The Personal Injury Claims Process in Nevada
If you’ve been injured in Nevada due to someone else’s negligence, it’s vital to understand the personal injury claims process. Victims of car accidents, slips and falls, and other accidents caused by negligence may file a personal injury claim against the negligent party that caused their injuries.
Understanding the claims process can help you get through each step, meet legal deadlines, and improve your chances of securing a fair settlement or trial verdict. Since each state has different rules and procedures, it’s important to know how these cases are handled in the state where you were injured.
At the Cottle Firm. Our dedicated Las Vegas personal injury lawyers help victims of negligence fight for the financial compensation they deserve. Call our firm today at 702-722-6111 to discuss your potential personal injury claim in a free consultation.
Why It’s Important to Understand the Personal Injury Claims Process in Nevada
Every state has its own legal procedures for personal injury claims. Nevada’s process is unique and may differ from other states in several important ways. For example, Nevada follows a modified comparative fault rule, which means that if you’re partially at fault for an accident, your compensation can be reduced based on your degree of responsibility. Nevada also has a two-year statute of limitations for filing personal injury claims.
Documenting Your Injury
Documenting your injury is the first step you should take after being involved in an accident caused by another party’s negligence. Your documentation can be the difference between success and failure when pursuing a personal injury claim. Strong evidence helps establish the severity of your injuries and how they have affected your life.
Photographs
If you are physically able to, you should immediately take photos of your injuries, the scene of the accident, and any hazardous conditions. For instance, if you were involved in a car accident, take photos of the vehicles, skid marks, and road conditions. These photos can serve as valuable physical evidence of how the accident occurred and the injuries you suffered.
Medical Records
Your medical records will provide a detailed account of your injuries, diagnoses, and treatment. Keep track of all doctor’s visits, hospital stays, prescriptions, and any other medical costs incurred. These records can help show the extent of your injuries, their long-term effects, and how they have affected you financially.
Witness Statements
Witnesses who were present during the accident may be called upon to verify the facts of the incident. Collect their contact information and statements, which can help support your account of the events that caused your injuries.
Personal Injury Journal
Consider keeping a daily journal that tracks your physical and emotional recovery. This should include notes on pain, medical appointments, and how the injury affects your day-to-day activities, including both work and leisure.
Police Records
Police reports are often used as evidence in Nevada personal injury claims. If law enforcement responds to the scene, they will typically create an accident report that documents details about the incident, such as the parties involved, witness statements, the officer’s assessment of fault, and any citations issued.
Initial Consultation With a Personal Injury Lawyer
If you wish to file a personal injury claim, you will need legal guidance. Contact an experienced Nevada personal injury lawyer to schedule an initial consultation. During this meeting, the attorney will help you understand your legal options, evaluate your case, and determine whether you have a valid claim.
At this initial meeting, the attorney will gather details about the accident or injury, such as:
- How the injury occurred
- Who was involved and what the police report states
- Your medical treatment and costs
- Any lost wages or lifestyle changes caused by the injury
- Any other financial or personal difficulties caused by the injury
This is also your opportunity to ask questions about your case, such as:
- What are my chances of winning?
- How long will the process take?
- Will I have to go to trial?
- What are the attorney’s fees?
The Nevada personal injury attorneys of the Cottle Firm work on a contingency fee basis, meaning we only get paid if you win your case. This system allows victims to seek financial compensation without needing to worry about upfront legal fees.
The Investigation
Once you hire an attorney, they will begin investigating the circumstances of your injury. This phase is when your lawyer works to uncover key facts that support your claim and build a strong case.
Most personal injury investigations involve the following steps:
- Review of Medical Records: The attorney will review all of your medical records to understand your injuries and their impact fully. They will also use this information to estimate future medical costs and long-term needs.
- Gathering Physical Evidence: In some cases, attorneys may gather physical evidence like video footage, photos of the accident scene, or physical objects involved in the injury (such as defective products).
- Witness Interviews: Your attorney may reach out to any witnesses to obtain statements about the accident. Witnesses can provide information that supports your version of events.
- Expert Consultations: In complex cases, attorneys may work with expert witnesses like medical professionals and accident reconstructionists, who can help clarify details such as the severity of your injuries and the cause of the accident.
The goal of this investigation is to establish liability (who is at fault for the accident) and quantify the full extent of your damages (such as medical expenses, lost wages, and pain and suffering).
The Role of Ongoing Medical Care in the Claims Process
You should continue receiving all necessary medical care during the claims process. This helps improve your chances of recovery and also strengthens your case.
Your medical treatment will be documented in your records. It shows the extent of your injuries, the effectiveness of the treatment, and any complications that arise. Continuing treatment helps your attorney understand potential future costs, such as long-term rehabilitation, surgery, or therapy.
If you stop treatment or fail to follow your doctor’s orders, the negligent party may argue that your injuries are not as severe as claimed. This could reduce the amount of compensation you receive in a settlement or court judgment.
The Demand Package: Presenting Your Case to the Insurance Company
Once your attorney has gathered all necessary evidence, they will create a demand package to present to the negligent party’s insurance company. This package includes a detailed explanation of the accident, your injuries, and the financial damages you’ve incurred.
Demand packages for personal injuries in Nevada generally include the following components:
- Medical Records and Bills: A complete list of your medical treatments and associated costs.
