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.
Capping is Illegal in Nevada
Personal injury lawyers are bound by strict ethical rules when it comes to marketing themselves and getting referrals. The State Bar of Nevada authorizes attorneys to advertise and use legitimate referral networks with clear restrictions on what’s allowed and what’s not.
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
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 up 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.
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.