A motorist is speeding, tailgating, or engaging in other aggressive driving behaviors and slams their car into yours. The incident leaves you with property damage and injuries, and you’re uncertain about how to respond. Meet with an aggressive driving accident lawyer in Henderson, and they may help you take the first step to file an insurance claim or a lawsuit.
Shook & Stone Injury Lawyers has obtained over $1 billion for our clients, including those injured in auto accidents. Our Henderson car accident lawyer is available to review your case and discuss your legal options with you. Contact us today to get started.
What Should You Expect If You File an Aggressive Driving Accident Claim in Henderson
As soon as you file your insurance claim for an auto accident involving an aggressive motorist, the insurers of the parties involved in the incident can investigate. If this motorist is found to be liable, their insurance company could compensate you for your accident losses.
Your aggressive driving accident attorney in Henderson can walk you through each stage of your claim. If an insurance settlement offer is made, you can assess the proposal with your lawyer. This is an opportunity to analyze the proposal from multiple angles and determine if it’s in your short- and long-term best interests to approve it.
If you want legal support and guidance from a Henderson personal injury lawyer, consider what Shook & Stone Injury Lawyers offers. Our team has served thousands of clients, many of whom we’ve helped with insurance claims. We can help you get compensation for your aggressive driving accident via insurance or a personal injury lawsuit. Reach out to us for more information.
Problems That Could Come Up After You File an Aggressive Driving Crash Claim
Even if you have a proven Henderson aggressive driving accident lawyer on your side, problems could arise as you go through the claims process. A liable party’s insurance company could take measures to contest or delay your claim or offer a lowball settlement. Thankfully, your attorney can address such issues.
Your lawyer is familiar with the damages that you can recover for a car accident and will pursue compensation from an aggressive motorist’s insurer accordingly. Unfortunately, you may not get a reasonable insurance settlement offer. In this situation, your lawyer can prepare your case to go in front of a judge or jury.
In alignment with Nevada Revised Statutes (NRS) 11.190, you may have a maximum of two years from the date that you’re injured in an accident involving an aggressive driver to sue for compensatory damages. Once your lawsuit is filed, your attorney can craft an argument designed to show a judge or jury why your damages request is valid.
Types of Compensatory Damages That You Could Recover in Your Aggressive Driving Collision Lawsuit
Your car accident attorney can give you a personal injury settlement calculator and other tools to help you assess your economic and non-economic damages. They may help you pursue several types of damages, such as:
- Emotional distress, physical discomfort, and other pain and suffering that you experience from the accident
- Costs of physical therapy, surgeries, and ongoing medical care for your accident injuries
- Lots wages if your injuries prevent you from working
- Diminished earning capacity if your injuries keep you from returning to the job you held before the accident
- Expenses for repairing or replacing your car that was damaged or destroyed in the accident
Per NRS 41.141, modified comparative negligence may impact the damages that you recover in your lawsuit. If you sue an aggressive driver for an accident and are found to be 1-50% at fault, your damages can be reduced by your percentage of liability. Alternatively, if the court rules that you’re 51% or more at fault, you may not be able to get damages.
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Evidence That You Can Use in Your Aggressive Driving Accident Case
Before your aggressive driving accident case goes to trial, your personal injury attorney may search for evidence to strengthen their argument. They may use a wide range of proof to explain to a judge or jury why you should get a favorable ruling. Evidence that could bolster your case includes:
- Accident scene photos
- Traffic or dash cam footage of your accident
- Medical records
- Witness statements
- Any citations issued at the scene
- Police reports
If you have relevant evidence, a liable party may be inclined to settle your case outside of court. Of course, if this party doesn’t offer a settlement that you feel is sufficient, your lawyer has no issue with presenting your case in court. During your trial, your attorney can detail how the defendant was negligent and should cover your accident losses.
What It Takes to Prove Negligence in an Aggressive Driving Crash Case
Trust your lawyer to help you avoid mistakes after your car accident with an aggressive driver. Leading up to your trial, your attorney may put together an argument that describes to a judge or jury how the defendant was negligent. This argument may center on the following elements of negligence:
- Duty of Care: The defendant had a duty to practice a standard level of care.
- Breach of Duty of Care: The defendant engaged in aggressive driving and, in doing so, had the potential to harm you and others.
- Causation: The defendant’s decision to drive aggressively contributed to your accident and injuries.
- Damages: These are the tangible and intangible accident losses that you face.
Your attorney may tell you not to apologize after your car accident and offer other tips and insights to help you get ready for your trial. If your case goes to trial, they can argue your case and dispute any claims that the defendant makes against you.
We Are Here for You During Life’s Toughest Moments
Partner with a Henderson aggressive driving accident attorney from Shook & Stone Injury Lawyers. Our lawyer wants you to care for yourself as they seek compensation for your auto accident losses.
To find out more, schedule a free case consultation.