Just like most other states in the U.S., Nevada has a serious problem with car accidents. In fact, there has been an increase in both traffic accidents and fatalities out on Nevada roads for the last 10 years. This alarming trend has Nevada officials taking a good hard look at the problem. The Nevada Office of Traffic Safety reports that in a single year, Nevada has seen 285 car crashes that have unfortunately resulted in 304 fatalities along with well over 1,000 severe injuries. In 2022 alone, 382 Nevadans died in car accidents.
With such high numbers, it’s easy to understand why being held up in traffic due to a crash is such a common occurrence. You can imagine how many people need to file a Nevada car accident injury claim after these accidents. If you have been injured, understanding the accident injury claim process is important so you can protect your interests.
- Retain an Experienced Personal Injury Lawyer
- Retain an Experienced Personal Injury Lawyer
Of course, a personal injury law firm is going to put “hire a lawyer” as step one of this process. However, hiring a lawyer directly after you have been injured in a car crash ensures that you will get the maximum compensation available for your injuries.
Being seriously injured and then trying to deal with the insurance agencies while you are trying to recover will not only burden yourself and your family in your time of need, but also open yourself up to be taken advantage of.
Your lawyer will be able to compile all the evidence surrounding the car crash and use it as leverage to negotiate a settlement on your behalf, without anything even being filed in court. This settlement will likely not only cover your hospital bills and other medical expenses that were incurred, but also other damages like pain and suffering, lost wages and more.
However, if for whatever reason the insurance agencies refuse to pay a fair settlement, your lawyer will have to file a formal complaint in court.
- Complaint for Damages
Filing a complaint in court informs all the parties involved in the car accident that you are seeking compensation for damages. In the eyes of the court, this is the beginning of the Nevada car accident injury claim process. Most often there will be additional pleadings filed along with the complaint, depending on your situation. After the complaint is filed, the “defendants” will have some time to respond/oppose the complaint, and will often file a counterclaim on their own behalf.
- Discovery and Litigation
After the formal filing of the complaint and opposition and counterclaim, the discovery and litigation phase of your car accident case will begin. Your injury attorney as well as the legal department of the insurance agency will thoroughly investigate the car accident, and compile as much evidence and witnesses possible to support their case. Depositions will occur where the lawyers can interview witnesses under oath and use that testimony as evidence.
All of the evidence that each side intends to present to the court must be exchanged in a timely manner so that it can be examined by the opposing party. Hearings will likely be held on whether or not certain evidence can be used as well.
Cases that have progressed this far will likely settle based on the strength of the evidence. Settlements are common at this stage because it starts to become clear which side will likely win if the case went to trial due to all the evidence that has been presented thus far. If a settlement is not reached during this phase, your case will go to the next and final step.
Personal injury claim trials are very rare due to how ridiculously expensive they are. They last days, and depending on the case, up to a week. The sheer expense of a trial is often enough to get both sides to reach a settlement.
If your case does go all the way to a trial, then it will proceed with your attorney presenting all the facts of your case to a judge or jury and supporting those facts by presenting the evidence. Presenting these facts will support your right to get compensation for your Nevada car accident injury claim. Then, the defendant’s lawyers will have the chance to present their witnesses and evidence to the judge or jury in support of their opposition to your claim.
After both sides have had their chance to present their cases, the judge or jury will reach a verdict for one side or the other. This verdict will be the final ruling in the matter and the case will then be closed.
Justice Law Center for Your Nevada Car Accident Injury Claim
Justice Law Center is a Nevada law firm with offices all over the state. Our team of expert personal injury lawyers have been fighting for fair compensation for Nevadans injured in car accidents for over 25 years.
If you have been injured in a car crash, and someone else was at fault, our team will fight to get you compensation that is right and fair. We offer free initial consultations and only take our fees out of the money awarded to you.
Call us today to discuss your case.
Josh is writer and paralegal, with over 10 years of experience in family law, personal injury, criminal defense and more.