Ever heard of an ambulance chaser? It’s a term used to describe personal injury lawyers who approach accident victims uninvited and encourage them to retain their services. It’s unprofessional, unethical, and illegal in Nevada. But it also happens more than you think.
Today, you’re less likely to be approached personally by an actual lawyer. However, you could be solicited by someone paid by an attorney to urge you to call their law firm. These non-attorneys are called cappers and act as agents to bring the firm business.
What Are Illegal Personal Injury Attorney Referrals?
Illegal personal injury attorney referrals happen when a non-legal person, tow truck driver, ambulance driver, detention facility employee, or even a medical professional is paid to steer an injured person toward a specific attorney. Many states, including Nevada, ban this practice because it harms clients and leads to unethical and illegal behavior.
Nevada law is clear: only attorneys or law firms may refer cases in accordance with the approved rules of professional conduct. Non-lawyers are prohibited from contacting accident victims after an incident to promote their legal services. When someone is paid to refer cases, it creates a conflict of interest and may put the injured person on the wrong side of the law without knowing it.
Capping is Illegal in Nevada
The state bar considers solicitation by attorneys through non-attorneys to be a violation of ethical rules. This is not just about lawyer advertising or attorney advertising. It is about protecting accident victims from being exploited when they are most vulnerable.
Capping is different. It falls under the category of unlawful solicitation and is against the law. Nevada law NRS 7.045 prohibits anyone from trying to influence a personal injury victim to contact a particular attorney for help with their claim. Specifically, the law states that an individual cannot approach a victim:
- At the scene of a traffic crash
- At a jail or detention facility
- At a medical facility or other place where a healthcare worker provides treatment
- Within 72 hours of when the incident occurred
Illegal referral fees and other communications directed at a specific recipient right after a crash often pressure victims to sign a contract quickly. They may not receive all the details about fee schedules, compensation, or what other firms might offer.
A person who falls victim to capping can take legal action against the attorney who duped them. Not only will their contract be void, but the victim can also pursue financial compensation and the state can file criminal charges.
How to Recognize Capping
Cappers may hide in plain sight and try to take advantage of you when you are most vulnerable. Here are possible signs of illegal solicitation:
- A tow truck driver at the scene of a car accident suggests a particular attorney or firm.
- A witness to the accident approaches you and offers a referral.
- Someone at the crash site refers you to a doctor or an attorney.
- An auto repair shop recommends a personal injury law firm to you.
- Paramedics tell you they know a good lawyer while you’re in the ambulance.
- Someone who is not treating your injuries approaches you at the hospital to talk about what happened.
- A supposed Good Samaritan has a stash of a lawyer’s business cards ready to hand out while you are at the scene.
Not everyone who recommends a lawyer to you is acting in bad faith. But it’s wise to be wary and take the time to research prospective personal injury attorneys yourself.
Ethical Ways to Find a Personal Injury Law Firm to Prevent Illegal Solicitation
Finding a law firm should be based on trust and transparent attorney advertising, not shady referrals. You can:
- Search online for “personal injury attorneys in Nevada” and check reviews.
- Ask previous clients or friends for referrals who are not paid to refer cases.
- Contact the state bar for a lawyer referral service that adheres to the rules of professional conduct.
- Meet with injury lawyers, review contracts carefully, and compare fee schedules before making a decision.
Why Honest Representation Matters
Hiring a personal injury law firm ensures your claim is handled correctly and that you have a strong chance of fair compensation for your injury, property damage, and other losses. Unethical or illegal referral practices can jeopardize your entire claim.
A law firm that follows professional conduct rules will communicate openly, explain your rights, and provide all the details you need before you sign anything. This protects you from getting involved in illegal behavior that could harm your case.
How THE702FIRM Injury Attorneys Can Help
Unfortunately, capping is a common practice in Las Vegas. Cappers prey on people during stressful times, all in the name of potential profit.
At THE702FIRM Injury Attorneys, we believe you deserve an honest and experienced lawyer who doesn’t play games. We encourage you to interview more than one personal injury law firm before settling on the attorney who’s right for you. Most firms, including ours, offer free consultations with no obligation.
If you suffered injuries in an accident, contact us today for a no-cost case review with one of our trusted personal injury lawyers.
