How a Yerington Attorney Can Negotiate an Injury Settlement
Yerington Nevada is just a small little town out in the middle of nowhere and that’s just how we like it. We are far away from the hustle and bustle of the major Nevada cities like Las Vegas and Reno. With Yerington being the seat of Lyon County, we are the home of the Third Judicial District Court of Nevada. That means that all divorces, felony criminal cases and most other civil claims that occur in all of Lyon County are held right here at our little courthouse.
That is why you will find yourself a Yerington attorney right here in town and likely not elsewhere in Lyon County. While you will rarely see a Lyon County court case on the news, divorces, felony criminal cases and personal injury cases happen here all the time. In fact, many of your neighbors have likely taken to the internet searching for a Yerington attorney at least once in the recent past.
Personal injury cases may be one of the least common civil cases that will be heard at court, but they still do happen occasionally. The reason they are not very common is because the majority of injury cases are settled before they even make it to trial. An experienced Yerington injury lawyer will know all of the tricks that the insurance agencies will try to pull on you to try to shortchange you on your compensation and will know exactly how to present the evidence, so they have no choice but to pay you a fair settlement.
If you have been injured, it can be sometimes difficult to know if there is a possibility of getting compensation. In lieu of sitting down with an injury lawyer, we have put together some information to help you understand when you may be entitled to compensation, and just how a Yerington attorney can negotiate a payout on your behalf.
How to Know if You Are Eligible for Compensation
Just getting injured doesn’t automatically entitle you to compensation from the insurance agencies. If everybody who broke their toe on the coffee table on their way to the bathroom at 3am got a cash payout from insurance, the insurance agencies would be put out of business in a months’ time.
An insurance claim can be filed against an insurance agency when there is clear and convincing evidence that shows that the insured person, is directly responsible for causing your injury. This means that you are claiming that another person is “liable” for causing your injury, and this person caused your injury through either negligence or intent.
Examples of this include someone texting while driving and then crashing into your car causing an injury, or an employee at a restaurant failing to put up a wet floor sign after mopping, which leads you to slipping and falling while entering the restaurant. In these situations, a Yerington attorney can send what’s called a “demand Letter” to the insurance agency of the person or entity who is liable for your injury.
This demand letter includes all of the evidence complied that shows that it was their insured that was responsible for the injury you suffered, the extend of that injury, along with all of the hospital and doctor bills, an accounting of all lost wages, pain and suffering and lost experiences with friends and family that resulted in the injury.
There are situations where determining the liable party isn’t as easy to do. For instance, in the case of a multi car pileup, if you were injured due to multiple auto accidents that happened simultaneously, it would be difficult to determine just who was responsible. Or in a medical malpractice case, while it may be easy to try to blame the doctor, there are many different factors that may have led up to the incident such as improper prep of the surgery room, an error in the application of anesthesia and others.
Of course, if you are directly responsible for your injury, there may be little chance you could sue your insurance agency for damages. The only way this would be possible is if your insurance plan had some kind of temporary disability option, that the insurance agency is refusing to pay.
The Negotiation Process
After your Yerington attorney has sent the demand letter to the insurance agency, the negotiation process will begin. It is during this phase that the insurance agencies will refer your case to their legal department and their lawyers will begin to negotiate with yours. The insurance agencies lawyers will demand that your attorney send them any and all evidence that shows liability, and depending on the amount of evidence, they will determine what kind of a chance they would have if they refused to pay, and the case went to court.
Its all about profit and loss to the insurance companies. If they paid out a fair and reasonable dollar amount on each and every claim, they would make very little money. On the other hand, if they shortchanged each claim, most of those claims would wind up at trial and they would have to pay the immense amount of money that trials cost.
So, the insurance companies are very selective with the cases that they pay a fair settlement to. An experienced lawyer will know all of this, and they will use a trial as a bargaining chip when negotiating a settlement.
After all the evidence has been provided, a good lawyer will make it seem to the insurance agencies that their only move is to pay you what is fair and right, because if they do not, they will have to spend twice that amount of money on a trial that they will not win.
Yerington Attorneys at Justice Law Center
At Justice Law Center, our team of expert personal injury attorneys have been fighting for the rights of the people of Yerington for over 25 years. A lot of the major insurance agencies will try to take advantage of folks from small towns like Yerington, because they think that they do not know what their rights are in a personal injury case.
If you have been injured, and someone else is at fault, we will fight for you to get what is right and fair for your family. If you try to go it alone, you could be buried in medical debt and lost wages. You need an experienced Yerington attorney on your side.
Call us today for a free consultation.
Josh Nay is a writer and paralegal with over 10 years of experience in personal injury cases, family law and criminal defense.