“Will my personal injury case go to trial?” This is a common question for anyone who was hurt in an accident and starting a claim in Nevada. The answer depends on many factors, but most cases do not go to trial.
Most Personal Injury Cases Settle
Across the United States, only about 5% of personal injury cases go to trial. The vast majority are settled out of court or resolved through pretrial motions. Settling is usually faster, less stressful, and less expensive for everyone involved. In Nevada, this trend holds true as well.
How Does a Personal Injury Case Start?
Your case really begins at the time of your accident. This is when you should gather evidence, take photos, and get medical help. Filing a police report and getting witness statements are also helpful. Later, when you hire a lawyer, they will collect all the facts and build your case. Your attorney will review your medical bills, lost income, and other costs. They will use this information to support your claim.
Why Do Some Personal Injury Cases Go to Trial?
Most cases settle, but sometimes a trial is needed. Here are some reasons your case might go to trial:
- The insurance company refuses to offer a fair settlement.
- There is a dispute about who was at fault.
- Both sides cannot agree on the amount of damages.
- The case is complex and needs a judge or jury to decide.
An experienced personal injury lawyer, like us at Howard Injury Law, can help you decide if going to trial is the best option.
The Statute of Limitations in Nevada
In Nevada, you have two years from the date of your accident to file a personal injury lawsuit. This is called the statute of limitations. It is important to act quickly so you do not lose your chance to recover damages. If you wait too long, you could lose your right to seek compensation, no matter how strong your case is.
The Discovery Process
After filing your case, both sides exchange information. This is called discovery. You may need to share medical records, bills, photos, and other documents. Your lawyer will also review evidence from the other side. Discovery helps both sides understand the case. Sometimes, seeing the evidence can encourage a settlement.
Depositions
A deposition is when you answer questions under oath. The other side’s lawyer will ask you about your accident and injuries. Your attorney will help you prepare so you can answer with confidence. Depositions are an important part of the process and can also help move settlement discussions forward.
More Explanation on the Settlement Process
Most personal injury claims are resolved through settlement negotiations. Here’s how the process usually works:
- Demand Letter: Your attorney sends a letter to the insurance company or the at-fault party, outlining your injuries, damages, and the compensation you are seeking.
- Negotiation: The insurance company will review your demand and either accept, deny, or make a counteroffer. This back-and-forth can take some time.
- Evaluation: Both sides assess the strengths and weaknesses of the case. Your lawyer will use evidence from the discovery process to support your claim.
- Agreement: If both parties agree on a fair amount, they sign a settlement agreement. You receive compensation, and the case is closed.
Settling your case means you get guaranteed compensation and avoid the uncertainty, time, and stress of a trial. It also keeps your case private, as settlements are not public records.
Common Reasons Cases Don’t Settle
While most cases settle, there are times when a settlement just isn’t possible. Here are some common reasons:
- Disagreement on Fault: If the other side refuses to accept responsibility, a trial may be necessary to prove who was at fault.
- Dispute Over Damages: Sometimes, the insurance company and the injured person cannot agree on how much the claim is worth. This can include disputes about medical costs, lost wages, or pain and suffering.
- Unreasonable Offers: If the insurance company makes a lowball offer and refuses to negotiate, your attorney may recommend going to trial.
- Complex Issues: Cases with multiple parties, severe injuries, a multiple car accident pile up, or complicated facts may need a judge or jury to sort out the details.
What Happens If Your Case Goes to Trial?
If you cannot settle, your case may go to trial. Here’s what happens:
- Opening Statements: Each lawyer explains their side of the case.
- Witness Testimony: You and other witnesses may be called to testify.
- Evidence Presentation: Both sides show documents, photos, and other proof.
- Closing Arguments: Lawyers sum up their points for the judge or jury.
- Verdict: The judge or jury decides who wins and how much is owed.
Your lawyer will guide you through each step and prepare you for what to expect.
How Long Does a Personal Injury Case Take?
Cases that settle can be resolved in a few months. If your case goes to trial, it may take a year or more. The timeline depends on the details of your case and how willing both sides are to negotiate. Trials also depend on the court’s schedule and the complexity of your case.
Why Some Lawyers May Not Take Your Case
Sometimes, a lawyer may turn down your case. Possible reasons include:
- The statute of limitations has expired.
- The defendant does not have money to pay damages.
- The case is too complex or costly.
- The accident was not caused by someone else’s fault.
- There may be a conflict of interest.
If one lawyer says no, another might still take your case. It’s always worth seeking a second opinion.
Why You Need a Personal Injury Lawyer
Having a skilled lawyer on your side is important. Your attorney will gather evidence, handle negotiations, and represent you in court if needed. At Howard Injury Law, we are committed to fighting for the compensation you deserve. We will guide you through every step, whether your case settles or goes to trial.
Will My Personal Injury Case Go To Trial? The Bottom Line
Most personal injury cases in Nevada settle before trial. However, if you cannot agree with the other side, a trial may be necessary. The best way to protect your rights is to work with an experienced lawyer who will guide you every step of the way.
If you have questions about your case or want to know, “Will my personal injury case go to trial?” contact Howard Injury Law for a FREE consultation. We are here to help you get the justice and maximum compensation you deserve! Our experienced accident attorneys or personal injury lawyers Las Vegas, Nevada, California, Colorado, and Arizona, and are committed to providing comprehensive support and representation. We understand the complexities and challenges that come with personal injury claims, and we’re here to ensure that your rights are protected every step of the way.
Free Consultation with Howard Injury Law:
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