If the victim rejects the settlement offer of the insurance company or the insurance company denies the claim of the victim outrightly, the victim, through his lawyer, can file a lawsuit.
The Statute Of Limitations For Personal Injury Lawsuits In Nevada
The Statute of limitation sets the maximum time after an accident within which legal proceedings may be initiated. These Statutes aim to ensure that a plaintiff with a valid cause of action pursues it with reasonable diligence.
Nevada Statute of Limitations for Personal Injury is two years after the accident. Las Vegas accident victims have two years from the accident date to initiate a civil lawsuit.
Filing The Lawsuit
Stringent procedural rules must be followed while filing a personal injury lawsuit in Nevada. A written complaint is filed along with thorough documentation. A filing fee is paid, and copies of the complaint are served on the other party or parties.
The defendant/s will file a document with the Court called an “answer.” to the complaint. The answer is the defendant’s response to the claims made by the plaintiff.
During this stage, parties to a lawsuit share documents, evidence, and other relevant information about the lawsuit with each other. All the parties to a lawsuit have a legal right to receive news and proof that may be put forth before the Court during the trial.
Attorneys of various parties can ask each other questions and request documents. The plaintiff must answer a series of questions from the defendant’s side called interrogatories.
Privileged information or conversations, such as those between the plaintiff and his attorney, spouse, religious teacher, or doctor, can be kept confidential.
Depositions are statements made under oath and are usually given by the victim (the plaintiff), the witnesses to the accident, the investigating police officer, or any expert who has been consulted.
Your Las Vegas, personal injury attorney will prepare you to give short and accurate answers. Your knowledgeable attorney will shield you from any irrelevant and inappropriate questions put to you by the defense and will ensure that you refrain from making any such statements that could jeopardize or derail your claim.
After the discovery has been exchanged and dispositions have been taken, it is time. In Nevada, the conclusion of discovery marks another opportunity for the parties to attempt to settle.
Nevada law allows the defendant to file a motion to dismiss the plaintiff’s claim. This is done to ensure that both sides receive a fair hearing. The plaintiff’s attorney must then respond to the defendant’s motion appropriately.
According to Nevada’s Alternative Dispute Resolution rules, mediation is a process where a neutral third person encourages and facilitates the resolution of a legal dispute.
In mediation, a neutral mediator, usually a retired Judge or a lawyer, assists the parties in amicably settling issues and differences in the case.
A mediator generally does not render a decision.
Other types of alternative dispute resolution include arbitration and settlement conferences. The purpose of alternative dispute resolution is to help the parties resolve the case faster than it might resolve by waiting for a trial and to preserve legal resources.
If the parties resolve the case at mediation, a settlement agreement is drafted and signed on the same day. This agreement is legally enforceable and entered into the court record.
The insurance company will transfer the agreed-upon amount to the victim, who will drop the lawsuit.
If parties are unable to settle, the case will go to trial.
The trial will be conducted before a jury and a judge or a judge without a jury. It is important to note that insurance companies always prefer jury trials over bench trials (trials without a jury). The phases of a trial are as follows:
A jury is composed of twelve or fewer members. It is the first stage of a trial where jury members are selected. It is called Voir Dire. Potential jurors are interviewed to determine if they have biases or prejudices that impede their ability to be impartial and fair.
Opening statements are opportunities for each party’s attorney to lay out their side of the story. Opening statements usually last from ten to thirty minutes.
Presentation of Evidence
The “burden of Proof” is with the plaintiff. All parties present extensive evidence that they feel will impact the lawsuit’s outcome.
During this stage, the plaintiff may testify about their observations and experiences before and during the accident and its aftermath. Witnesses to the accident and expert witnesses also take the stand.
Closing arguments are the last opportunities for lawyers of all parties to win over the jury to render a verdict in favor of their clients.
Deliberations and Verdict
Following closing arguments, the jury deliberates on the evidence presented before it and reaches a verdict. Jury deliberations are confidential.
After the jury has reached a verdict, it duly notifies the judge. The verdict is then read out to the parties, and it becomes a part of the court’s official records.
A jury verdict is unpredictable, which motivates most parties to settle a case and not leave the outcome in the hands of a jury.
Nevada lawsuits are expensive, and litigating parties face mounting legal costs.
A party unhappy and aggrieved with a verdict can seek an appeal if there is a sufficient legal basis.
Contact An Experienced Las Vegas Trial Attorney
Las Vegas personal injury attorneys at Pacific West Injury Law are familiar with Nevada personal injury laws and specialize only in them. Our battle-hardened attorneys deal with insurance companies and defense attorneys regularly, which makes it possible to get a fair settlement on your behalf within a reasonable timeframe or to lock horns with them in the courtroom to get a favorable verdict for you.
If you or your loved one has been injured in Las Vegas, Henderson, or North Las Vegas due to the carelessness or negligence of someone else, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced personal injury lawyer at our firm for a free case evaluation right away.
As most personal injury attorneys in Las Vegas work on a contingency fee basis, you are only required to pay once we have won your case.