Frequently asked questions
There is no requirement that an injured party has to hire an attorney. In most personal injury cases, the insurance carrier of the at fault party will try to immediately contact the injured party to reach a settlement for low value before the injured party retains an attorney. Insurance carriers do this on purpose because they will statistically save more money by settling the case early with a non-represented party before the non-represented party knows the true value of their injury claim. In most cases, you need a strong team consisting of an attorney and staff to achieve the results you want. We have both at Menocal Law Group.
This is a very common question that attorney David Menocal likes to address in his initial consultation with a new client. He will tell clients that other law firms who guarantee the value of your case in your first conversation with them are likley lying to you. It is generally too difficult to estimate the value of an injured party’s case in the very beginning for two reasons: 1) Unless you are certain that the at fault party has high insurance coverage (it was a UPS or FedEx truck), their insurance limits are normally unknown immediately after an injury takes place; 2) In most cases, an injured party does not know the extent of their injuries until after months or potentially years of treatment. For that reason, every case is different, which means settlements will be too.
Unfortunately, this is what the average law firm does and the clients are left with no trust and a sense that their cases are in limbo. At Menocal Law Group, David Menocal takes pride in making himself ALWAYS available. He tells clients that he has exceptional case managers, who have worked closely together with him for several years. We have achieved multiple milllion dollar settlements as a team, but David has primary communication with the clients from A-Z, which sets Menocal Law Group apart from the rest.
Absolutely. No money is due up front and Menocal Law Group can only collect fees and costs if we win the case. This is called a “contingency fee”. This provides even more incentive to go the extra mile for our clients.
Yes. There is a large network of doctors who treat personal injury patients on a lien, which means that the medical bills will be paid upon settlement of the case. Our firm will help find the closest and most qualified medical providers for you by providing several options to choose from.
Menocal Law Group has been very successful in obtaining settlements in an efficient amount of time. However, there is never a guarantee that your case will settle and there is no fixed time frame in determining the length of a personal injury case. Once again, every case is different. This is due to variables such as the amount of insurance coverage, nature/extent of injuries, and whether or not the insurance company of the at fault party is being reasonable in their evaluation of our client’s injury claim.
It is not supposed to under Nevada law. If your insurance premium increases after an accident that was not your fault, then you should immediately call your insurance and ask the reason why the premium increased. If they tell you that it was due to using your Uninsured and Underinsured Motorist Coverage, then you should immediately call Menocal Law Group because you may be entitled to compensation against your own insurance under the Nevada Revised Statutes (NRS).
This really depends on the amount of available insurance coverage and the amount of medical bills that an injury party has already incurred. Generally speaking, there is a big misconception that treating less with medical doctors yields more compensation. Insurance companies mainly consider the amount of medical bills and length of treatment when evaluating someone’s injury claim.
In most cases, the common claims are for medical bills, pain and suffering, and wage loss. If there is enough insurance coverage, these claims may also apply to the future if someone has not fully recovered from their injuries. In some car accident cases, our firm will also handle the diminished value of a client’s vehicle depending on the make and model of the car. Diminished value is the difference between what the pre-accident car was worth and the market value of the post-repair car.
We like to describe it as “How was your life affected/altered after your injuries”? The best way for our clients to come up with examples is to have them describe their daily routine starting from the moment they wake up in the morning to falling asleep at night. Every single thing that is different in your routine caused by your injuries is an example of pain and suffering. The more a client can articulate the changes in their life after being injured provides a basis for a higher pain and suffering claim.
This is because there is no magic formula for calculating pain and suffering. You cannot quantify it like you can with medical bills and wage loss.
Every personal injury firm is different. Upon settlement, some firms will end up receiving more in attorney fees than the client’s compensation. At Menocal Law Group, we NEVER take more money than the client and that policy is included in our contract. Clients have to deal with enough stress after an injury and their last concern should be their attorney receiving more compensation than them.
This is the most crucial coverage to have on your insurance policy with your own insurance company. In Nevada, if you have Uninsured Motorist Coverage on your policy, Underinsured Motorist Coverage is included. Unfortunately, the State of Nevada does not require people to carry these coverages, so most people reject it with their insurance companies because they think their monthly premiums will significantly increase. Uninsured Motorist Coverage gives you the ability to make an injury claim against your own insurance should the at fault party not have any insurance at all. Underinsured Motorist Coverage allows you to collect from the at fault party’s insurance as well as your own insurance company if the at fault party’s insurance coverage is not sufficient to cover your medical bills, pain and suffering, and wage loss.
No. In Nevada, insurance companies are required to offer their clients Uninsured and Underinsured Motorist Coverage. If a client declines this coverage, then the insurance company must then have the client sign a rejection waiver as proof that the coverage was offered to them. Insurance companies want people to think that adding these coverages will make your monthly premium skyrocket. This is false. If you do not have this on your policy, please call your local insurance agent for details on adding these coverages.
David studied law at Georgia State College of Law and University of Nevada, Las Vegas, Boyd School of Law, earning his Juris Doctor in 2013. He was admitted to the Nevada State Bar and the United States District Court, District of Nevada, in 2013. He primarily practices in the areas of Personal Injury and Criminal Defense.
David is fluent in English and Spanish. His unique Cuban heritage has always been special to him. David’s ancestry includes his Uncle Mario Garcia-Menocal, who was Cuba’s Third President from 1913-1921. He is also a descendant of Jose Marti, who is the most influential figure in Cuban history and was central to Cuba’s independence from Spain in 1898.
Miami Attorney FAQs – Clear Answers to Common Legal Questions
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