If you get into an accident in Nevada because someone else is negligent, you have the right to hold them accountable for your crash-related damages through a Vegas injury claim. To recover compensation from them, you’ll have to go through a legal process involving their insurance company and, if necessary, the courts.
Here’s a quick breakdown of the process you’ll have to navigate after a car accident in Nevada:
Report the Accident to the Local Police
Calling the police will help to ensure that an officer is dispatched to the scene to complete an accident report. This accident report will be crucial during the claims process. You’ll need proof that the car accident happened and evidence to help support your claim – that can be achieved by providing a copy of the accident report with your demand letter and/or lawsuit.
Hire an Experienced Nevada Car Accident Attorney
While you can pursue compensation on your own, it helps to hire a car accident attorney in Las Vegas, NV, to force the insurance company to take your claim seriously. Your attorney will help you navigate the legal process, provide guidance, and offer insight so that you can make informed decisions about how to resolve your claim.
Create and Submit a Demand Letter to the Insurance Company
Lawsuits typically begin as insurance claims. Before you get the courts involved, you’ll notify the at-fault driver’s insurance company that you got into an accident with their insured driver and intend to pursue a claim.
Your Las Vegas catastrophic injury attorney will investigate the crash, gather evidence, and then submit a demand letter that outlines your case and requests a specific amount of compensation to cover your medical bills, lost wages, distress, and other damages covered by the at-fault driver’s policy.
This opens the door for negotiations, during which your attorney and the insurance company can go back and forth to try to resolve your claim without litigation.
File a Formal Complaint with the Court
If the insurance company refuses to negotiate fairly or denies your claim, your attorney can formally begin the litigation process by drafting and filing a complaint with the local court. The complaint is the heart of your lawsuit – it tells your story, presents the facts, includes evidence to substantiate your claims, and requests specific compensation from a named defendant. You must serve a copy of the complaint on the defendant(s) after filing it with the court. This gives the defendant notice and an opportunity to tell their side of the story.
Continue Negotiations During the Discovery Phase
Once your lawsuit is filed, the discovery phase begins. Discovery is a lengthy process in which both parties gather evidence, conduct depositions, issue interrogatories, subpoena documents and testimony, and build their arguments.
While discovery is ongoing, parties are encouraged to continue attempting to negotiate a pre-trial settlement to avoid additional time, expenses, and stress.
Pre-trial motions may be made by either party, which can require you to attend hearings before a judge to resolve issues relevant to the lawsuit.
Go to Trial if the Case Hasn’t Settled
Relatively few personal injury lawsuits end up going to trial. The vast majority are settled privately. However, sometimes it’s necessary to go to court to force the best result. At trial, each party has the opportunity to argue their side of the story, present evidence, put witnesses on the stand, and convince a judge and/or jury that they should prevail.
Just because a lawsuit goes to trial doesn’t mean it can’t settle. Settlements can be reached at any point in time before a judge or jury returns with a verdict.
If a case is left in a jury’s hands, their decision will be final (unless the result is appealed) and can include punitive damages.
The legal process for a car accident lawsuit requires in-depth knowledge of the Nevada Rules of Civil Procedure, relevant statutes and case law, and appropriate legal strategies. Hiring Benson & Bingham can give you the experienced legal representation you need to achieve the best results. We’ve litigated complex personal injury cases in Nevada for years, winning over $600 million for clients in the process.
Call us for help if you’ve been hurt in a car accident in Las Vegas, Reno, or other parts of Nevada. Your first consultation is free.