Understanding the Timeline of a Personal Injury Case in Nevada
If you’ve been involved in an accident and are considering taking legal action, you’re likely to be working with a personal injury lawyer in Nevada. A crucial question you might have is how long the entire process will take. This article will provide an in-depth look at the timeline of a personal injury case in Nevada, helping you understand what to expect throughout the process.
Initiating a Personal Injury Claim: The Two-Year Window
The first crucial point to note is the timeline for filing a personal injury claim in Nevada. Except for a few exceptions, the law in Nevada stipulates that a personal injury case must be initiated no later than two years from the date of the incident. If the injury wasn’t immediately apparent, the clock starts ticking from the moment you discovered the injury or should reasonably have discovered it.
In the case of medical malpractice claims, the filing timeframe is slightly different, with the claim needing to be filed within one year from the date of discovery. Engaging a personal injury lawyer at the earliest opportunity can help ensure your claim is filed within these statutes of limitation.
Achieving Maximum Medical Improvement (MMI)
Once your claim has been filed, it’s essential to take a patient approach to the remaining legal process. It might be tempting to rush into a swift settlement to put the case behind you. However, this is not usually the best course of action.
Insurance companies are notorious for presenting their lowest offers first, expecting claimants to negotiate. Hence, rather than accepting the initial settlement offer, it’s recommended to work with your personal injury attorney to assess the true value of your claim.
A key aspect of this process is waiting until you reach the point of Maximum Medical Improvement (MMI), which is when your doctor determines that you are unlikely to improve further from your injuries. Only then will you fully understand the extent of your required treatments and the total medical costs you will incur. Ultimately, you want to be as close as medically possible to how you were before you suffered your injury.
The Discovery Phase: Unveiling the Facts
Once your personal injury case is ready to proceed, the discovery phase starts. This phase is essentially a fact-finding mission where both the plaintiff (you) and the defendant (the party you’re suing) gather information and try to understand the other side’s perspective.
The duration of the discovery phase can vary significantly, depending on the complexity of the case and the level of cooperation from the parties involved in the investigation. Having an experienced personal injury attorney in Las Vegas on your side can help expedite this process and ensure that all necessary information is accurately collected.
Settling or Proceeding to Trial
Most personal injury cases in Nevada are settled before they reach court. Settling a case can be faster, less expensive, and offers both parties more control over the outcome.
On average, a personal injury settlement takes about six months from the beginning to the end. However, if the insurance company is not offering a settlement that your personal injury lawyer deems fair, or if your claim has been rejected, your case may need to go to trial or arbitration. While the client is always in charge of whether or not to accept a settlement offer, it is important for your attorney to fight for what he or she deems is a fair settlement.
Nonetheless, a jury trial can take a year or more to complete, starting from the date of your accident. The timeline for a trial depends on the courthouse’s workload, which determines how long you’ll have to wait for a court date. Once the trial begins, it typically takes a few days to a week for both sides to present their arguments and evidence to a judge and jury.
Post-Settlement: Receiving Your Check
After the settlement has been agreed upon, the next step is to receive your settlement check. Typically, the insurance company issues a settlement check within a few days after signing the settlement agreement. However, it could take a few weeks before you receive your funds.
Before your lawyer can hand you any money, they must pay any outstanding medical bills, subrogation claims, and medical liens. Your personal injury attorney will negotiate with medical providers and health insurance companies to reduce the amount you owe, ultimately increasing the amount you receive.
Factors that Can Influence the Timeline of Your Personal Injury Case
Several factors can affect the timeline of your personal injury case. These include:
1. Type of the Case
The nature of your personal injury claim can significantly influence the timeline. Some claims are relatively straightforward, while others might involve complex issues that require more time to resolve.
For instance, truck accident litigation and product liability cases tend to be more complicated than other types of personal injury cases. These cases often require hiring expert witnesses to assist in the investigation and may involve multiple defendants, each potentially bearing some responsibility for the accident.
2. Extent of Your Injuries
The severity of your injuries will also have a significant impact on the timeline of your case. More complex injuries that require extensive medical care can prolong the process, as it’s essential to wait until your injuries have stabilized before determining the full extent of damage.
3. The Compensation You Are Due
Insurance companies often try to minimize the compensation they offer, which can lead to protracted negotiations. By working with a personal injury lawyer, you can gain a better understanding of the compensation you should receive, which in turn can lengthen the negotiation process.
Why Choose a Personal Injury Lawyer from ZT Law Group?
At ZT Law Group, our team of experienced personal injury attorneys in Las Vegas is committed to helping you navigate the complexities of personal injury law. We are dedicated to ensuring you receive the compensation you deserve and we don’t charge until you win your settlement case.
To find out more about how we can assist you with your personal injury claim, contact us today to schedule a free consultation.