Most people have never been through a personal injury claim before. The process sounds intimidating, the timeline feels uncertain, and the legal terminology doesn’t help. What actually happens when you pursue a claim in Nevada is far more straightforward than it’s made out to be — but it does move through distinct stages, and knowing what each one involves makes the whole thing less overwhelming.
Here’s what the process looks like from start to finish, what your attorney handles at each stage, and what you should realistically expect along the way.
Stage One: The Free Consultation and Case Evaluation
This Is Where Everything Begins
Before any claim is filed, an attorney reviews the facts of your situation. At Howard Injury Law, that conversation is free, available 24/7, and comes with no obligation to hire. Glen Howard reviews what happened, who was involved, what your injuries are, and what evidence currently exists.
What comes out of that evaluation is a realistic picture of your case: whether liability is clear, what your damages look like so far, and what the likely path forward involves. Some cases are straightforward from the start. Others require additional investigation before the full picture emerges. Either way, the consultation gives you actual information — not a generic sales pitch.
If you decide to move forward, your attorney takes over all communication with the insurance company from that point on. You stop talking to adjusters directly. That alone changes the dynamic of the entire claim.
Start that conversation at Howard Injury Law’s Free Case Review page.
What You Should Bring to That First Conversation
The more information you can share early, the faster the evaluation moves. Useful items include the police report, photos from the scene, any medical records or bills you’ve received so far, insurance information for all parties involved, and notes on what happened while the details are still fresh.
You don’t need everything organized perfectly. Your attorney works with what you have and identifies what still needs to be gathered.
Stage Two: Investigation and Evidence Building
Your Attorney Builds the Foundation of Your Case
Once you’ve retained legal representation, the investigation phase begins. This involves collecting and preserving all evidence that supports your claim: the full police report, medical records, witness statements, surveillance or traffic camera footage, vehicle damage assessments, and in more complex cases, expert analysis or accident reconstruction.
Evidence has a shelf life. Footage gets overwritten. Witnesses become harder to locate. Physical conditions at the scene change. Acting quickly during this phase protects the strength of your claim — which is one of the reasons waiting too long to hire an attorney creates real problems.
The Insurance Company Is Running Its Own Investigation
While your attorney builds your case, the opposing insurer is conducting their own investigation. Adjusters are reviewing the police report, requesting medical records, evaluating repair estimates, and looking for anything that shifts liability or reduces what they’ll have to pay.
This is also when requests for recorded statements typically arrive. You are not required to provide a recorded statement to the at-fault driver’s insurer, and with legal representation, all of those requests go through your attorney. Understanding what investigators look for — and how those requests are used — is covered in detail in our post on what insurance companies don’t want you to know after an accident.
Stage Three: Medical Treatment and Maximum Medical Improvement
Your Health Drives the Timeline — and the Value
One of the most important things that happens during a personal injury claim is something that happens outside the legal process entirely: you get better. Or you reach the point where your medical team has done everything they can and your condition has stabilized. That point is called maximum medical improvement, and it’s a critical milestone.
Settling before you reach maximum medical improvement means settling before your total medical costs are known. Future treatment, ongoing therapy, specialist care, and long-term impact on your ability to work are all part of what a fair settlement accounts for. None of those numbers are accurate until your medical picture is complete.
Your attorney tracks this timeline and advises on when the documentation is strong enough to begin serious negotiations. Rushing that process — often because of financial pressure from accumulating bills — is one of the most common ways injury victims leave significant money behind. Read our post on why insurance companies make quick settlement offers to understand why insurers push hard for early resolution.
What Gets Documented During Treatment
Every medical record generated during your treatment becomes evidence. Diagnoses, treatment plans, referrals, therapy notes, surgical records, prescription history, and billing statements all contribute to the documented value of your claim. Consistent treatment — no unexplained gaps — supports the causation argument that ties your injuries directly to the accident.
Gaps in treatment give insurance companies room to argue your injuries weren’t serious or weren’t related to the crash. Staying consistent with your care protects both your health and your claim.
Stage Four: The Demand Package and Negotiations
Your Attorney Makes the First Move
Once your medical treatment is complete or your condition has stabilized, your attorney compiles a demand package. This is a comprehensive document that presents the full value of your claim: every medical bill, lost income, projected future costs, property damage, and a calculation of non-economic damages including pain and suffering.
The demand is sent to the insurance company with a requested settlement amount. That number reflects what your case is actually worth — not what the insurer hopes you’ll accept.
Negotiations Are Not a Single Conversation
The insurance company reviews the demand and responds — usually with a counteroffer lower than what was requested. Your attorney evaluates the counteroffer against the documented evidence and responds accordingly. This back-and-forth continues until both sides reach an acceptable number or negotiations break down entirely.
Having an attorney who is genuinely prepared to litigate changes how the other side negotiates. Insurers track which attorneys settle everything and which ones take cases to trial. Glen Howard’s background in insurance defense means he understands exactly how the other side evaluates risk — and that knowledge influences what they put on the table.
Most personal injury claims in Las Vegas resolve during this negotiation phase. A trial is never guaranteed, but the credible threat of one is often what produces a fair result without needing a courtroom.
