Las Vegas Motorcycle Accident Attorneys

Under Nevada law, when the cost of the repairs exceeds more than 80% of the value of your motorcycle, it will be declared a “total loss.” The insurance company would then assign a value to your motorcycle. Many times you will feel that the value is too low. We are obviously not in the motorcycle business, but we are happy to help you fight to get fair value. In those instances, please provide us with receipts showing any recent modifications or repairs, like new tires. Also, any research you can do showing what your make, model, and year retails for in Las Vegas would be helpful. If you have full coverage, it’s always best to have both insurance companies inspect and assess your vehicle’s value. It is surprising how often insurance companies will come up with significantly different values so it is best to have options.

If your motorcycle is declared a “total loss” you would also have the option of retaining the vehicle for “salvage.” This means you would be given a check for the vehicle’s value, less what the insurance company could get if it sold it to a wrecking yard. This option is best for mechanically inclined people, or those who want to “part it out.”  Remember, that under this option, your vehicle’s title will by law be converted to a “salvage title” so that you cannot then fix it and then sell it to some unsuspecting buyer. Again, no matter what your circumstances are, remember we are here to help.

If this case involves property damage to a vehicle you own, then you generally have two options to get your motorcycle repaired:

1. Request that the insurance company for the at-fault driver pays for the repairs. Once the at-fault insurance company officially accepts responsibility for the collision, it will allow you to take your vehicle to the insurance-approved repair shop of your choice. It will then cover the cost of the repairs, as well as any reasonable rental expenses while your vehicle is being repaired.  Be aware though that all insurance companies are different: some will set up a direct bill for any rental car while others will make you pay for it upfront and then require you to submit bills for reimbursement. Also, be aware that insurance companies will never reimburse you for the extra insurance that all rental car companies try to persuade you to take; or
2. Request YOUR insurance company to do the repairs and get reimbursed by the other driver’s insurance company. This option though is only available if you have collision coverage. If you feel more comfortable with your own insurance company doing the repairs, you can have your insurance company pay for your vehicle to be repaired at the repair shop of your choice, along with any rental car expenses (assuming you have rental coverage). In most cases, you will need to pay your deductible to initiate the repairs. Just to get your business some repair shops will be willing to waive any up-front deductible. The deductible would then be reimbursed or paid once your insurance company recovers it from the at-fault driver’s insurance company.

Your motorcycle accident attorney will assist you with either option as necessary.

Please remember to keep your motorcycle accident attorney informed of any of the following:

1. Current treatment status
2. Change in address or telephone number
3. Change in place of employment
4. Names of all treating physicians, hospitals, and facilities
5. The date a physician releases/discharges you from their care
6. Any other facts which you feel may be important to your case

Yes. If you have a pending bankruptcy case or plan on filing bankruptcy, please contact us immediately. Bankruptcy can negatively affect your claim because it could become an asset for the bankruptcy trustee, who will then make all of the decisions regarding the settlement. And it could also affect how much you can recover personally, no matter how big your case, because there is a bankruptcy cap. Your failure to report a pending personal injury claim to the Bankruptcy Court could also result in severe sanctions against you, including the dismissal of your bankruptcy case as well as criminal charges. So your car accident attorney must be informed so that we may take appropriate steps to protect your interests. This can include helping you find a proper bankruptcy attorney who will not talk you into filing so that they can make a fee.

Yes! In addition to monitoring your social media feeds, insurance companies have even stooped to putting people under video surveillance. Increasingly, insurance companies have begun secretly videotaping legitimately injured people, especially when the injuries are serious in nature. What the insurance company hopes to accomplish is obtaining footage which could incriminate or place at issue the validity of your injuries.

Typically, these investigators will park across the street from your place of residence, in parking lots while you shop, outside your office, and they will even follow you to the gym to watch while you exercise. These videos can be very damaging to your claim, mainly because they will not show you later lying on the couch resting and in pain after whatever strenuous activity you just undertook. Instead, they will only show you bending, squatting, or lifting. Therefore, be very aware whenever you are engaging in any physical activity that there is a possibility you could be under surveillance and adjust your activity level accordingly.

