Understanding the Nevada Personal Injury Claim Process
If you have suffered an injury in Nevada due to another party's negligence, you may have a personal injury claim. Going through the personal injury claim process allows injured victims to seek compensation for damages like medical bills, lost income, and pain and suffering.
While no two personal injury claims are exactly alike, most follow a similar path in Nevada. Here is an overview of how the personal injury claims process works in Nevada and what you need to know at each stage if you want to file an injury claim.
Investigating Your Injury Claim
The first step after any accident or injury should be seeking proper medical care right away. Not only is this vital for your health, but prompt medical treatment also documents your injuries—a key piece of evidence if you later decide to file an injury claim.
Once you tend to any immediate medical needs, the next step is conducting a thorough investigation of your potential injury claim. It is essential to gather as much evidence and documentation surrounding the accident as possible when your memory is still fresh. Critical information to collect can include:
- Date, time, and exact location of the accident
- Any available photos or videos from the accident scene
- Contact details for witnesses
- Police reports, if officers responded
- Medical records related to accident injuries
- Proof of related expenses like medical bills and auto repair invoices
It is also helpful to record the precise details you remember about how the accident occurred while they are still clear in your mind. All this evidence and documentation will become crucial when trying to prove the negligence of the other party.
Evaluating Liability
After gathering information related to the accident and your injuries, the next phase is determining if the other party was legally liable (or responsible) for causing your damages.
In personal injury law, liability often comes down to negligence—when an individual or entity fails to act with reasonable care and directly causes injury to someone else as a result. Common examples of negligence in personal injury cases can include:
- Driver that runs a red light and T-bones another car
- Property owner failing to clear ice from sidewalks
- Doctor providing improper medical treatment
If you can show the other party acted negligently and did not uphold an expected standard of care, this helps prove the fact that they deserve to be held liable for your associated damages.
Experienced Nevada personal injury lawyers can evaluate all the specifics of your accident and advise if they believe you have a case where the other party should be considered legally liable based on negligence principles.
Filing Your Nevada Personal Injury Claim
In Nevada, you must file any personal injury lawsuit within two years from the date of the accident or injury. This is known as the “statute of limitations.” Take this deadline seriously, as waiting longer than two years forfeits your right to take legal action.
It is smart to have Nevada injury lawyers help with officially filing your personal injury complaint with the appropriate Nevada state court—either at the district or justice court level based on claim specifics. The detailed complaint initiates the lawsuit and outlines exactly how the defendants’ negligent actions directly caused your injuries and damages.
The complaint also indicates how much compensation you plan to seek from the defendant through the court proceedings. These requested damages should cover all your related losses supported by evidence gathered during your investigation.
Entering Settlement Negotiations
After filing a personal injury complaint, the next stage is often exchanging information between parties through legal discovery (like depositions, interrogatories, document requests, etc.). Settlement negotiations also frequently take place early on in the process to see if an agreeable compromise can be reached without protracted litigation.
Having assertive car accident lawyers Nevada on your side tends to give clients greater leverage during these negotiations. An experienced personal injury attorney can accurately calculate the full compensation owed and aggressively negotiate to secure a satisfactory settlement offer. If a fair settlement deal cannot be reached, the case proceeds to trial.
Taking Your Case to Trial
If settlement talks fail and the defense disputes liability, the Nevada personal injury case may end up at trial before a judge or jury. Each side presents arguments, evidence, and testimony in the courtroom, aiming to convince the jury of their position regarding fault and damages owed.
Having a powerhouse litigator arguing your case can make all the difference here. An adept injury lawyer knows how to thoroughly prepare clients for testimony, effectively examine witnesses, convincingly convey arguments to the jury, masterfully object to improper evidence, and follow all proper legal protocols. Their litigation experience and thorough understanding of Nevada’s personal injury laws tips the scales to favor an injured plaintiff.
Appealing the Verdict
After the trial concludes, the judge or jury reaches a verdict deciding if the defense is liable for damages to the plaintiff. If they find in favor of the injured victim, they also award a specific dollar amount to cover confirmed losses.
In some cases, a party may be unhappy with the ultimate verdict and believe the judge or jury made a wrong decision regarding liability, damage amounts, or an issue related to case procedures. When this occurs, they can file an appeal to have a higher Nevada appellate court review the case details to check for any trial errors significant enough to change the judgment.
Having Karns & Karns Personal Injury and Accident Attorneys in your corner for help navigating Nevada’s complex personal injury claim process after an accident can make all the difference in maximizing the compensation you rightfully deserve. Reach out today to schedule a free case evaluation!
