Do I Have to Go to Court After a Car Accident in Las Vegas?

Were you recently in a car accident in Las Vegas? If so, you may be wondering if you’ll need to go to court in order to get the other driver to pay for your property damage, medical bills, lost income, and pain and suffering. Here’s what you need to know.

Steps to Take Before Bringing a Las Vegas Car Accident Case to Court

Whether you’ll have to go to court after a car accident in Las Vegas depends on the specifics of your situation. That said, there are several options for recovering compensation you’ll likely need to exhaust before you ever see the inside of a courtroom.

Nevada follows a traditional tort model of car insurance, which means that when a person causes a car accident, their liability insurance should pay for the resulting property damage and bodily injuries. After an accident, you can file a claim with the other driver’s insurancecompany, which will investigate the collision to determine if its policyholder is at fault. If so, the company may offer you a settlement that will pay you in exchange for waiving your right to sue its policyholder (and, by extension, the insurance company). A settlement should take into account losses like:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering

Remember, an initial offer is just that: the start of negotiations. As a for-profit company, the insurance companylikely hopes that, in your vulnerable state, you’ll be tempted to accept the offer. By doing so, you would free them and the at-fault driver of further liability and save them money. If you believe that the offer does not adequately account for what you’ve suffered, you can counter with your own number. A car accident lawyer can perform these negotiations on your behalf, increasing your leverage through their skill, experience, and ability to escalate matters if the insurer refuses to make a reasonable offer.

When Court May Be a Better Option

In the event that negotiations break down and the insurance company won’t budge, it’s time to start thinking about a lawsuit. Filing a lawsuitdoes not mean you will actually have to go through a trial or ever step foot in a courtroom. In fact, most lawsuits settle before they reach trial—estimates say that over 95% of injury lawsuits settle before trial

If the insurance company is unreasonable in its offers, you and your attorney decide a personal injury lawsuit offers you the best opportunity to recover the money you need.Your lawyer will file a complaint with the court and serve the at-fault driver and their insurance company. Legal proceedings will advance to the discovery phase, where both sides gather and exchange vital evidence to prepare their cases for trial.

Once both sides have reviewed the evidence to be used in court and understand each other’s strengths and weaknesses, they may engage in another round of settlement negotiations with the goal of avoiding a lengthy and expensive trial. If you’re still dissatisfied with the insurer’s offer, you can proceed to trial. Just remember: the choice to accept the settlement or take your chance in court is entirely yours, and cases can and do settle at any point in the process

Advantages and Drawbacks of Going to Trial

Many accident victims wish to avoid a lengthy legal battle because trials are stressful, time-consuming, and unpredictable. However, there are some potential advantages to taking your case before a judge or jury. For example, if the insurance company is truly lowballing you, a trial may be the best way to recover full and fair compensation.

There are also potential drawbacks. For example, there’s no guarantee that a jury will side with you over the at-fault driver. Nowadays, the top trial law firms use focus groups and big data studies, and should be able to advise you of your risks of going to trial. If you lose at trial, you may be on the hook for litigation costs. Even if you win, it might take some time to recover any money that the jury awards in its verdict. A common misperception with jury trials is that the winning side receives its money immediately after trial. In reality, there can be appeals where the losing side challenges the verdict, and this can take years to conclude.

It’s wise to remember that you don’t necessarily have to go to court to get the money you deserve. However, a trial may be your best option for recovering maximum compensation. It is best to discuss your specific situation with a knowledgeable Las Vegas car accident attorney who can review your claim and outline your legal options for pursuing compensation for your injuries. An effective and responsive attorney will take the time to listen to you so that they understand your needs and can suggest a course of action that most effectively addresses your concerns.

The Role of Fault in Nevada Car Accident Claims

One important point to consider is Nevada’s modified comparative negligence statute, which governs civil lawsuits. This law allows accident victims to collect compensation even in cases where they are partially to blame for causing the crash. Under the rule of modified comparative negligence, you can still recover compensation from a car accident-related lawsuit if the court finds you were not more to blame for the accident than all other at-fault parties. However, your compensation will be reduced by the same percentage as your percentage of fault for causing the accident. For example, if the court decides that you are 10% at fault, it will reduce your damages by 10%.

The comparative negligence rule binds all Las Vegas judges and juries. Your attorney should advise you on how this rule might affect your case and use that information to develop a strong litigation strategy.

A Las Vegas Car Accident Attorney Can Help You Understand Your Legal Options

At Claggett & Sykes, we know that a trial can be a frightening prospect, especially if you’ve never been to court before. However, we want you to know that you have options, and that if you decide to assert your rights at trial, you will not be doing so alone. We have extensive experience at the negotiating table and inside the courtroom and are on the forefront of using focus groups and big data studies to better understand the value of cases and how to best present the facts at trial. Through our trial work, we’ve attained over $1.5 billion in verdicts and settlements. We know pursuing fair compensation is not always easy, but we want to make the process as stress-free for you and your family as possible.

We encourage you to set up a free legal consultation with one of our compassionate car accident attorneys today. Our team will review your situation, address your concerns, and walk you through the process of recovering compensation for your financial losses.