Accidents can change your life in an instant. Whether you’ve been hurt in a car crash, slip and fall, or any other incident caused by someone else’s negligence, you may be entitled to compensation. But when an insurance settlement doesn’t go far enough, filing a personal injury lawsuit might be the next step.
If you’re in Las Vegas and thinking about pursuing legal action, it’s important to understand the process. A personal injury lawsuit can seem overwhelming, but knowing what happens at each stage can help you feel more prepared.
Getting medical treatment and documenting your injuries
The first step is always seeking medical care. Even if your injuries seem minor at first, symptoms can appear or worsen over time. Medical records not only support your recovery but also serve as critical evidence if you file a claim. Keep copies of doctor’s visits, diagnoses, treatments, prescriptions, and all related expenses.
It’s also smart to document how your injuries are affecting your day-to-day life. Keep a journal or record of pain levels, mobility limitations, and how the injury has disrupted your work or personal activities.
Speaking with a personal injury attorney
Before filing a lawsuit, it’s wise to speak with an attorney who handles personal injury cases in Nevada. An experienced lawyer will listen to the details of your case and explain whether a lawsuit makes sense. They’ll also help you understand what kinds of compensation you might be entitled to, including:
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Medical expenses
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Lost wages
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Pain and suffering
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Emotional distress
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Loss of future earning capacity
Most personal injury attorneys in Las Vegas offer free consultations and work on a contingency basis, meaning you don’t pay unless they recover compensation on your behalf.
Investigating the accident and building your case
Once an attorney takes your case, the next step is investigation. Your lawyer will gather evidence, which may include:
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Police or accident reports
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Photographs or video footage
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Witness statements
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Medical records and bills
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Expert opinions
This part of the process is crucial. A strong case is built on solid documentation, and your lawyer’s goal is to prove that another party was negligent and that their actions caused your injury.
In Nevada, the law follows a modified comparative negligence rule. This means that if you’re partly at fault for your injuries, your compensation may be reduced. If you’re found to be more than 50% responsible, you won’t be able to recover anything. That’s another reason why a thorough investigation is so important.
Attempting to settle before filing a lawsuit
Many personal injury claims settle without ever going to court. Your attorney may begin by sending a demand letter to the at-fault party’s insurance company. This letter outlines your injuries, medical treatment, financial losses, and the amount of compensation being requested.
Insurance companies often respond with counteroffers or requests for additional documentation. Negotiations can take time. If the insurer refuses to offer a fair settlement, then your lawyer may recommend moving forward with a lawsuit.
Filing the complaint in court
If negotiations don’t succeed, the lawsuit formally begins with the filing of a complaint in civil court. This document outlines your legal claims, the basis for the lawsuit, and the damages you’re seeking. The defendant—the person or business you are suing—must be served with this complaint and given time to respond.
The defendant will file an answer, either denying responsibility or presenting defenses. From there, the case enters the pre-trial phase.
Going through discovery and pre-trial motions
Discovery is the stage where both sides exchange information and evidence. This may include written questions (interrogatories), requests for documents, and depositions (interviews under oath). Discovery can last several months and is often the longest part of a personal injury lawsuit.
During this time, your attorney may file motions with the court, such as asking for certain evidence to be excluded or requesting a ruling on legal issues. The defense may file motions as well, including motions to dismiss the case.
Trying to settle during mediation or negotiation
Even after a lawsuit has been filed, settlement is still possible—and often preferred. Many cases are resolved during mediation, a process where both sides meet with a neutral third party to try to reach an agreement.
If a settlement is reached at any point, the case ends, and you receive the agreed-upon compensation. If not, the lawsuit continues to trial.
Going to trial if a settlement can’t be reached
If your case goes to trial, a judge or jury will hear the facts and decide whether the defendant should be held liable. They will also determine the amount of damages, if any. Trial preparation is intense and may involve additional witness testimony, expert analysis, and legal arguments.
Trials can last from a day to several weeks, depending on the complexity of the case. Once the trial concludes, a verdict is reached. Either side can appeal the outcome, which can extend the legal process further.
Receiving your compensation
If you win your case or reach a settlement, the next step is receiving payment. The money may come in a lump sum or be structured in scheduled payments. Your attorney will help you understand how much you will receive after legal fees and any medical liens are paid.
For many clients, this is a time of relief. Compensation can help cover your bills, support your recovery, and provide some financial stability after an unexpected injury.
Staying aware of deadlines and Nevada laws
In Nevada, personal injury lawsuits must be filed within two years of the date of the injury. This is known as the statute of limitations. If you wait too long, your right to pursue compensation may be lost entirely.
There are some exceptions, but they are limited. Talking to a lawyer as early as possible helps ensure your case is filed on time and that no critical details are missed.
Conclusion
Filing a personal injury lawsuit is not something most people plan for. It can be unfamiliar, frustrating, and emotionally draining. But with the right legal help, it also becomes manageable.
If you were hurt due to someone else’s carelessness in Las Vegas, you have rights. Understanding the legal process is the first step toward protecting yourself and holding the at-fault party accountable. A knowledgeable attorney can help you make informed decisions, explain your options, and take care of the legal work while you focus on healing.
The road to recovery isn’t always smooth, but you don’t have to walk it alone.