What Makes the Best Car Accident Lawyer? A Legal Guide

When you are in a car accident and suffer personal injuries, you may receive a fast settlement offer from an insurance company. They may even use pressure tactics to make you think it is a take-it-or-lose-it option. If you accept their low-ball offer, you will be unable to sue later for a higher amount comparable to the severity of your injuries.

The best car accident lawyer knows that injuries you suffer in a Las Vegas accident are likely to be severe. In 2019, there were 284 fatalities in Nevada due to car collisions, and 185 of those were in Clark County. That means Las Vegas experiences about one (1) traffic fatality every other day.

Data from the Nevada Department of Transportation shows that in 2010, the entire state of Nevada had 51,664 crashes, and almost 80% of those were in Clark County. Of that 55,664 number, 43.3% or a total of 22,2,15 were reported by the Las Vegas Metropolitan Police Department. That is about 61 crashes per day.

If you reside or work in the Las Vegas or Clark County area, you have a good chance of being in a car collision. When that happens, you need an auto injury lawyer who is familiar with the tactics of insurance company lawyers. They will review any settlement offers and compare them with your long-term medical prognosis to determine if the offer is fair and equitable to your injuries.

How to Choose an Auto Accident Lawyer in Nevada

If you’ve been in a car accident in Nevada, hiring a personal injury lawyer is often essential to ensure you receive fair compensation. One common concern is the cost of legal representation. Fortunately, most personal injury lawyers in Nevada work on a contingency fee basis, meaning you pay nothing upfront. Instead, their fee is a percentage of the settlement or award you receive.

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What Is a Contingency Fee?

A contingency fee is a payment arrangement where your lawyer’s cost depends on the outcome of your case. If you win or settle, the lawyer receives a percentage of the recovery. If you don’t win, you pay legal fees. This structure allows individuals to pursue legal action without the financial burden of hourly or flat fees.

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Typical Contingency Fee Rates in Nevada

In Nevada, personal injury lawyers typically charge between 33.33% and 40% of the recovery amount. The exact percentage can vary based on factors such as:

• Case Complexity: More complex cases may warrant higher fees.

• Stage of Litigation: Cases that proceed to trial may incur higher fees due to increased time and resources.

• Attorney’s experienced lawyers may charge higher fees, reflecting their expertise.

For instance, if your case settles for $100,000, your attorney might receive $33,330 to $40,000, plus any additional case-related expenses.

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Are Contingency Fees Mandatory?

No, contingency fees are not mandatory in Nevada. While they are common in personal injury cases, especially car accidents, some lawyers may offer alternative fee structures, such as hourly or flat fees. It’s essential to discuss and agree upon the fee arrangement before hiring an attorney.

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Understanding Additional Costs

In addition to the contingency fee, there may be other costs associated with your case, including:

• Court Filing Fees

• Expert Witness Fees

• Deposition Costs

• Medical Record Retrieval Fees

These expenses are typically advanced by your attorney but are reimbursed from your settlement or award. Ensure your fee agreement outlines how these costs are handled.

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Benefits of Contingency Fee Arrangements

• No Upfront Costs: Access legal representation without initial financial strain.

• Risk-Free Legal Services: Pay only if you win or settle your case.

• Attorney Motivation: Lawyers are incentivized to maximize your recovery, as their fee is a percentage of your compensation.

Choosing an auto accident lawyer in Nevada involves understanding the fee structure and ensuring it aligns with your financial situation. Contingency fee arrangements provide an accessible way to pursue justice without upfront costs. Continually review and understand the terms of the fee agreement before proceeding.

Rules for Contingency Fees

Contingency fees are regulated by Rule 1.5 of the Nevada Rules of Professional Conduct. When performing legal work on a contingency basis, the agreement must include:

• The contingency agreement must be in writing
• The agreement must contain the client’s signature and state that it is a contingency agreement in easily read print size
• The agreement must state if there are expenses to be paid by the client, regardless of whether or not they win the case
• The agreement must include a warning that the client may be liable for the other party’s fees and costs if they do not win their case.

Once the case settle,s your attorney will prepare an accounting that shows how they calculate the amount you receive. The accounting will include the percentage deduction for their attorney fees. It will also list deductions for costs such as payment for medical records, court filing fees, expert witness fees, medical liens against the lawsuit claim, etc.

For example, if you win a settlement of $200,000, your attorney will deduct their attorney fees of $80,000. From the remaining $120,000, the outstanding costs include a medical lien of $10,000, court filing fees of $500, expert witness fees of $2,000, and office expenses of $200.  The remaining $107,300 will come to you.

Check References

When considering an automobile accident attorney, you will want to look for testimonials or case results on their website or by searching online. Filing a personal injury lawsuit is a lengthy and detailed process that requires your attorney to prove the negligence of the other driver. The pleadings must show how the other driver’s lack of care in driving carefully is the direct and proximate cause of your injuries.

