Nevada DUI accidents often cause fatalities and devastating injuries. So our Las Vegas drunk driving accident lawyers help victims and their families achieve the largest settlement possible to cover all their expenses and more.
1. How big will my settlement be?
Potentially very big. If your Nevada drunk driving accident case goes to trial – and you win – there is no cap on the amount of punitive damages the court can award you.1
This gives you a lot of leverage when negotiating an out-of-court resolution. The defense will likely agree to a very generous settlement to avoid having to pay court-ordered punitive damages.
When our Las Vegas drunk driving accident attorneys settle cases, we seek enough money to cover your compensatory damages:
- all your medical bills;
- car repairs (or a new car if yours was totaled);
- lost wages and lost earning capacity; and
- pain and suffering.
In cases where your loved one died in the accident, we would also seek wrongful death damages for burial expenses, grief and sorrow, and loss of financial support.2
We nearly always achieve favorable resolutions without the time and expense of going to trial. But if necessary, we are always prepared to take your case to a jury and seek out the highest punitive damages award in Nevada history.
There is no punitive damages cap in Nevada drunk driving accident cases.
2. Does it matter if I was partly to blame?
Not necessarily. In Nevada, accident victims can still recover money damages as long as they were 50% or less at fault.3 So even if you were speeding or not wearing a seat belt when the drunk driver hit you, you could still win on a negligence claim.
Note that if the case goes to trial (which is rare), the judge would reduce your award in proportion to your degree of fault. So if you sustained $100,000 in damages – and the court finds you 25% at fault for failing to signal – then you would receive $75,000.
Learn more about Nevada’s modified comparative negligence laws.
3. How long do I have to sue?
Nevada’s statute of limitations to bring a negligence lawsuit in drunk driving accident cases is two years after the crash.4
But do not delay in finding a Las Vegas drunk driving accident attorney. Valuable evidence such as surveillance video may be erased within a few days. Eyewitness accounts are more credible the closer they are to the crash. And your legal team may want to have an accident reconstruction expert examine the vehicles before they get repaired or crushed.
4. Can I press criminal charges, too?
Nevada law enforcement is trained in how to detect DUIs, so the police who attend your crash scene will likely arrest the drunk driver right away. The criminal case will proceed independently of any civil lawsuit you bring.5
Even if the drunk driver manages to win their criminal case and not get convicted of DUI, you can still win your negligence lawsuit. If your case goes to trial, all our Las Vegas drunk driving accident lawyers need to prove is:
- The defendant (drunk driver) had a duty of care towards you (which was to drive safely);
- The defendant breached this duty of care (by driving unsafely); and
- This breach caused your injuries (the crash).
Furthermore, your burden of proof is only “by a preponderance of the evidence.” In other words, that it is more likely than not that the drunk driver caused your injuries.6
This is a much lower burden than in criminal court, where defendants have to be proven guilty beyond a reasonable doubt.
Drunk driving accidents can cause brain injuries, spinal cord injuries, and death.
5. What if the drunk driver died?
If the drunk driver who crashed into you or your loved one in Nevada died from the accident, you can still bring a negligence lawsuit against the drunk driver’s estate.
6. Can I also sue the bar where the driver got drunk?
No. Nevada bars, casinos, and other “purveyors” of alcohol are not liable for DUI accidents by their customers.7
7. Do I need a lawyer?
If you or your loved one was injured by a Nevada DUI crash, the drunk driver’s insurance company will try to lay the blame on you or make the case go away with a settlement offer that is much lower than you deserve.
Our experienced Las Vegas drunk driving accident lawyers are used to dealing with insurance defense firms and know their tactics. We aggressively investigate, negotiate, and litigate each case until we achieve the best possible settlement.
And since we operate by contingency fee, we do not get paid unless we win your case.
Legal References
- NRS 42.010.
- NRS 41.085.
- NRS 41.141.
- NRS 11.190.
- NRS 484C.110. See also Cromer v. Wilson, (2010) 126 Nev. 106, 225 P.3d 788, 126 Nev. Adv. Rep. 11.
- See Johnson v. Egtedar, (1996) 112 Nev. 428, 915 P.2d 271 (1996).
- NRS 41.1305.