Nevada Automobile Accident Settlements vs. Litigation
When it comes to compensating victims of car crashes, Nevada is a “fault” state. However, the question of fault must be resolved before any compensation is due under Nevada’s personal injury law. The transaction is known as a settlement when both parties voluntarily pay an accident victim.
It is common for victims of careless drivers to say something like, “I will sue for damages,” but few of these cases go to trial. The amount of the settlement is likely to be negotiated between you and the other party by you and your Nevada car accident attorney. However, having legal representation is crucial if you end up in court. Make sure to click for help.
Compromised Situations Can Be Settled
The cause of inevitable accidents can be easily pinpointed. The insurance company for the person who caused the accident may see this and decide to compensate you. This initial compensation offer is not binding in any way.
It is likely that the insurer’s offer was relatively low since they wanted to settle the lawsuit for as little as possible. If you accept the settlement terms, the case will be closed permanently. If your injuries get worse, you will not be able to go back and get any further compensation. This is why you need to work with a Nevada personal injury attorney. You can have your attorney assess the offer, determine if it is fair, and potentially begin settlement talks for a higher amount.
The Steps Taken Before Choosing Court
For car accidents in Nevada, the statute of limitations is two years. The appropriate court must receive your case filing form within that time frame.
Litigation is the next step if talks and appealing an insurer’s rejection do not result in a satisfactory settlement. An experienced Nevada automobile accident attorney can explain the potential consequences of taking legal action.
Settlement Talks Following Litigation Filing
Even when a lawsuit has been filed, it is still possible to negotiate a settlement. The court will usually instruct the parties to try settling the dispute again through negotiation, this time with the help of a mediator.
Trials end with verdicts from the jury.
In a trial, each party presents evidence and questions the other’s witnesses. Your attorney may consult with specialized witnesses. Their account of the incident, its origins, and their assessment of the extent of your injuries could lend credence to your case.
Although most juries will feel some degree of compassion for those hurt in a car accident, there is no guarantee of a favorable verdict. If you prevail in court, the jury will determine the amount of money you are owed, and the court will issue a judgment ordering the other party to pay that amount.