Most people have little or no experience with the legal system prior to an accident. For this reason, you may not know where to start after a negligent person or organization causes you physical harm. A good thing to know is that you have some time to organize your claim for damages. Nevada law gives you two years after an accident to initiate a personal injury lawsuit. Before that deadline, you might succeed in collecting an insurance settlement. Personal injury attorneys in Las Vegas help people with both insurance claims and lawsuits. 

 

Insurance Claims Come Before Lawsuits

 Although people use the phrase “sue for damages” loosely, the vast majority of accident victims file insurance claims. Usually, only when an insurance claim cannot be settled will a person advance the issue to the courtroom. Either way, consulting a personal injury lawyer in Las Vegas remains an important thing to do before talking to an insurance adjuster. 

 

 Insurance claims progress through these steps:

  • You file a claim detailing fault for the accident, medical expenses, and other losses.
  • The insurer offers a settlement that may or may not be acceptable to you.
  • Negotiations ensue between you and the insurer.
  • Both sides arrive at an acceptable amount to settle the claim.

 For various reasons, insurance negotiations might stall, and you might be denied entirely or fail to receive a fair offer of compensation. When this happens, you will decide whether a personal injury lawsuit is a feasible next step with your lawyer. 

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Filing a Lawsuit Based on Negligence

 To prepare for court, you must present strong evidence that illustrates the responsible party’s negligence. You must draw a clear line between the negligence as the source of the accident and the accident being the source of your injuries.

 After the primary need to prove fault, you also include evidence about your financial losses and other consequences of the accident that disrupted your life. 

 

Step 1 Collect Documentation About All Expenses and Medical Care

 Your medical records and bills are needed to show your suffering and expenses. Complete documentation limits an insurer’s ability to dismiss your damages. On top of bills, you should gather information about your lost income. Many types of losses may be legally recoverable, and a Las Vegas injury attorney can help you know exactly what damages can be claimed. 

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Step 2 Find Out About Insurance Coverage

 Winning a lawsuit does not provide much satisfaction if the responsible party has no money or assets. Insurance solves this problem by making money available for victims. After an accident, you need to find out if any insurance coverage exists as soon as possible. A personal injury lawyer in Las Vegas could track down this information for you.

 If no insurance is available, then you might want to know if the responsible person has the financial means to compensate you. Should your lawsuit succeed, a negligent person would be legally obligated to compensate you out of personal assets. 

 

Step 3 Gather Evidence to Prove Fault

 Because a lawsuit could ultimately end before a jury, evidence about fault and negligence will be crucial for convincing jurors of your need for compensation. Evidence gathering can involve many activities, such as interviewing witnesses, consulting experts, collecting the police report, and tracking down surveillance video. 

 A badly hurt person may need to outsource the investigation to a law firm. Personal injury attorneys in Las Vegas know how to conduct investigations and have access to experts. Additionally, a case that depends on complex technical details will benefit from an attorney’s ability to obtain expert testimony and communicate information to a jury. 

 

Step 4 Present Everything in a Formal Court Filing

 Once all pertinent information has been gathered, it must be filed with the applicable court with formal legal documents. You would typically rely on a Las Vegas injury attorney to prepare these documents due to the high financial stakes. 

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Step 5 Discovery

 In the time leading up to the trial date, the lawyers for the plaintiff and defendant request evidence from each other. This is known as discovery. The sharing of information allows both sides to prepare their strategies for the courtroom. Pretrial negotiations typically continue during discovery, and a pretrial settlement remains entirely possible at this stage. 

 

Step 6 Present the Case in Court

 Should your case proceed to trial, then your lawyer and the defendant’s lawyer present their evidence and arguments to the jury. Ideally, you will have hired a personal injury lawyer in Las Vegas capable of managing a complex trial and swaying a jury to your side. If a jury delivers a verdict in your favor, the court will order the insurer or other responsible party to pay you.

 

Legal Representation for Accident Victims

 Darren J. Lach has been recognized by his peers and clients for his talents as a litigator. Lach Injury Law focuses only on personal injury. If you have been in an accident and need advice, then Lach Injury Law will explain your rights and recommend next steps. Please contact our office to set up a free consultation with a personal injury lawyer in Las Vegas.

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