The right decision depends on your unique circumstances. Working with a trusted legal professional who understands your case can make all the difference.
Victims who have been injured in an accident due to someone else’s negligence will wonder whether they should accept a settlement or take their case to trial. While both paths have advantages and risks, choosing the right path is specific to your case.
In Nevada, understanding how the process works—especially with recent legislative updates—can help you make a more informed choice. If you’re working with a Henderson personal injury lawyer, they can give you valuable legal advice that is specific to your individual circumstances.
How Personal Injury Cases Are Usually Resolved in Nevada
A majority of personal injury cases settle out of court. Settlements are quicker, less expensive, and more predictable, so they are a more popular option. Trials usually occur during cases where liability is contested, injuries are severe, or the parties can’t agree on a compensation amount,
Nevada has also implemented a mandatory, non-binding arbitration system for cases valued under $100,000. If either party disagrees with the outcome, they can still demand a trial, but the case may then proceed through Nevada’s “Short Trial Program,” which is faster and more streamlined than a traditional trial.
Pros and Cons of Settling
There are several benefits to settling your claim. Settlements are quicker than going to trial. The process can be a few months long and avoids the cost and stress of court proceedings. Settlements are also more controlled. There are no surprises, and you can decide whether to accept or reject it.
However, settlements typically come without any admission of fault from the defendant. Once you accept an offer, you waive the right to pursue additional compensation, even if your injuries become worse in the future.
Factors That Affect Settlement Value in Nevada
Nevada follows a “comparative negligence” rule, which means you can still recover damages even if you were partially at fault for an accident, as long as your share of the fault is 50% or less. Your compensation amount will be reduced depending on the percentage of fault you share.
Certain types of cases have damages caps in Nevada, such as medical malpractice cases which have a pain and suffering damage cap of $510,000. Most typical negligence cases, however, such as car accident cases and slip and falls, don’t have caps on economic damages.
Additionally, the statute of limitations for personal injury claims in Nevada is two years from the date of injury. Waiting too long to file can weaken your lawsuit and reduce your bargaining power.
When Going to Trial Might Be the Better Option
Going to trail can be riskier, but it also could be rewarding. A jury might award higher damages than what a defendant offered during settlement negotiations, especially if the injuries are severe or permanent.
Trials also allow for public accountability. If you want a formal finding of fault or to send a message to the defendant (such as a negligent corporation), a trial can accomplish that. And if there’s a mistake in the legal process, you may have the right to appeal.
Still, trials take longer and they’re more stressful. You’ll likely need to testify, undergo intense discovery, and pay expert witnesses. And if you lose, you walk away with nothing.
In Nevada, the Short Trial Program aims to reduce this burden for cases under $100,000 by offering a one-day trial with limited discovery and six jurors. This can be a good middle-ground for some plaintiffs who want their day in court without the full expense of traditional litigation.
Choosing the Right Option for You
While most personal injury cases in Nevada settle, that doesn’t mean you should settle for less than you deserve. A trial may be the better option in some situations, particularly if the other party is refusing to take responsibility or undervaluing your claim.
The right decision depends on your unique circumstances. Working with a trusted legal professional who understands your case can make all the difference.
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