The personal injury claim process begins immediately after an accident when you seek medical treatment and document your injuries. Your attorney will investigate the incident, gathering evidence like police reports, witness statements, medical records, and photographs of the scene. They’ll calculate your damages including medical expenses, lost wages, pain and suffering, and future care needs. Next comes the demand phase where your lawyer sends a detailed settlement demand to the at-fault party’s insurance company. Insurance adjusters will review your claim and typically respond with a counteroffer, initiating negotiations that can last weeks or months. If negotiations fail to produce a fair settlement, your attorney will file a lawsuit and enter the litigation phase involving discovery, depositions, and potentially mediation. Most cases settle before trial, but if necessary, your case will proceed to jury selection and trial where evidence is presented to determine liability and damages.
Nevada law provides two years to file most personal injury lawsuits from the date injury occurs or should have been discovered. Medical malpractice cases have special rules including one year from discovery but maximum three years from the incident. Government claims require written notice within six months making immediate legal consultation crucial for these cases. Minors have until two years after reaching age 18, providing extended time for childhood injury claims. The defendant leaving Nevada can toll the limitations period until they return and can be served. Missing deadlines generally bars claims forever regardless of merit, making prompt action essential. Starting legal proceedings early provides time for thorough investigation and negotiation before facing deadline pressure.
Your first priority after any accident is seeking immediate medical attention, even if injuries seem minor, as some conditions worsen over time. Call 911 to report the accident and request police documentation, which creates an official record crucial for your claim. Document everything possible at the scene including photographs of injuries, property damage, road conditions, and gathering contact information from witnesses. Never admit fault or discuss the accident details with insurance adjusters before consulting an attorney, as statements can be used against you. Keep all medical appointments and follow doctor’s orders precisely, as insurance companies use missed appointments to argue injuries aren’t serious. Preserve evidence including damaged clothing, vehicle parts, and any objects involved in the incident. Contact a personal injury attorney quickly to protect your rights and ensure critical evidence isn’t lost or destroyed.
Case value depends on multiple factors including injury severity, medical expenses, lost wages, permanent impairment, and impact on quality of life. Economic damages include all medical bills, future treatment costs, lost income, and diminished earning capacity calculated through expert testimony. Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life, often calculated as multiples of economic damages. Insurance policy limits create practical ceilings on recovery regardless of actual damages in many cases. Factors increasing value include permanent injuries, scarring, lengthy recovery periods, and clear liability with egregious defendant conduct. Comparative negligence reduces recovery proportionally if you share fault for the accident. Your attorney should provide realistic value ranges based on similar case outcomes rather than promising specific amounts before thorough investigation.
Nevada law doesn’t mandate specific settlement timeframes but requires insurance companies to handle claims in good faith without unreasonable delays. Insurers must acknowledge claims within 20 days and accept or deny coverage within 30 days after receiving proof of loss. They cannot unreasonably delay investigation or payment once liability becomes reasonably clear under policy terms. Bad faith practices including unjustified delays can subject insurers to penalties beyond policy limits. Insurance companies often use full policy periods hoping financial pressure forces lower settlements from desperate claimants. Your attorney can file lawsuits forcing action and potentially recovering bad faith damages for unreasonable claim handling. Document all communications and delays building potential bad faith claims if insurers don’t act reasonably.
Simple personal injury cases with clear liability often settle within 3-6 months after medical treatment concludes. Complex cases involving severe injuries, disputed liability, or multiple parties can take 1-2 years or longer to resolve. The timeline depends on factors including medical treatment duration, insurance company cooperation, and court scheduling if litigation becomes necessary. Cases cannot settle fairly until you reach maximum medical improvement, allowing accurate assessment of future needs and permanent impacts. Discovery phases in litigation add months for depositions, expert evaluations, and document production. Some insurance companies deliberately delay hoping financial pressure forces you to accept inadequate settlements. Experienced attorneys use various strategies to expedite resolution while ensuring full compensation for all damages.
Pain and suffering represents separate non-economic damages beyond medical bills and other economic losses. Medical bills fall under economic damages covering actual treatment costs while pain and suffering compensates for physical discomfort and emotional distress. Insurance companies often confuse claimants by suggesting one category includes the other to minimize total compensation. You’re entitled to recover all medical expenses plus additional amounts for pain, suffering, and diminished quality of life. Pain and suffering calculations often use multipliers of medical bills, but they’re distinct damage categories. Severe injuries with relatively low medical costs can still generate significant pain and suffering awards. Understanding these distinctions helps evaluate whether settlement offers adequately compensate all your losses.
Nevada’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit. Missing this deadline typically bars recovery completely regardless of injury severity or clear liability. Some exceptions extend the deadline including discovery of injuries later, defendant absence from Nevada, or minority age. Government entity claims require special notice within six months, much shorter than standard limitations periods. The clock starts on the accident date, not when you realize injury extent or identify responsible parties. Don’t confuse insurance claim deadlines with lawsuit filing requirements, as they’re separate timeframes with different consequences. Starting the legal process early preserves evidence, witness memories, and provides negotiation time before approaching deadlines.