Child Support FAQs Contigency Fee Slip & Fall Worker's Compensation Automobile Accidents Motorcycle Accidents Your Insurance Policy Additional Factors Contigency Fee The type of fee generally utilized in a personal injury case is a contingency fee. A contingency fee is based on a percentage of the recovery an attorney obtains on your behalf. Most often, the attorney's fee is 1/3 of the recovery made prior to litigation. If the attorney is unable to settle the case prior to filing a complaint, then the fee goes up to 40 percent once the complaint is filed. Should the case go up on appeal, the fee would normally increase to 45 percent of the recovery. All of these amounts are exclusive of costs. The contingency fee should be agreed upon in writing. You will be asked to sign a written retainer agreement before the attorney undertakes to represent you and the percentages will not change once the attorney begins his representation. Please note that costs of pursuing your claim can include, but are not limited to, costs of obtaining medical records, report charges, court reporter charges, filing fees, process server fees, witness fees, photocopy charges, postage, and long distance charges. On certain cases where the client cannot afford it, our firm will advance the costs on the client's behalf. When you retain the services of an attorney, you should be aware that if you are unhappy with the way the attorney is handling your case, you have the right to retain other counsel. Please note, however, that the first attorney is entitled to reasonable compensation for the services that were performed on your behalf. In that regard, the first attorney has the right to assert a lien for services rendered against any potential settlement or award you may later receive. As the client, you have the right for an itemization of those services and any costs that may have been incurred. If you feel the charges are too high, you have the right to contact the State Bar of Nevada and request an inquiry into the matter. Slip & Fall Under Nevada law, the owners or occupants of property have an ongoing duty to maintain their property in a reasonably safe condition. That duty extends to friends, business invitees, and even unexpected visitors. Whether or not you are entitled to recover also depends on the way in which the accident occurred. If a dangerous condition was partially concealed, or could not be avoided, the owner or occupant of the property may be liable for your injuries. Worker's Compensation If you are injured on the job, you must process your claim through the industrial insurance or self-insured claim procedures. Generally, workers compensation insurance will pay the cost of medical treatment for your on-the-job injury through the plan providers, whether or not you or your employer were negligent. They will also pay you a portion of your wages if you should lose time from work and, if you suffer a permanent partial disability, they will compensate you according to a schedule of benefits imposed by law. Our firm also handles workers compensation cases on a contingency basis. In some circumstances, you may also be entitled to pursue a claim against a third party who may have been at fault for your injury. If you have any questions regarding your rights regarding a workers compensation claim, please contact our office to schedule a consultation. Automobile Accidents If you or someone you know has been injured in an accident, see a doctor immediately and do not delay. If the other driver was at fault in the accident, that driver and his or her insurance company may very well be responsible for paying all of your medical expenses, the damage to your vehicle, your pain and suffering, any permanent disability or future medical treatments you may need, and any loss of wages or damages to make you whole again. There may also be other insurance available to pay for medical bills, such as medical payment coverage on your own insurance policy. Additionally, if you are married, your spouse may also be entitled to a separate claim for loss of consortium because of the negative effect the accident has had on your relationship. Oftentimes, insurance companies will attempt to obtain a recorded statement from you after the collision. Be advised, however, that this is for their benefit, not yours, and speak with an experienced attorney first. Because the circumstances in each collision are different, do not delay in consulting an experienced attorney to learn more about your legal rights and how those rights can best be protected. If you have been involved in an accident through no fault of your own, the other driver and his insurance company may be responsible for reimbursing you for the damage to your vehicle. Should your vehicle need to be in the repair shop for a while, you may also be entitled to reasonable payment for the costs of a rental car. Since there may be other insurance available on your own automobile insurance policy, as soon as possible after the accident, consult with an experienced attorney to determine your legal rights. Motorcycle Accidents If you or someone you know have been injured in a motorcycle accident, or collision due to road hazards or a negligent driver, the same laws apply as if you were in a car or truck. You should attend to your medical needs immediately. If the other driver was at fault in the accident, that driver and his insurance company may be responsible for reimbursing you for reasonably necessary medical expenses, your pain and suffering, any lost wages as a result of the accident, as well as other reasonable damages. There may also be other insurance available, such as medical payment coverage on your own insurance policy, which can be used to pay for medical expenses from the accident. However, don't delay in seeking medical treatment. All accidents are different. As soon as possible, consult with an experienced attorney to determine your legal rights. Your Insurance Policy If you, as a policy holder, are making a claim against your own insurance policy, you usually will be asked to complete an accident report in order to give your insurance carrier enough information to allow the company to conduct a proper investigation into the facts of the accident. Please note that Nevada law requires you cooperate with an investigating police officer. Further, in any accident involving personal injury, or property damage of $350.00 or more, the drivers involved in that accident must file a written report within ten (10) days of the accident with the Department of Motor Vehicles. Beyond that, it is not necessary for injured persons to give a signed or recorded statement to have their claims receive proper consideration. Our office recommends against giving statements without first consulting an experienced attorney to learn more about your legal rights.Nevada auto insurance policies may contain uninsured ("UM") and under-insured ("UIM") motorist coverage. UM coverage protects you if you are injured in a motor vehicle accident or as a pedestrian, by an uninsured or unidentified motor vehicle. In that case, your insurance company agrees to step in and honor personal injury claims as though they insured the uninsured motorist. On the other hand, if a policy holder is injured by another driver who has insurance, but not in an amount sufficient to adequately compensate you for your injuries, then a UIM claim can be made against your own insurance carrier. For example, if the other driver had a $15,000 policy and your injuries were worth $50,000, you could seek the additional $35,000 from your own UIM policy, as long as you had this coverage available. If your own insurance company does not treat you fairly, then you might have a claim for insurance bad faith against the carrier. Additional Factors The settlement amount in most personal injury cases is based primarily on jury verdicts in similar cases. Insurance companies and attorneys monitor verdicts in their area and base settlements on the likelihood of that particular case receiving a similar verdict if litigated. Thus, the value of a personal injury claim in Nevada may be different from the settlement value of the same claim in another state. A number of other factors can also have an effect on a settlement value. Comparative fault, injuries sustained, future medical costs, future wage loss, as well as pain and suffering and loss of consortium, are all things that play a role in the settlement process. Insurance companies may attempt to settle a personal injury case directly with the injured party, but prior to settling on your own, it is wise to consult an experienced attorney about your legal rights, and what compensation might be reasonable. Return to Quick Tips & FAQs Please feel free to contact me at (775) 322-3649 or by e-mail at inquiry@szotlaw.com.