Yes! If you miss any time from work due to your injuries from the motorcycle accident, please ask your doctor to provide you with a written work excuse/ restriction notice and provide us with copies any notices you are given. Also, please provide your motorcycle accident attorney with the name and address of your employer and supervisor, along with copies of all paycheck stubs, tax returns, or other income documentation that will help us verify your lost wages.

We recover compensation that includes your medical bills, pain and suffering, wage loss, out-of-pocket expenses, and in certain cases, future medical bills. In cases involving catastrophic injury or wrongful death, we also will also ask for lost future earnings.

No. Please do not sign any documents and/or checks sent to you with regard to your motorcycle accident without first consulting with your motorcycle accident attorney. We will take it from there.

It is best not to discuss your case with anyone except your doctors or motorcycle accident attorney. If you are contacted by anyone regarding your case, be friendly but immediately advise the caller that you have a motorcycle accident attorney who represents you. Then request his/her name and telephone number, and give them your motorcycle accident lawyer’s name and telephone number and ask them to contact them.

No! Do not talk to any insurance companies, even your own, unless getting prior approval from your motorcycle accident attorney.

Yes. Always be open and honest with your car accident lawyer and with your doctors about all prior injuries. It is better if your doctors know all about any prior injuries so they can be prepared to address them adequately. Our law office will do the same thing in our negotiations with the insurance company. For instance, prior injuries to a person’s neck or back can make them more susceptible to future injuries.

However, be certain to tell your doctors if any prior injuries were made WORSE because of your car accident. For example, “I had mild back pain before the car wreck, but now my back pain is major.” Also, try to differentiate your present pain symptoms from any you may have had in the past. For example, “I had intermittent dull back pain prior, and now my back pain is sharp and constant.” Or, “I had a prior accident that caused me neck pain, but after this car accident, I now also have low back pain.”

Yes! Please remember to always tell EVERY medical provider you see, even for non-accident-related care, about all of your physical injuries, symptoms, and complaints from head to toe that you believe may have been caused by the motorcycle accident. This is important because insurance companies and their lawyers will obtain copies of ALL of your medical records, including non-accident-related care. They will try to use the absence of any reference to the accident or your symptoms in these unrelated medical records to discredit you. Unfortunately, this tactic can be highly effective.

We encourage you to take full advantage of your treatment options and continue treating your injuries until you obtain a full recovery. Ideally, your medical treatment should last until you are just as healthy as before your car accident happened. Never rush the treatment process! Doing so will detriment your health and the value of your case. Insurance companies always assume you have fully recovered when you stop getting medical treatment.

We are happy to refer you to excellent doctors and specialists who can help you recover more quickly from your injuries and who can better document your pain and suffering. You need to know that not all doctors are equipped or even want to handle personal injury cases following a car accident. In fact, many “family doctors” will flat out refuse to see you if you have been involved in a personal injury-type case.

Consequently, we often help our clients find medical professionals to fit their treatment needs. Over the years, we have vetted and established relationships with many qualified medical professionals and specialists adept at helping our personal injury clients.

While putting a value on a case is never an exact science, our experience has shown that there are five key factors to consider when assessing case value.  These are the:

1. Amount of your medical bills;
2. Severity and duration of your pain and suffering;
3. Amount of any wage loss;
4. Amount of your out-of-pocket expenses; and,
5. Likelihood of future pain, suffering or medical expenses.

We won’t know the extent of these five factors when you are first injured.  As your case moves forward though we will gather all of the evidence needed to prove the extent of these five categories of damages. For example, generally speaking, the longer you treat, and the higher your medical bills, the more your case is worth.

The time it will take for your case to resolve can vary depending on several factors such as:

1. How long your medical treatment lasts;
2. If the case has to go to court; and,
3. What insurance company we are dealing with, among others.

We will never rush you through the treatment process because we want you to have every opportunity to obtain a full recovery from your injuries before we start negotiating with the insurance company. However, as a general rule, it typically takes anywhere from 3-5 months after your treatment ends to obtain a fair settlement.  But stopping your treatment too soon is a huge mistake, because this would negatively affect both your long-term health and the value of your case.

There are a lot of accidents in which the victim was partially at fault. That is why most states have comparative negligence laws to address these situations.

