Your case begins with an initial consultation where attorneys evaluate liability, damages, and develop strategy for maximum recovery. During the investigation phase, your lawyer gathers evidence, obtains medical records, and consults experts about injury impacts and future needs. You’ll attend independent medical examinations requested by insurance companies and provide deposition testimony about the accident and injuries. Regular communication from your legal team keeps you informed about settlement negotiations, important deadlines, and case developments. The discovery phase involves exchanging documents, answering written questions, and participating in depositions that can feel stressful but prepare you for potential trial. Most cases include mediation attempts where neutral third parties facilitate settlement discussions between parties. Throughout the process, following medical treatment plans and maintaining documentation strengthens your position for favorable resolution.
Most personal injury lawyers work on contingency fees, meaning you pay nothing unless they recover compensation for your case. Standard contingency fees range from 33% for pre-litigation settlements to 40% if filing lawsuits becomes necessary. Case expenses like filing fees, expert witnesses, and medical record costs are typically advanced by law firms and reimbursed from settlements. Written fee agreements should clearly explain percentage calculations and whether expenses deduct before or after attorney fees. Some firms offer sliding scale fees for larger recoveries, reducing percentages on amounts exceeding certain thresholds. Free consultations let you understand fee structures before committing to representation. Quality representation often generates substantially higher settlements that more than offset attorney fees compared to handling claims alone.
Attorneys level the playing field against insurance companies with teams of adjusters and lawyers protecting their interests. They handle all communication preventing you from making statements that could harm your claim or accepting inadequate settlements. Experienced lawyers accurately value cases considering all damages including future medical needs often overlooked by unrepresented claimants. They coordinate with medical providers ensuring proper documentation and arranging treatment when you lack health insurance. Attorneys investigate thoroughly, finding evidence you might miss and identifying all potentially liable parties for maximum recovery sources. Their negotiation experience and trial reputation motivate higher settlement offers than individuals typically achieve alone. Legal representation allows you to focus on recovery while professionals handle the complex legal process and protect your rights.
Filing a lawsuit begins with a complaint outlining your claims, damages, and legal theories against defendants who must respond within 20 days. Discovery follows where both sides exchange information through written questions, document requests, and depositions under oath. Expert witnesses evaluate injuries, reconstruct accidents, and calculate economic losses providing crucial evidence for both sides. Motion practice allows parties to resolve legal issues before trial including requests to exclude evidence or dismiss claims. Settlement negotiations intensify as trial approaches, with many cases resolving during court-ordered mediation sessions. If trial proceeds, jury selection identifies impartial jurors followed by opening statements, witness testimony, and closing arguments. The jury deliberates privately before rendering verdicts on liability and damages amounts creating enforceable judgments.
You have the legal right to represent yourself (pro se) in civil lawsuits, but doing so significantly disadvantages your case. Court procedures require strict compliance with rules you must learn while simultaneously managing your recovery and building evidence. Insurance company lawyers will exploit your inexperience with legal procedures, evidence rules, and negotiation tactics. Self-representation often results in dismissed cases due to technical errors or inadequate settlements from poor negotiation positioning. Personal injury attorneys work on contingency, eliminating upfront costs and typically generating higher net recovery even after fees. Complex medical evidence, expert witness requirements, and damage calculations exceed most non-lawyers’ capabilities. Consider attorney representation as an investment that pays for itself through increased recovery rather than an expense reducing your compensation.
Average settlements vary dramatically based on injury severity, making general averages misleading for evaluating individual cases. Minor soft tissue injuries might settle for $3,000-$15,000 while catastrophic injuries can reach millions depending on circumstances. Medical expenses form the baseline with pain and suffering multiples typically ranging from 1.5 to 5 times medical costs. Permanent injuries, scarring, and disability significantly increase values beyond simple medical expense calculations. Insurance policy limits create practical ceilings regardless of actual damages in many cases. Local jury verdict trends influence settlement values as parties evaluate trial risks versus negotiated resolutions. Your specific circumstances including age, occupation, and injury impact determine appropriate compensation rather than statistical averages.
Nevada follows modified comparative negligence rules, allowing recovery if you’re less than 51% at fault for the accident. Your compensation reduces by your percentage of fault, so 20% fault means receiving 80% of total damages. Insurance companies aggressively argue comparative fault to minimize payouts, making strong legal representation essential. Common fault allegations include speeding, distracted driving, or failure to avoid the accident even when the other party initiated it. Your attorney will counter these arguments by thoroughly investigating and presenting evidence minimizing your fault percentage. Witness testimony, accident reconstruction, and traffic camera footage help establish accurate fault distribution. Even admitted partial fault doesn’t eliminate recovery rights, though it affects final compensation amounts proportionally.
Maximizing settlements requires complete medical treatment following doctor recommendations without gaps that insurers exploit to minimize claims. Document everything including pain levels, daily activity limitations, and emotional impacts through journals and photographs. Avoid social media posts showing physical activities that contradict injury claims or discussing your case publicly. Let attorneys handle all insurance communications preventing statements that could reduce your claim value. Gather witness information quickly before memories fade and people become unavailable for testimony. Keep all receipts for accident-related expenses including mileage, medications, and assistive devices often overlooked. Be patient allowing your attorney to build maximum value rather than accepting quick lowball offers from insurers.