‘What is litigation? If you’ve been injured in an accident in Nevada, you might hear the term “litigation” as you start your path toward recovery and justice. In personal injury law, litigation is a structured legal process that helps injured people seek compensation when negotiations with insurance companies or responsible parties fail. It’s the legal process of filing a lawsuit and pursuing it in court. Understanding what litigation means, how it works, and what to expect can help you make informed decisions about your personal injury case.
What is Litigation?
Litigation is the formal process of resolving a legal dispute in court. In personal injury law, litigation happens when you and your attorney file a lawsuit against the person or company responsible for your injuries. This process allows both sides to present their evidence and arguments before a judge or jury, who will then decide the outcome of your case.
Litigation is different from simply filing an insurance claim or negotiating a settlement. While many personal injury cases in Nevada settle out of court, some require litigation to achieve a fair result. Litigation can be time-consuming and complex, but it is sometimes necessary to get the maximum compensation you deserve.
Why Does Litigation Happen in Personal Injury Cases?
After an accident, most people hope to settle their claims quickly and fairly. Unfortunately, insurance companies may offer less than your case is worth, or deny your claim altogether. When negotiations break down, litigation becomes the next step. In Nevada, litigation gives you a legal avenue to demand accountability and fair compensation for your injuries, medical bills, lost wages, and pain and suffering.
The Litigation Process in Nevada Personal Injury Law
Litigation in Nevada follows a series of steps. Here’s what you can expect if your personal injury case goes to litigation:
1. Initial Consultation
The process begins with a free consultation with a personal injury lawyer. During this meeting, you’ll discuss the details of your accident, your injuries, and your goals. The attorney will assess whether your case has legal merit and explain your options.
2. Investigation
If you decide to move forward, your lawyer will investigate your case. This involves gathering police reports, medical records, witness statements, and other evidence to build a strong claim.
3. Demand Letter
Once your attorney has collected enough evidence, they will send a demand letter to the responsible party or their insurance company. This letter outlines your injuries, damages, and the compensation you’re seeking. Sometimes, this step leads to a fair settlement without needing to file a lawsuit.
4. Filing the Complaint
If negotiations fail, your attorney will file a formal complaint in court. This document explains your allegations, the legal reasons for your claim, and the damages you seek. Filing the complaint officially starts the litigation process in Nevada.
5. The Discovery Phase
Discovery is a crucial part of litigation. Both sides exchange information, documents, and evidence related to the case. This phase may include written questions (interrogatories), requests for documents, and depositions (sworn statements). Discovery helps both parties understand the strengths and weaknesses of each side’s case.
6. Settlement Negotiations and Mediation
Even after a lawsuit is filed, many cases settle before going to trial. With all the evidence on the table, both sides may be more willing to negotiate. Sometimes, a neutral third party (mediator) helps the parties reach a compromise.
7. Trial Preparation
If no settlement is reached, your attorney will prepare for trial. This includes selecting a jury, preparing witnesses, and organizing evidence. Your lawyer will develop a strategy to present your case effectively in court.
8. The Trial
During the trial, both sides present their arguments, evidence, and witnesses. The judge or jury listens to both sides and decides who is responsible and how much compensation should be awarded. Trials can last from a day to several weeks, depending on the complexity of the case.
9. Post-Trial Motions and Appeals
After the trial, either side may file motions to challenge the verdict or ask for changes to the award. In rare cases, the losing party may appeal the decision to a higher court.
How Long Does Litigation Take in Nevada?
Personal injury litigation in Nevada can take anywhere from several months to a few years. The timeline depends on the complexity of the case, the amount of evidence, and the willingness of both sides to settle. Most cases resolve within one to two years, but complicated cases may take longer.
What Injuries Lead to Litigation?
Litigation in Nevada personal injury law can arise from many types of accidents, including:
- Car, truck, or motorcycle accidents
- Slip and fall incidents
- Workplace injuries
- Medical malpractice
- Dog bites
- Premises liability cases
To succeed in litigation, you must prove that the other party’s negligence caused your injuries and that you suffered damages as a result.
Statute of Limitations in Nevada
Nevada law sets a strict deadline for filing a personal injury lawsuit. You have two years from the date of your accident to initiate litigation. Missing this deadline can mean losing your right to recover compensation forever.
Why You Need a Personal Injury Lawyer for Litigation
Litigation is complex and filled with legal rules and deadlines. An experienced personal injury lawyer in Nevada can guide you through every step, from investigation to trial. Your attorney at Howard Injury Law will protect your rights, gather evidence, negotiate with insurance companies, and present your case in court if needed.
Free Consultation with Howard Injury Law:
📲 (702) 331-5722 M-F/9-5
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