Getting into a car accident can be overwhelming, especially if you suffer serious injuries. The process of recovering financial compensation for your injuries and bills can be frustrating, with insurance companies that don’t cooperate and are not on your side.
Although the majority of car accident cases in Nevada are settled outside of court, there are situations where you may need to file a car accident lawsuit. Understanding the steps involved in this process can give you a better idea of what to expect. If you want to guidance with your case and filing, our experienced Las Vegas car accident lawyers are here to help.
Step 1 – Ensure Medical Treatment and Documentation
The first step to any injury claim is getting medical care. Always seek medical treatment for your car accident injuries immediately after a crash. An insurance company needs to see that you received prompt care and that you’re following your treatment plan. It is also critical for your physical health to see a doctor right away.
Even if your injuries seem minor, go to a hospital. You may have hidden or delayed injuries that will worsen over time without treatment. Keep copies of your medical records for insurance purposes. Save documents such as your diagnosis, x-rays and medical scans, medical bills, treatment plans, and prescriptions.
Step 2 – Gather Evidence From the Crash
If you can, start collecting evidence to support your case while you are still at the scene of the car accident. Pull over immediately and check yourself and others for injuries. When it is safe to do so, exit the vehicle to speak to the other driver. Write down his or her name, contact information and insurance information.
Police Reports, Photos and Witness Statements
Call 911 to report the crash to the police in Nevada. This will give you a police report that can provide crucial evidence for your car accident lawsuit. Take photos and videos at the scene for evidence. If there are any witnesses or vehicle passengers, write down their names and phone numbers so that you can obtain statements later. They may have witnessed something that helps your case.
Damage Estimates and Insurance Correspondence
In the days after your car accident, you will have opportunities to collect other types of evidence. This includes a copy of your police report, medical records and vehicle damage repair estimates. You should also keep all emails or letters sent to you by insurance companies. Take detailed notes after phone conversations with claims adjusters.
Step 3 – Understand Nevada’s Statute of Limitations
To file a car accident lawsuit in Nevada, you must take action within the state’s statute of limitations. Nevada Revised Statutes § 11.190 places a period of limitation of two years for personal injury actions and three years for property damage.
There may be exceptions in special cases, such as car accidents involving injured minors (the statute of limitations begins on the date the minor turns 18), but you should always act sooner rather than later. Missing your statute of limitations means giving up the ability to seek financial compensation.
Step 4 – File a Claim With Insurance First
Typically, car accident cases in Nevada do not go directly to court. They begin with attempts to resolve the legal dispute through a settlement, or a private agreement between a car insurance company and the claimant. This means you will start your case by filing a claim with the correct insurance provider.
Nevada Is an At-Fault State
Nevada uses an “at-fault” car insurance law to determine who is financially responsible, or liable, for collisions. Under this rule, the person at fault for causing the crash must pay, typically through his or her automobile insurance policy. After a car accident, you can file a claim seeking financial compensation for your damages or losses with the insurance carrier of the at-fault driver.
Step 5 – Hire a Nevada Car Accident Attorney
Before you proceed further with your insurance claim or settlement negotiations, communicate with a personal injury lawyer in Las Vegas for legal advice. A lawyer can give you information about your case, legal rights and options for seeking a financial recovery. You can trust the information you get from your lawyer, as he or she will work for you, not an insurance company.
Evaluate Case Value and Fault
A car accident attorney can give you an accurate idea of the value of your case. You may qualify for compensation for your past and future medical expenses, lost wages, property repairs, pain and suffering, and more. Unlike an insurance company, a lawyer will want you to receive maximum financial compensation for the full extent of your losses. Your lawyer will investigate to look for all potential sources of insurance coverage.
Handle Negotiations and Legal Filing
Hiring an attorney to represent you also comes with the benefit of being able to relax and focus on healing from your injuries while your lawyer takes care of complex legal tasks on your behalf. This includes negotiating a fair and full settlement from an insurance claims adjuster and – if necessary – filing the paperwork required to initiate a car accident lawsuit in your county.
Step 6 – Filing the Lawsuit in Civil Court
If an insurance company is refusing to cooperate or does not offer a reasonable settlement, your attorney may recommend filing a lawsuit. A law firm can draft and submit the formal complaint for you, which will outline the details of your case and the financial damages you are seeking from the defendant(s). Your lawyer will file the required paperwork with the civil courthouse in the correct county before Nevada’s deadline.
Step 7 – What Happens After Filing
After a lawsuit is filed, the defendant must be served with the paperwork within 120 days. The defendant will then have 20 calendar days to respond. If the defendant accepts liability for the car accident, settlement negotiations will begin. This may involve out-of-court meetings such as mediation or arbitration.
If a settlement cannot be reached, a court date will be set, and the discovery phase begins. Discovery is a period where both parties can exchange information and evidence before the start of a trial.
Car Accident Trial
Once the trial starts, it will consist of both parties presenting evidence and witness testimony to support their arguments. Each will have the opportunity to cross-examine the witnesses. Then, a judge or jury will determine whether or not the defendant is liable for the car accident and the victim’s related losses.
Take Action Early and Get Legal Support
A car accident lawsuit in Nevada can be a lengthy and confusing process that lasts several months to over a year. The best way to successfully navigate it is to contact an attorney early on for legal support. An attorney can improve the outcome of your claim or lawsuit and give you peace of mind along the way. For a free initial car accident case review in Nevada, call Edward Bernstein & Associates at (702) 710-6697.