- Photographs and Witness Statements: Visual evidence of the accident and witness testimonies to support your claims.
- Personal Narrative: An account of how the injury has affected your life physically, emotionally, and financially.
- Settlement Request: A request for a specific amount of compensation based on the damages suffered.
Once the package is submitted, the insurance company will either accept the demand, make a counteroffer, or deny the claim.
Dealing with Insurance Companies During the Claims Process
Insurance companies attempt to minimize payouts and maximize their own profits, which means they often attempt to settle claims for less than what they’re worth. Here are some things to keep in mind when dealing with insurance companies after a serious injury:
Don’t Admit Fault
Never admit fault, even if you believe you may have been partially responsible for the accident. Admitting fault in any way could jeopardize your claim altogether or result in a lower award based on Nevada’s comparative negligence standard.
Avoid Talking to Insurance Adjusters
It’s best to let your attorney handle all communications with the insurance company. The adjuster may ask you to make statements that could be used against you later. Your attorney will understand these insurance company tactics and can advise you on how to avoid falling victim to them.
Be Prepared for Lowball Offers
Insurance companies typically start with low offers that do not reflect the full extent of the damages suffered. Your attorney will assess whether the offer is fair and whether it’s worth negotiating for a higher settlement.
Settlement Negotiations
Most personal injury claims are resolved through settlements, rather than going to trial. After you’ve submitted your demand package and the insurance company has reviewed your claim, the negotiations will begin. At this stage, your attorney will negotiate with the insurance adjuster to reach a settlement agreement that addresses the full extent of your damages.
Key Factors in Negotiation
- Injury Severity and Impact: If your injuries are severe, complex, or likely to result in long-term complications, the insurance company may initially offer a higher settlement amount to avoid paying for future medical expenses. Your attorney will use medical records, testimony, and other evidence to show the long-term effects of the injury.
- Insurance Adjuster’s Tactics: The adjuster may downplay the severity of your injuries, dispute liability, or question the credibility of the evidence. This is why it is crucial to have an experienced Nevada personal injury lawyer who can challenge these tactics.
- Damages: While the insurance company will attempt to offer you the lowest possible settlement, your attorney will fight for compensation that covers not only your immediate medical bills but also any future medical expenses, lost wages, pain and suffering, emotional distress, and other damages. Part of the negotiation process involves determining the total damages you have suffered and making sure that the settlement offer reflects the full scope of those losses.
How Negotiations Progress
- Initial Offer: After reviewing the demand package, the insurance company may make an initial settlement offer. This is often lower than what you are entitled to, and it may be intended to gauge your willingness to settle quickly. Never accept the first offer without consulting with your attorney.
- Counteroffer: In response to the insurance company’s initial offer, your attorney will likely make a counteroffer. This will include the actual compensation you are seeking, along with justifications for why that amount is fair.
- Mediation: If direct negotiations are not successful, mediation can be used to facilitate an agreement. Mediation involves a neutral third party who helps both sides come to a resolution. While not legally binding, it can provide a less confrontational way to settle.
- Final Settlement: Once both parties reach an agreement, a formal settlement offer is made. At this point, you’ll be asked to sign a release of liability, which means you agree to accept the settlement amount and relinquish any further claims against the responsible party.
Litigation
Although the majority of personal injury cases are resolved through settlements, some cases end up in litigation. This is the formal process of resolving a dispute through the court system. It can be time-consuming, expensive, and unpredictable. Litigation typically happens when the insurance company refuses to offer a fair settlement, or if liability is unclear and needs to be resolved by a judge or jury.
Filing the Lawsuit
If settlement negotiations fail, your attorney will file a complaint in the appropriate court. This document outlines your case, the legal basis for your claim, the damages you are seeking, and the parties involved. The defendant will be formally notified of the lawsuit.
Discovery
Discovery is the pre-trial phase where both parties exchange evidence and information. This process includes:
- Interrogatories: Written questions that both parties must answer under oath.
- Depositions: Sworn testimony taken from witnesses, experts, and the parties involved. Depositions are typically recorded and may be used as evidence at trial.
- Request for Documents: Both sides may request documents that are relevant to the case, such as medical records, insurance policies, and accident reports.
Pre-Trial Motions
Before the trial begins, both sides may file pre-trial motions to address legal issues, such as requesting to dismiss the case or exclude certain evidence. Your attorney may also seek a motion for summary judgment, arguing that the facts of the case are clear and that you should win as a matter of law.
Trial and Verdict
If the case proceeds to trial, both sides will present their arguments to a judge or jury. Your attorney will present the evidence, call witnesses, and cross-examine the opposing party’s witnesses. The defendant will have the opportunity to defend themselves and argue their case.
After both sides have presented their cases, the judge or jury will deliberate and reach a verdict. If you win, the court will determine the amount of damages to award.
Appeals
If either party is unhappy with the verdict, they may file an appeal to a higher court. Appeals are typically based on procedural errors or misinterpretation of the law.
Discuss Your Claim With a Las Vegas Personal Injury Lawyer
Have you recently been injured in a car accident, slip and fall, or another accident caused by someone else’s negligence? You may have grounds to seek financial compensation through a personal injury claim. At the Cottle Firm, our dedicated Las Vegas personal injury lawyers help hold negligent parties accountable for all types of accidents. Contact us today at 702-722-6111 to learn more about your legal options in a free consultation.
