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Will My Nevada Personal Injury Case Go to Trial?

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Will My Nevada Personal Injury Case Go to Trial?

If you were hurt in an accident, you can be entitled to financial compensation. Getting paid for your injuries involves proving that the negligence of another person, business, or other entity caused your damages. In the legal system, this is done through a personal injury lawsuit. 

If you are like most people, you might have never been in a courtroom before, much less a trial in front of a jury. Taking your case to trial can seem intimidating, then. 

Whether your case ends up going to trial depends on many different factors. Overall, only about 5% of personal injury cases go to trial nationwide. The vast majority will either settle or be resolved through pretrial motions. If a defendant won’t agree to a fair settlement, or both sides can’t agree on the issues, a trial can be required. This is where an experienced personal injury lawyer can be a valuable guide. 

How a Personal Injury Case Starts 

How a Personal Injury Case Starts

Technically, a personal injury case begins on the date it is filed in court. Realistically, your case begins on the date of the incident. This is when photographs and video might be taken, a police report can be made, and the identities of eyewitnesses can be collected. From there, you might accumulate medical bills, property repair costs, lost income, and other expenses due to your accident. 

If a lawyer is involved in the early stages, they will assemble evidence and facts to support your case when it is filed later on. 

What Is the Statute of Limitations In Nevada for Personal Injury Lawsuits? 

The statute of limitations for a personal injury lawsuit in Nevada is two years from the date of the incident. While this can seem like a long time, it is better to file a case when evidence is still available, and witnesses can still recall the accident. However, filing too soon can be an issue if your injuries take longer to heal and require ongoing treatment. A Las Vegas personal injury lawyer will help you file your case at the right time and ahead of Nevada’s statute of limitations deadline. 

The Discovery Process In a Personal Injury Case 

After your case is filed, the discovery process begins. What is “discovery” in a personal injury case? Discovery is the exchange of information and evidence related to each party’s case. As the plaintiff, you will be required to share certain information about you and your injuries. 

Your lawyer will advise you to turn over records, documents, bills, invoices, estimates, and other documentation connected to your injury and damages.

This can include any of the following: 

  • Medical records, diagnostic tests, and similar confirmation of your treatment
  • Itemized medical bills documenting the costs connected to your treatment 
  • Photos and video displaying your injuries and any impacts caused by the injuries
  • Pay stubs, work orders, or other documentation showing you missed work or other sources of potential income 
  • Documentation of any lost employment benefits due to the accident
  • Documentation of transportation costs and other out-of-pocket expenses caused by the accident 

Your lawyer will review any and all documents you have and use what is available to help your case. Your lawyer will then make sure the defendant’s attorney has copies of the exhibits you would use at trial. In many cases, letting the defendant know what you have to support the claim can encourage a settlement in your favor. 

Depositions In a Personal Injury Case 

Part of the discovery process involves depositions in your personal injury case. In a deposition, you will give sworn testimony and answer questions from the defense lawyer. The defendant’s lawyer will seek information to poke holes in your version of the accident and to minimize the extent of your injuries. Your lawyer will work hard to prepare you for deposition and confidently answer questions from the other side. 

Settlement Negotiations In a Personal Injury Case 

While some personal injury cases do go to trial, the overwhelming majority are resolved through the settlement process instead. For both sides of a case, a settlement they agree to can often be a better option than leaving the case to a judge and jury. 

For plaintiffs, settling the case will provide guaranteed compensation and closure to the victim’s saga. Having a fixed number can help a victim move forward. This also avoids the stress and added expenses related to a court trial. 

For defendants and their insurance companies, settling the case will limit their financial liability. Agreeing to pay some amount can be a safer bet for them than letting a jury decide what they owe. Settling the case also keeps matters private and confidential, whereas taking a case to trial puts all facts and testimony out as public records. If the facts are damaging to the defendant, they might prefer to settle out of court. 

What Happens During a Personal Injury Trial? 

A personal injury trial consists of different segments that you should be aware of, including the following: 

  • Opening statements. Lawyers on each side will explain what they intend to show as evidence and why their arguments will be successful. 
  • Witness testimony. Each side will be allowed to call witnesses to the stand. The witnesses can include you, as the plaintiff, as well as any eyewitnesses and first responders to the accident. Expert witnesses and others with relevant information can also be called. Evidence will also be presented during this segment, with witnesses testifying to support the admission of important pieces of evidence. 
  • Closing arguments. This is the chance for lawyers to summarize the evidence and their key arguments for the jury to consider. A skilled Nevada personal injury lawyer will use this opportunity to convince a jury to support their client. 

If your case goes to trial, your personal injury attorney can walk you through each step of the process. 

Contact a Nevada Personal Injury Lawyer for a Free Consultation 

As you can see, many different factors play a role in your case, including whether it goes to trial or gets settled. Most cases result in a settlement before trial or even before the case gets filed. Other cases can be more complex and require a jury trial. To learn more about your options and what your case might involve, contact De Castroverde Accident & Injury Lawyers to speak with an experienced Las Vegas personal injury lawyer for a free consultation. Give us a call at (702) 222-9999.

Areas We Serve

At De Castroverde Accident & Injury Lawyers our personal injury attorneys serve the following localities: Angel Park, Anthem, Boulder City, Downtown Las Vegas, East Las Vegas, Gibson Springs, Green Valley, Henderson, Lake Las Vegas, MacDonald Ranch, McCullough Hills, Mission Hills, Paradise, Peccole Ranch, Queensridge, Reno, Seven Hills, Smoke Ranch, Spring Valley, Summerlin, The Lakes, The Strip, Whitney, and more.
We also represent accident victims in Oakland, CA.

About Our Firm

De Castroverde Accident & Injury Lawyers, located in Las Vegas, NV, is a personal injury law firm established over 30 years ago.
We have 100+ years of combined experience securing hundreds of millions for injured people throughout Nevada. If you’ve been injured due to someone else’s negligence, contact us today to discuss your case.

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