The years of experience your personal injury law firm has will assist them in making sure your car accident settlement is comparable to the pain and suffering you are experiencing. They will be aware of the statute of limitations for filing a lawsuit in the event you are unable to obtain an out-of-court settlement.

Most civil cases never go to trial. Your attorney will likely be able to negotiate a settlement by obtaining advice from medical professionals regarding the long-term prognosis of your recovery. Catastrophic injuries or other permanent injuries that affect your quality of life have an impact on the amount of settlement you will receive.

Car Injury Lawyer Consultation

Almost all personal injury attorneys offer 100% free consultations. They will not charge you a fee unless they settle your case or win at trial. But what do you ask at that free consultation to make sure you are hiring the best accident attorney?

When you meet with the attorney, take all accident reports, medical reports, photographs, etc. About the accident. This will provide the attorney with information regarding the facts of the accident and the seriousness of your injuries. The attorney will ask a large number of questions to gather the information they need to provide a legal opinion on your case.

You will have the opportunity to ask the car wreck attorney about their experience with personal injury cases. Inquire about what type of cases the attorney handles regularly. An attorney who specializes in car accidents and personal injury law will be the most up-to-date on the latest developments regarding this type of case.

Ask how many years the attorney has been handling this type of case and their success rate. The experience your attorney has will significantly impact how successful they are in negotiating a large settlement. If you are unable to reach an out-of-court settlement, does the attorney have experience at trial?

This last question may seem strange, but there are a large number of lawyers who always settle out of court and lack trial experience. Personal injury lawyers who are willing to take a matter to trial and have a reputation for doing so will be able to obtain a higher settlement out of court because insurance companies do not want to pay the high costs of a trial.

What to Do if You Get In a Car Accident

A car crash can turn your day upside down. To protect your well-being and legal position, follow these steps exactly. Remember: never admit you’re uninjured or at fault, even casually—those words can be used against you later in court or settlement talks.

1. Call the police right away.
   Law enforcement must document any crash involving injury or significant damage

2. Photograph everything.
   Shoot wide-angle and close-up shots of all vehicles, the scene, skid marks, debris, and traffic signs.

3. Get contact info.
   Record names, phone numbers, insurance details for the other driver, and any witnesses.

4. Seek medical attention immediately.
   Even “minor” aches can signalinternala injuries. U.S. emergency departments treat an average of 11.6 crash-related visits per 1,000 people each year

5. Report to your insurer.
   Notify your carrier within policy deadlines. Check your declaration page for exact time limits—missing them can void coverage.

6. Obtain the police report.
   Please request a copy from the department that handled your case; it’s vital for its and legal proceedings.

7. Document your version.
   Within hours, write down what happened—weather, road conditions, your actions, and any statements made.

8. Track all medical care.
   Keep bills, prescriptions, therapy records, and follow every doctor’s recommendation.

9. Avoid on-the-spot settlements.
   Never sign or agree to any offer—insurer adjusters often downplay injuries to limit payouts.

10. Consult a car accident attorney.
    A specialist can explain your rights, potential compensation, and next steps.

What Happens if You Total a Leased Car?

In the second quarter of 2020, about 26% of new vehicle sales in the United States were on a lease. When you are in an accident with a leased vehicle, the steps you take will be similar but different from those with a car you own or are purchasing.

The steps immediately after the accident are the same as shown above for any car accident. In addition to contacting your insurance company and a car injury attorney, you will need to contact the leasing company and advise them of the accident.

A lease specifies that you will return the vehicle at the end of the lease agreement in good condition. If the car is totaled, you are unable to do so. This means you must pay off the outstanding balance on the lease.

If you have enough insurance on the vehicle, that will hopefully cover the balance of your lease. You may file a claim against the other driver’s insurance company if they are at fault. This will cover your vehicle, medical injuries, etc. If you are at fault, you will need to file a claim against your own insurance company.

In either case, you will receive the fair market value of the vehicle. Fair market value is not necessarily the same amount as the remaining lease balance. Your car accident attorney will make sure you receive a fair settlement.

Hire the Best Car Accident Lawyer

When you are searching for the best car accident lawyer in Clark County, contact us at Heidari Law Group today. You will not pay a fee until you win. We offer free case evaluations where we will provide you with a legal opinion on your situation.

In addition to providing representation for car accident injury claims, we offer services for a wide variety of legal issues. If you or anyone you know needs legal assistance regarding personal injury, accidents involving motor vehicles, other accidents, civil rights, employment law, medical malpractice, product liability, and more, contact us at one of our four office locations.

***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not offer specific advice. By using this site and reading through this blog, no attorney-client relationship is created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.