Life

Being in a car accident can make it feel like your life is spiraling out of control. The right lawyer can help you get back on track while ensuring you are compensated for your losses.