Great news! If you feel that there is a conflict of interest with your insurance company, you can hire an independent attorney to represent you and ask them to pay for it. There are certain factors that must be present in order to qualify for this, but if you feel that your insurance company is not treating you fairly or if you think something feels strange or off with your legal representation, you should consult with an independent lawyer and discuss your case.

Who Qualifies for an Independent Attorney?

There must be a conflict of interest with the current attorney representing both you and the insurance company. This is where it can get confusing. Essentially, a conflict could arise if the attorney’s representation of the insurance company meant that they were more focused on attending to or promoting their needs over yours. In this way, if an attorney representing the insurance company meant that you could be harmed by receiving less than adequate representation, you could hire your own instead. A real life example would be if your insurance company decides that it wants to deny you coverage for some reason. They could claim late payment, etc., but if they move to deny coverage, you are entitled to your own attorney because their attorney could not sufficiently represent you when your interest and the insurance company’s interest are opposed.

How Will I Know If There Is a Conflict?

Your insurance company will send you communication that lets you know they are investigating your claim to see whether you qualify for coverage. If you receive this type of letter, you should seek out your own attorney. You may also want to do so if the insurance company lets you know that they are investigating whether or not you were at fault for the accident. Any communication that indicates they are looking into your actions or determining whether or not you have coverage should prompt you to hire an independent attorney because this is a clear sign of conflicting priorities.

Do you know someone who was denied insurance coverage? If you do, share this blog post with them. Most people have no idea that they have the right to hire an independent attorney. People in this situation often feel as though they have no options. The truth is very different. Not only can you hire an attorney, but the insurance company might be obligated to pay for it.

If you are going to trial, it helps to know how expert testimony works in a Nevada injury case. It is common to have an expert witness testify, and clients often ask who can be considered an expert. There are set guidelines that must be considered when deciding who can be an expert because that person’s testimony is supposed to be factual and help a judge or jury make decisions.

Who Is Qualified to Be an Expert Witness?

An expert witness needs to be an “expert” in a very specific area. For example, a doctor would be an expert when it comes to your health. To qualify, they must have:

• Formal education (college degree, etc.) in that particular field
• A license
• Job experience (they have to practice their education and training outside of just learning about the subject)
• Hands-on or practical experience

Think about it this way: someone who watches medical dramas could not testify about your health condition. A doctor who is actively practicing medicine and has treated you, can. If you want some additional expert testimony to confirm your doctor’s assessment, you will want someone who not only practices medicine but is published or has earned a stellar reputation based on their verifiable accomplishments.

Things to Consider

In addition to being qualified as an expert witness, there are limitations to what they can discuss on the stand. An expert can only testify to things within their field of expertise. For example, a chiropractor could testify about injuries to your spine or soft tissue, but they are not an expert in concussions and would not be able to provide valuable testimony to a head injury.

An Expert Witness Must Provide Relevant Testimony

The purpose of their testimony is to shed light, clarity or to provide additional and useful information for the judge or jury to consider when making a determination. Their testimony needs to be relevant and useful. This is in your best interest as well. For example, if you are claiming that you suffered a back injury so severe that you cannot work because sitting at the computer causes pain, you want an expert to explain what happened in a way that a judge or jury can understand. You want a chiropractor, for example, to explain how the spine works, how it was impacted by the accident, and what changes have occurred since then. By shedding light on the situation, they can help make your case.

Who would you want to be an expert witness at your trial?

Have you thought about hiring an expert witness? Who would you hire, and why?

If you have filed a Nevada injury case and are thinking about filing for bankruptcy, don’t do it without speaking with your injury attorney. Filing for bankruptcy can and will impact your pending case, so it is important to have a strategy in place that will protect your assets. If you have already filed for bankruptcy, let your injury attorney know quickly so they can work with you to adjust plans as necessary.

How Declaring Bankruptcy Can Impact Your Nevada Injury Case

When you file for bankruptcy, all of your assets become part of the estate. For example, your checking account, any money you are owed in commissions, your home, cars, and your personal injury claim all become part of the estate. The court has the ability to decide what happens to everything inside of your estate, so once you file, you do not have the freedom to make choices like selling your car — not without prior approval of the trustee (court).

Bottom Line: You do not control your money, property, or other assets once you have filed for bankruptcy. While they are still yours, the court gets to decide what happens to them.

Warning!

#1 – When you file for bankruptcy, your personal injury claim becomes part of the estate, and the trustee is the one who selects what lawyer will represent you. The only way to be certain that you can keep your same lawyer is to file after your injury case is settled.

#2 – Your creditors will benefit from any money you receive from your personal injury case. Whether you settle or go to court, whatever you are paid will become the property of the estate and can be used to pay off creditors. The work you put into going to trial or preparing for the case could end up benefitting your credit card company.

#3 – You must disclose your personal injury case when filing for bankruptcy. Hiding it is illegal.

Filing for Bankruptcy Creates Complications

Declaring bankruptcy in a Nevada injury case creates all sorts of complications. Since your claim moves from you to the estate, you become almost like a bystander or inactive participant. The trustee is the one who gets to hire the attorney, and the trustee has the only say over how the case is to be handled. It is a strange concept that can become fairly uncomfortable for all involved. What you need to be aware of is that the trustee’s duty is to your creditors and not to you. The personal injury lawyer you hired initially has a duty to you. The difference is an important one when it comes to watching out for your best interests. With that in mind, you should carefully consider if and when you want to file for bankruptcy if you have a pending injury case.

Bankruptcy can be complicated. Do you know anyone who has filed for it while in the middle of a lawsuit? What happened? Share your story here!