When informal settlement efforts to close the personal injury claim does not end up in agreement over just and fair compensation, the matter must be taken for trial. The laws and guidelines for settling personal injury cases in Las Vegas are complex. Their resolution could take years.
The personal injuries in the Sin City can be circumstantial such as slipping over a wet floor and hurting a knee or more environment-specific such as getting injured into someone else’s fight during an argument in the casino. The personal injury leaves you both, physically and financially burdened and can also lead to temporary or permanent disability. Under such a situation, you might have to turn to courtrooms to release the compensation claim from the opposite party(s).
Guidelines for Personal Injury Claims
A victim of personal injury, caused by an individual or business entity, is unrestricted to demand economic and non-economic damages. According to the guidelines, personal injury cases can include vehicle and motorcycle accidents, commercial bus accidents, slip and fall accidents, defective products, premises liability, medical malpractice, and wrongful death. Car accidents in Las Vegas are the most common cause of injury in this city. An experienced Las Vegas personal injury attorney will be able to guide you through all the process of claim and can also provide you an estimate for how much compensation you can expect.
There are specific state laws and the statute of limitations to govern personal injury lawsuits and insurance settlements. The filing of the case requires the following, to present a legally acceptable case.
- The personal injury lawsuit must be filed within two years after the date of injury, as per the statute of limitations. If failed to follow this statute, Nevada will refuse to hear the case, barring the claim forever.
- A personal injury claim must be filed in the civil court jurisdiction where the injury occurred or where the defendant resides. Filing the case in the wrong venue or county may lead to its dismissal or the plaintiff may be fined by the court.
- The small claim courts, a division of Nevada Justice Court, must be approached for the damages claim of less than $5,000. If the damages claim is a minimum of $5,000, but not exceeding $10,000, the only Nevada Justice Court will hear the case. For the claims exceeding $10,000, the Nevada District Court handles the matters.
Process Involved in Filing a Personal Injury Lawsuit
With the assistance of a Las Vegas personal injury attorney, who is well updated with the process and guidelines of the Nevada court system, the filing of the lawsuit can be done. One must adhere to the process and guidelines, in order to pursue the case and avoid getting penalized by the court.
The formal process goes through several steps:
- Summons and Complaint – A court letter to explain the nature of the lawsuit and notifies another party that he/she is being sued.
- Subpoena – A legal document that requires the defendant to appear in court on a certain date.
- Discovery – A legal process which allows each party in a lawsuit to present their gathered evidence and information to establish the authenticity of their claims and assertions before the trial officially begins.
- Judgment – A decision delivered by court officiating the payment for damages from one party to the other.
- Appeals – The party unsatisfied with the judgment can go for petitions for a higher court to review a prior judgment.
Usually, the personal injury claims take years for settlement. Every case is differently complex or simple, hence predicting the exact time for the closure of the case, is a bit tricky. A trial often doesn’t commence until a year or more after an initial claim is filed, that too only if the guidelines are followed exactly as directed. Though, the trial does not last more than a week or two once the trial begins. The claims and counter-claims can take much of the litigation time. Then there is an onus of presenting witnesses and facts before the court.
The appeal may take other significant years if the appeal is accepted by the court.