Falling victim to an accident can be devastating and life-altering. The unfortunate fact is that, car, workplace, and other accidents are far too common in modern society.
A personal injury claim is brought about after a person (or persons) becomes injured due to the negligence of another party or entity. The objective of the personal injury process is to recover financial compensation following your accident-related injuries. The State of Nevada provides a two-year statute of limitations to file a claim following an accident injury; however, to receive the best possible outcome, we recommend you file as soon as you have become injured.
Read: When Should I Hire A Personal Injury Lawyer?
What should I do after an accident?
Here are the below-recommended steps you take immediately following your accident injury:
Do not admit fault
Following an accident, you’ll likely have to deal with the police, insurance companies, and medical care practitioners. It is imperative after you are involved in an accident that you do not admit fault or accept blame for the accident. Admitting fault can dramatically affect the compensation you are entitled to injuries sustained from the accident, as your admission of fault can be used against you in court.
Related: Reasons Why You’ll Lose A Personal Injury Case
Seek medical treatment
It is important that you seek medical care as quickly as possible after an accident. In many instances, the victims will report feeling “okay” to the responding officers and other parties involved. While you may feel fine at the scene, this can likely be contributed to the fact that you are flooded with adrenaline. As soon as the adrenaline wears off, it is not at all uncommon for the pain to resonate with your injuries.
Hire an attorney
In the State of Nevada, most personal injury lawyers work on a contingency fee basis. This means that they do not receive an upfront payment, and they do not collect payment until your settlement has been reached. Hiring an attorney is a crucial step in filing a successful personal injury claim. The attorneys at The Injury Firm are experts in personal injury law, have years of experience, and have recovered millions for accident injury victims. Hiring an attorney reduces the amount of stress on your end, as they will handle all of the complicated negotiations, paperwork, and will provide you with a step-by-step outline for a successful recovery.
Read: What Should You Do After A Car Accident?
How to file a personal injury lawsuit in Las Vegas, NV
There is a common misconception that attorneys spend the majority of their time in courtroom trials. This simply is not true. Lawsuits are expensive, time-consuming, and emotionally draining. Depending on the details of your case, it may be financially advantageous for both parties to reach an agreement via alternative dispute resolution (ADR).
When a settlement is reached, the accident victim will dismiss their lawsuit in exchange for financial compensation, thus avoiding a courtroom trial. In most cases, insurance companies will contact the accident victim almost immediately after an accident in an attempt to settle before a suit is filed. They do this in hopes that you will not retain legal counsel as it is their main objective to keep their costs as low as possible. If and when you receive this phone call, kindly tell them that you are working with an attorney, and either a) provide them with your attorney’s contact information, or b) collect their information, and provide this information to your attorney. Do not provide the insurance company with any incriminating information, as this can, and likely will, be used against you.
Read: Personal Injury Insurance Negotiations Process
What happens during the personal injury lawsuit process?
Although every case is unique, below is a sample outline of how a typical personal injury case would progress.
If you and your attorneys are unable to reach a settlement via alternate dispute resolution, the next step is to file a lawsuit. To begin a lawsuit, an attorney will file a “complaint.” The complaint outlines your case and the supporting arguments required to initiate legal proceedings. The complaint will also specify your demands for financial recovery.
Once the complaint has been filed by your attorney and the opposing party has been served with notification of the lawsuit, the opposing party will file an “answer.” The answer is the defendant’s official response to the lawsuit.
Once the lawsuit has been initiated and the complaint and answer have been filed with the court, the next step in the personal injury process is known as “discovery.” Discovery is the stage in which both sides will have equal opportunity to learn about (or discover) important facts about the case from the opposing party.
Discovery is conducted through various methods. One of the most popular tools for discovery is an interrogatory. An interrogatory is a series of written questions that are sent to the opposing party. The opposing party is required to answer the interrogatories truthfully, allowing the opposing party to obtain significant information about the accident for the benefit of the lawsuit.
In addition to an interrogatory, the parties will have the opportunity to question each other face-to-face during a deposition. During the deposition, any party relevant to the case may be questioned by opposing counsel, under oath, providing the opportunity for each side to obtain information not received in the interrogatory, and to get an idea of what will be said if the case advances to trial.
Final Opportunity To Settle
The conclusion of discovery provides another opportunity for each side to settle without having to go to court. Following discovery, both sides will have a better idea of the facts and evidence surrounding the case, and in most cases, the evidence that presents itself during the discovery process will strongly motivate the negligent party to settle outside of court.
Ask An Experienced Attorney
An experienced personal injury attorney who knows that the process of filing LV personal injury claims can become quite complex. If you are wondering whether or not you have a case, or if you have questions about the process, give our law firm a call to speak with Attorney Brian M. Boyer in a free consultation.
At The Injury Firm, voted best car accident lawyer Las Vegas, we have experience helping victims achieve a full financial recovery.