Stage Five: Settlement or Litigation
When a Settlement Is Reached
If negotiations produce an acceptable number, your attorney presents the settlement offer to you with a clear explanation of what it covers. You make the final decision — not your attorney. Once you agree, you sign a release of liability and the claim is formally closed.
Your attorney then handles the disbursement: paying any outstanding medical liens, covering legal fees per the contingency agreement, and distributing the remainder to you. That process typically takes a few weeks after the release is signed.
Before signing anything, understand exactly what the release covers. A signed release is permanent. There is no reopening a closed claim if complications arise later — which is why settling before your medical picture is complete carries real risk. Our post on whether to accept the first settlement offer from insurance explains what that document actually means and why the timing matters.
When Negotiations Fail and Litigation Begins
If the insurance company’s best offer doesn’t reflect the actual value of your claim, your attorney files a lawsuit. Filing a lawsuit doesn’t mean you’re going to trial — the majority of cases that enter litigation still settle before a jury ever hears them. What filing does is escalate the process and signal that your attorney is serious.
Once a lawsuit is filed, the case enters a phase called discovery. Both sides exchange evidence, request documents, and conduct depositions — formal recorded interviews of the parties and witnesses under oath. Discovery often surfaces information that strengthens your position or reveals weaknesses in the insurer’s arguments.
After discovery, many cases settle during mediation — a structured negotiation process with a neutral third party. If mediation doesn’t resolve the case, a trial date is set. Trials involve opening statements, witness testimony, expert opinions, and closing arguments before a judge or jury. The entire litigation process can take anywhere from several months to over a year depending on court scheduling and case complexity.
How Long Does Pursuing a Claim Actually Take?
The Honest Answer Is: It Depends
Simple claims with clear liability, cooperative insurers, and complete medical documentation can resolve in a few months. Complex cases involving serious injuries, disputed liability, multiple parties, or litigation can take a year or more.
Nevada’s statute of limitations gives most personal injury victims two years from the date of the accident to file a lawsuit. That deadline exists regardless of where negotiations stand. Your attorney monitors that timeline and ensures the legal option stays open while the claims process plays out.
Delays in the process aren’t always passive. Insurance companies sometimes use time as a tactic — requesting additional documentation, asking redundant questions, and stalling in hopes that financial pressure pushes you toward accepting less. An attorney who recognizes those patterns can apply pressure, formalize communications, and make clear that delay has consequences.
How Lawyer Fees Work — What You Actually Pay
Nothing Upfront. Ever.
Personal injury attorneys work on contingency. Howard Injury Law charges no upfront fees, no hourly rates, and no retainer. If your case doesn’t result in a recovery, you owe nothing. The fee is a percentage of what’s recovered, and it’s discussed clearly at the outset so there are no surprises.
The contingency structure matters for one important reason: your attorney’s financial outcome is tied directly to yours. Getting you the best possible result isn’t just professional obligation — it’s how the arrangement works.
Frequently Asked Questions
How long does it take to settle a personal injury claim in Las Vegas?
Most straightforward claims settle within three to six months of completing medical treatment. Cases involving serious injuries, disputed liability, or litigation take longer — often a year or more. The timeline depends on how quickly medical treatment concludes, how cooperative the insurance company is, and whether litigation becomes necessary.
What damages can I claim in a Nevada personal injury case?
Nevada allows recovery for economic damages — medical bills, future treatment costs, lost wages, reduced earning capacity, property damage — and non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly reckless conduct, punitive damages may also be available.
What is a deposition and will I have to give one?
A deposition is a formal recorded interview conducted under oath during the discovery phase of litigation. Both parties and key witnesses typically give depositions. Your attorney prepares you thoroughly before any deposition occurs. The opposing attorney asks questions, your attorney can object, and everything is transcribed. Depositions often become important leverage points in settlement negotiations.
Do most personal injury cases go to trial in Nevada?
No. The large majority of personal injury cases settle before reaching trial — many during the negotiation phase, and most of the remainder during litigation or mediation. Trial is always a possibility, and having an attorney prepared to go that route matters. But most clients never see a courtroom.
Now You Know What’s Coming — the Next Step Is Yours
Pursuing a claim isn’t a leap into the unknown. Each stage has a purpose, a timeline, and a clear role for your attorney. Your job is to focus on your recovery and give your legal team what they need to build the strongest possible case.
What trips most people up isn’t the process itself — it’s waiting too long to start it. Evidence disappears. Statements get made. Offers get accepted before the full picture is clear. The earlier you get legal guidance, the more options you have.
A client we worked with came to Howard Injury Law after weeks of handling his own claim following a crash on Flamingo Road. He’d already spoken with the adjuster several times and was close to accepting an offer. After reviewing everything, we took over communications, identified damages he hadn’t accounted for, and reached a result that was substantially higher than the number he’d been about to sign away. The process wasn’t fast — but it was worth doing right.
If you’ve been injured and you’re not sure what pursuing a claim actually looks like for your situation, start with a free case review at Howard Injury Law. Glen Howard walks you through it directly — 24/7, no cost, no obligation.
For more on how to protect yourself during the process, read our post on what insurance companies don’t want you to know after an accident. And if you’re weighing whether your case is even worth pursuing, our post on how to know if your injury case is worth pursuing breaks down the four factors that answer that question.
