Preparing For Litigation: Steps If Settlement Negotiations Fail

Car accidents and other personal injury cases can result in hefty medical bills. When you’re not the one at fault for the accident, it can be even more frustrating to have to pay expenses so you can regain your health. The good news is Nevada is an at-fault state which means if the other party is at fault, they will likely have to compensate you for your injuries.

Typically, when you file for a claim, you and your Las Vegas personal injury lawyer will be working with insurance companies towards a settlement. Settlements are often resolved without litigation, however, there are times when litigation must be pursued for a fair settlement. In these cases, your lawyer will be especially important.

How to Negotiate Settlements with Insurance Companies

The first step you should take when in an accident is to reach out to your lawyer to pursue a settlement. If it is rather clear that the other party was at-fault, the insurance company will likely offer you a settlement right away.

Insurance companies tend to offer as little as they can, and your lawyer will recommend you do not take that first offer. Instead, have your lawyer evaluate the offer and determine where you can negotiate a higher amount.

There are several areas that affect settlement offers that you can negotiate including:

Medical Expenses
Lost Wages
Pain and Suffering
Legal Fees and Costs
Future Medical Expenses
Rehabilitation and Support Services

Why a Las Vegas Personal Injury Lawyer is Crucial in Settlement Negotiations

Your Las Vegas personal injury lawyer has the main job of being the go-between and representative for you to the insurance company throughout your case. They will take a look at the first settlement and highlight areas where you deserve more compensation. In the event that the insurance company requires more evidence, your lawyer will work to find the evidence necessary.

Insurance companies want to pay as little as they can and often seek to discover if you had any part to play in the accident. If they find evidence that you may be partly at-fault, your settlement will be reduced. Lawyers play an important role if this happens by investigating the accident and working to remove a percentage or all of the fault from you; additionally, when an attorney is hired, they communicate for you directly with these entities, and ensure you don’t say anything that could compromise the settlement or verdict.

The insurance adjuster is a trained negotiator and does everything they can to pressure you into taking lower settlements. By having a lawyer at your side, you can be confident that you are getting what you deserve without settling under pressure.

When Should You Pursue Litigation in Your Personal Injury Case?

Nevada has the statute of limitations for personal injury cases set at 2 years. That means that you have two years from the date of the injury to file a lawsuit. But how do you know that it is time to pursue litigation? While the insurance company may be willing to negotiate the settlement amount with you, they still may not be willing to compensate you for damages that you deserve.

Insurance companies may assign fault to you or they may decide a number of things that lowers your claim that they are unwilling to negotiate. When this stand-still happens, you should consult with a Las Vegas personal injury lawyer. Your lawyer will evaluate your case and determine if your case is strong enough for litigation.

How to Negotiate with Insurance Companies after Filing for Litigation

Once the case is filed in court, the opportunity to negotiate is still on the table. You may find that the insurance company is willing to negotiate a higher settlement amount in order to avoid the risks and expense of going to court. They may do this right off the bat, knowing you’re pursuing litigation.

During trial preparation, you and the insurance company will be gathering and exchanging evidence. Another scenario that may play out during this exchange of evidence is a decision by the insurance company to negotiate and give you a higher settlement amount. They could do this because they see the risk of trial is too high based on the evidence your attorney will present.

Despite all this time to negotiate, the insurance company may still choose to move forward with the trial. If they do so, you will want to have a solid Las Vegas personal injury lawyer at your side to ensure your rights are protected and you walk away with the compensation you require.

What Happens During a Las Vegas Personal Injury Trial

During the trial, both you and the insurance company will present and cross-examine evidence. Evidence that you can present could come in the form of:

Medical Records
Medical Bills and Expenses
Pay Stubs and Tax Returns
Expert Witness Testimony
Psychological Evaluations
Photographs and Videos
Eyewitness Accounts
Personal Journals and Diaries

Most often, jurors will reach a verdict in the car accident victim’s favor and they will determine an amount the insurance company has to pay. However, there are times when the juror will side with the insurance company and this is the risk of taking the case to trial. However, by following your Las Vegas personal injury lawyer’s advice and directives, the chances of obtaining the maximum payout exceed efforts a victim can obtain on their own.

Pursue Litigation with Our Trusted Personal Injury Lawyers at Your Side!

You can trust that our Las Vegas car collision injury lawyers have an in-depth understanding of Nevada’s complex legal system and the nuances of personal injury law. So when you’re in an accident or require legal assistance with an insurance claim, let us help you obtain the highest possible outcome.

At Benson & Bingham, our team boasts the best in the business. Contact us today to see if your personal injury case will win in court!