Many plaintiffs in lawsuits are wary of going to court. That’s understandable, though our lawyers can explain what to expect from a trial, so it’s less intimidating. Nevertheless, you generally don’t have to go to court for a personal injury case, though we may advise it if it gets you more damages.
Most personal injury lawsuits don’t go to court. Instead, both sides negotiate and agree on a settlement amount to resolve the case. Trials may yield more compensation than a defendant offers in a settlement, and our lawyers will keep this in mind when advising you whether to accept a certain amount. You may accept a persona injury settlement during a trial. This ends a case, so we will make sure it’s fair before you sign the agreement.
To get a free case evaluation, the Las Vegas, NV personal injury lawyers of Mitchell Rogers Injury Law, call us now at (702) 702-2622.
Do You Have to Take Your Personal Injury Case to Court in Nevada?
You don’t necessarily have to take your personal injury case to court in Nevada. Most defendants want to settle lawsuits and won’t insist on going to trial, where a jury may award even greater damages to the plaintiff.
It’s normal for plaintiffs to be wary of trials, especially if they need compensation quickly. Raise any of your concerns about going to court with our Boulder City, NV personal injury lawyers, and we can address them head-on. We can explain the potential benefits of taking a personal injury case to trial in Nevada and what going to court entails.
Most personal injury lawsuits settle without trials, meaning plaintiffs never have to go to court. That said, you should not accept a bad settlement just to avoid a trial, and our attorneys can prevent that from happening during your case.
Should You Go to Court for a Personal Injury Lawsuit?
Going to court has definite benefits for personal injury victims in Nevada. As settlement negotiations progress, our lawyers can gauge whether or not you should move forward with a trial.
You shouldn’t necessarily go to court immediately after filing a personal injury lawsuit. We can spend some time negotiating a settlement, in case the defendant strongly wants to avoid a trial and is prepared to give a sizeable settlement.
If settlement negotiations don’t progress and take too long, we may advise you to go to trial. Sometimes, even stating we are ready for court is enough for the defense to send a much bigger offer that’s worth agreeing to.
Going to trial may yield more compensation than what’s available from an out-of-court settlement. A jury may award more non-economic damages, and may even give punitive damages if the defendant acted with fraud, malice, or oppression, according to NRS 42.005.
Whether or not you go to trial is one of the most important decisions you make throughout your personal injury lawsuit, so rely on our attorneys for assistance.
Does Going to Court Take Longer Than Settling a Personal Injury Case?
Going to court doesn’t necessarily take longer than settling a personal injury case. Every lawsuit is different, and we can estimate how long yours might take, whether it settles or goes to trial.
Settlement negotiations can take weeks or months. This generally depends on how badly a defendant wants to settle to avoid trial, and how quickly the victim needs compensation. We won’t let settlement negotiations delay your recovery for too long, however, and may move forward with a trial if the defense intentionally stalls negotiations.
A personal injury trial may only take a matter of days to complete in Nevada. That said, it may be weeks or months before a judge is assigned to the case, however, and our lawyers can factor that into our timeline estimations as well.
Can You Accept a Personal Injury Settlement After Going to Court?
Even if you go to court for a personal injury case in Nevada, the defense may periodically send settlement offers before the trial ends. It’s up to you whether or not you accept any of these offers, and our lawyers will help you make that decision.
If a settlement offer sent during the trial is substantially better than those sent before we went to court, it may be worth accepting. However, suppose our lawyers think you can get more from a jury award because of the defendant’s conduct, such as punitive damages. In that case, we may advise you to reject the offer and continue with the trial. That may provoke an even larger settlement agreement.
You can accept a personal injury settlement during a trial, ending your court case early. You can’t change your mind after signing a settlement agreement, so we will only advise this if we think it’s best for your recovery.
Do You Have to Testify if You Take Your Personal Injury Case to Court in Nevada?
If you take your personal injury case to trial in Nevada, testifying may help prove your case. We can make sure you feel ready to talk about the defendant’s negligence, your injuries, and your damages on the stand if and when that time comes.
Testifying is your chance to prove your pain and suffering. These are non-economic damages and are inherently subjective. With your testimony, you can explain the emotional distress or physical pain you’ve endured, and the jury will consider that when awarding non-economic damages.
Your testimony also helps us prove the defendant’s negligence. As a witness, you can describe the defendant’s conduct to explain how they injured you, and we can corroborate your testimony with additional evidence, like photos, videos, and other eyewitness statements.
Call Our Nevada Injury Attorneys Today
Call our Enterprise, NV personal injury lawyers at (702) 702-2622 for help with your case from Mitchell Rogers Injury Law.