In Nevada, you can recover compensation as long as your percentage of fault for the accident is not greater than the combined negligence of the defendant or defendants. This is often referred to as the 51 percent rule.

You can recover compensation as long as your percentage of fault is less than 51 percent. If your percentage of fault is 51 percent or more, you will be barred from receiving compensation.

If your percentage of fault is below 51 percent, your compensation will be reduced by your percentage of fault. In other words, a claimant who is 25 percent at fault would receive only $75,000 of a $100,000 settlement.

The Las Vegas motorcycle accident lawyers at our firm are well-versed in the state’s comparative negligence law. We will help ensure it is applied fairly in your claim to receive the compensation you deserve.

Complete a FREE case evaluation

There is a statute of limitations for personal injury claims in Nevada, including motorcycle accident claims. The statute sets a deadline for filing a claim, and if you miss the deadline, you will not be able to file a lawsuit.

Nevada’s statute of limitations for personal injury is two years from the date of the accident. This might seem like a long time, but it can pass a lot faster than you think.

Some of the two years will be taken up by pursuing an insurance claim. While some insurance claims can be resolved relatively quickly, others could take several months or more, particularly if you are severely injured, and it takes a while for doctors to fully assess the scope of your medical issues.

This is why it is very important to contact a Las Vegas motorcycle accident lawyer as soon as possible after the accident. An attorney can help manage your insurance claim and be prepared to file a lawsuit if your insurance claim is unsuccessful or does not provide all of the forms of compensation that you need.

If you need to file a personal injury lawsuit, our Las Vegas motorcycle accident lawyers will make sure your claim is filed on time.

Complete a FREE case evaluation

Nevada does not place a limit on economic or non-economic damages following motorcycle accidents. That means there is no limit to the amount of money you can recover in your motorcycle crash claim.

The amount of compensation you recover will depend greatly on the strength of your case and the evidence you and your attorney present.

However, if you are entitled to punitive damages, they will be limited by state law. Punitive damages cannot exceed:

• Three times the amount of compensatory damages if you receive $100,000 or more
• $300,000 if you receive less than $100,000 in compensatory damages

There are exceptions to these rules, though. For instance, these limitations do not apply to claims involving:

• Manufacturers, distributors, or sellers of defective products
• Defendants accused of emitting, disposing, or spilling toxic, radioactive, or hazardous materials, or waste

These exceptions would apply if your motorcycle crash was caused by defective parts on your motorcycle or by a spill on the roadway.

Complete a FREE case evaluation

When motorcycle riders are injured in crashes caused by the negligence of a driver or another party, they are entitled to compensation for all of the damages they have suffered, which could include:

Economic Damages

These are damages that have a defined monetary value, such as:

• Surgeries
• Appointments with doctors
• X-rays
• MRIs
• CT scans
• Blood work
• Property damage
• Lost wages or lost earning capacity
• Transportation in an ambulance
• Cost of travel to medical appointments
• Durable medical equipment, such as wheelchairs, crutches, and canes

If your motorcycle accident claim is successful, you will receive compensation for all past, current, and future economic damages.

Non-Economic Damages

These are damages that do not create specific expenses, such as:

• Emotional suffering
• Physical pain
• Loss of enjoyment of hobbies, exercise, and recreational activities
• Loss of companionship when your injuries affect your relationship with your spouse
• Permanent disability or disfigurement

Our Las Vegas motorcycle accident lawyers know how to accurately document these types of damages, even though they do not create bills or receipts, like economic damages. We will advise you on how to keep a personal account of the emotional issues caused by your injuries, so you have a better chance of recovering fair compensation for non-economic damages.

Punitive Damages

Punitive damages often apply when someone is convicted of driving under the influence. There is NO CAP on punitive damages when someone is guilty of a DUI.

Under Nevada Revised Statute 42.005, you are entitled to punitive damages only in situations where there is clear and convincing evidence that the defendant was guilty of oppression, fraud, or malice.

The purpose of punitive damages is to make an example of and punish the defendant for his or her conduct, not to compensate the plaintiff for damages he or she suffered.

At Henness & Haight Injury Law, we are committed to fighting for all of the compensation you deserve after a motorcycle crash. Our Las Vegas motorcycle accident lawyers know how to compile strong evidence in support of the compensation you deserve.