While virtually everyone has heard of a personal injury case, many individuals who are involved in one have never dealt with this type of lawsuit before. This means that most Nevada personal injury plaintiffs do not know what to expect from the civil lawsuit process. While it is important to note that each case is as different as the parties involved, there are general steps an injured victim can expect to experience during this process.
If you or someone you know is injured in Nevada due to the fault of another, the first step to take is to contact a skilled personal injury attorney. During the initial case evaluation, you will have the opportunity to interview lawyer and ask questions about his or her background, experience, and expected outcomes for your case. The more facts and details you can provide, the better equipped the attorney will be to assess your case. If you both decide to engage in representation, you will work together to move your case along.
Filing the Lawsuit
Once you have retained a personal injury attorney, the very next step is to file a civil lawsuit in Nevada’s court system. It is common for most attorneys to file a complaint in court as soon as possible. This is in order to help preserve their clients’ rights and not run afoul of the statute of limitations. The statute of limitations is the time frame in which a personal injury lawsuit must be filed or your claim will be forever barred. This is why it is critical to file a lawsuit as early as possible.
Typically the most contentious - or combative - phase of litigation, the discovery process tends to take the longest. Discovery is conducted by both the plaintiff and the defendant’s attorney. Each party sends requests for documents, responses, and other items relevant to the case at issue. The discovery process allows both sides to learn the truth regarding who was at fault for the accident and the causes behind the incident. Each party will work hard to show why the other was at fault and fight over what injuries were suffered, if any, as a result of the Nevada accident.
Once the discovery phase is complete in your personal injury case, the attorneys for both sides will likely attempt to settle the matter before going to trial. The overwhelming majority of personal injury cases across the United States settle before seeing the inside of a courtroom. There are several benefits in settling, including it being faster and less expensive than trial, as well as allowing the parties to have more control over the outcome of the case and the terms of the settlement.
Going to Trial
If the negotiation process is not successful and a settlement is not reached, the parties prepare for trial. During the trial phase, both sides present the best evidence to support their case and dispute evidence against them. Each side’s attorney will explain why he or she believes the other side is at fault as well as whether and how much monetary compensation is due to the plaintiff. At the end of the trial, a Nevada judge or jury will determine fault and award damages.
Personal Injury Help
If you or someone you know has suffered an injury in Nevada due to the fault of another, contact the experienced Las Vegas personal injury attorneys at Parry & Pfau today for your initial consultation.
(image courtesy of Marcelo Leal)