Personal Injury Claim Process in Nevada


Seeking financial compensation through a Nevada personal injury claim can be confusing and stressful. You’re hurting. You’re worried about paying the bills. And if you’re like most people, you’re wondering how long it will take to get the money you need to stay financially afloat.

All too often, injury victims who are trying to heal and get back to everyday life struggle with navigating an insurance system they don’t understand to pursue the compensation they deserve. If you need advice about the personal injury claim process in Nevada, talk to THE702FIRM Injury Attorneys. An experienced Las Vegas personal injury lawyer can review your case and discuss your legal options in a free consultation. Call or contact us now.

What is the Personal Injury Claim Process in Nevada?

Pursuing a personal injury claim in Nevada begins with an investigation to recover and organize all available evidence. This evidence may include police accident reports, witness statements, photos, videos, and medical records from your treatment. After the investigation, you or your attorney will file an insurance claim or send a demand letter to formally request compensation in a settlement. If the other party rejects your initial request, settlement negotiations may begin, where parties exchange settlement offers to try to reach an agreeable figure.

If you cannot reach a settlement agreement, you may need to file a personal injury lawsuit and pursue compensation in civil court. A personal injury suit has several phases:

  • Complaint – The process starts with the pleadings, including your complaint outlining the grounds for your claim, your losses, and naming the at-fault party(s). The defendant(s) then have the opportunity to file an answer responding to the allegations against them.
  • Discovery – During the discovery phase, both sides exchange evidence and interview witnesses to develop their cases further. Attorneys will also get to evaluate the strengths and weaknesses of the opposing side’s claims. If your lawyer presents a solid case, the defendant may reconsider a settlement rather than risk a judge or jury verdict at trial.
  • Trial – Most personal injury cases settle before going to trial. If your claim does proceed to trial, your attorney will present the facts of your case to the jury to show why you deserve compensation for your injuries. The jury then receives instructions on what standards to follow based on Nevada injury law and begins deliberations. Once they reach a verdict, the jury returns to the courtroom to render its decision.

No law requires accident victims to hire an attorney to pursue compensation. However, suing for a personal injury in Nevada is a complex process. When you enter the courtroom, you must follow specific legal procedures to present your case. Your case will benefit from having a trained lawyer to advocate for your best interests in court.

Damages You Can Recover in a Personal Injury Case

A personal injury claim may provide you with compensation for many different losses, including:

  • Medical bills
  • Long-term healthcare and personal care expenses
  • Lost wages
  • Future lost income
  • Property damage
  • Physical pain and anguish
  • Emotional distress
  • Reduced life expectancy
  • Loss of quality of life
  • Permanent disability or impairment
  • Permanent scarring or disfigurement
  • Punitive damages

How Long is the Statute of Limitations in Nevada?

Every state sets a time limit on how long people have to file legal claims. This deadline is called the statute of limitations.

The Nevada personal injury statute of limitations gives you two years from the date of your injury to file a claim against the negligent party. The court will likely dismiss any lawsuit filed after the limitations period expires.

How Long Will it Take to Resolve my Case?

No attorney can predict precisely how long a personal injury claim will last. Some cases resolve in a matter of months. Others take years. Factors that may affect the timeline of your personal injury case include:

  • The severity of your injuries, including whether you are still receiving treatment or rehabilitation
  • The amount of compensation you are seeking
  • The strength of the evidence
  • Whether liability is in question
  • The number of parties you are seeking to hold accountable for your injuries
  • Insurance policy limits
  • Whether you need to file a lawsuit
  • Court calendars, if filing suit is necessary

Can I Settle my Claim Out of Court?

You can settle your claim at any point before the return of the verdict at trial.

Settling has its advantages. A settlement can get you compensation quicker than waiting for your case to resolve in court. However, you should not accept a low settlement that does not provide fair compensation for your injuries. Once you settle your claim, you cannot demand more money later.

Shared Fault in Nevada Injury Cases

Under Nevada law, victims can still seek compensation for their injuries even if they share some blame for the accident. Nevada follows a modified comparative fault rule, which states that an injury victim can still recover compensation if they are found no more than 50 percent responsible for the incident.

Damage Caps

Nevada limits the amount of compensation that certain personal injury claimants can recover. These limits are called caps and include the following:

  • Injury claims against the state government or a local government – $100,000
  • Medical malpractice claims – $350,000 for non-financial losses
  • Punitive damages – Three times the amount of compensatory damages recovered

What Happens if I Can’t Settle my Case?

Talk to your lawyer if you cannot reach a settlement with the liable party(s). An experienced personal injury attorney can give you honest advice about the risks and benefits of taking your case to trial. Some claimants don’t want the uncertainty of trial and opt to accept a lower amount than they originally wanted. Others are willing to fight it out in court.

At THE702FIRM Injury Attorneys, our lawyers prepare every case as if it is going to trial. No matter what happens, you can feel confident that we will build a strong legal claim that is ready for the courtroom, even if we don’t ever need to go there.

What Happens During my First Consultation?

Your free consultation with THE702FIRM Injury Attorneys starts with a member of our legal team listening to your story and getting a basic understanding of your case. This allows us to determine if you have grounds for a personal injury claim and whether our firm can help you pursue that claim. We will ask questions about your injury and review any documents you bring to the consultation, such as accident reports or medical records.

The first consultation also provides you with the opportunity to ask us questions. Not all firms are created equal. Feel free to interview us to determine if we are the right firm for you. We can review our experience, track record, and how we will work with you during your case.

What are Some of the Most Common Personal Injuries in Nevada?

We’ve helped clients recover compensation for a wide range of injuries, including:

  • Broken bones
  • Soft tissue injuries
  • Whiplash and other neck injuries
  • Back injuries
  • Nerve damage
  • Spinal cord injuries
  • Traumatic brain injury (TBI)
  • Burns
  • Internal injuries and bleeding
  • Facial injuries
  • Vision or hearing loss
  • Amputation

Contact THE702FIRM Injury Attorneys for a Free Initial Consultation Today

Still, have questions about the personal injury claims process in Nevada? Reach out to THE702FIRM Injury Attorneys for a free, no-obligation consultation. We can meet in your home, hospital bed, workplace, or anywhere that is convenient for you. Call or contact us today to get started.

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