Filing a car accident lawsuit might be the furthest thing from your mind after experiencing a crash, but taking legal action is often the only way to get the money you need to pay for your recovery. When you get hurt on the road, you quickly find yourself facing a mountain of medical bills from the emergency room, losing out on your regular paycheck because you cannot work, and dealing with physical pain every single day. Getting to know how the legal system works gives you the power to take control of your life and move forward after an unexpected collision.
At Friedman Injury Law, we know that recovering from a wreck means looking out for your long-term future, not just paying off the bills you have right now. Our founder, Blake Friedman, is a Las Vegas native who has spent his career fighting for people in our community when they need help the most.
We have won over $100 million in settlements for our injured clients, and our team has earned over 400 5-star reviews from people we have helped through these exact situations. We work hard to make sure the insurance companies treat you fairly from the first day you call us until your case is completely resolved.
Who can file a car accident lawsuit in Nevada?
Anyone who suffers an injury in a Nevada traffic crash because another driver was careless has the right to file a lawsuit to demand payment for their losses.
This legal right covers injured drivers, passengers sitting in the vehicle, pedestrians walking down the street, and bicyclists who get hit by cars. If you suffer physical injuries, emotional stress, or financial loss because a driver was distracted, speeding, or breaking the law, you have a reason to take them to court.
Nevada uses a modified comparative negligence rule when deciding who pays for a crash, which means you can still get money even if you helped cause the accident. Under this law, you can recover compensation as long as your share of the blame for the wreck is not higher than 50 percent.
Even if you worry that you made a mistake on the road that contributed to the crash, you should talk to a lawyer who can look at the police report and explain how the rules apply to your situation.
How long do you have to file a lawsuit?
Nevada law gives you exactly two years from the date of your collision to file a personal injury lawsuit against the person who caused the wreck. This strict legal time limit is called the statute of limitations, and missing this date means a judge will dismiss your case, leaving you with no way to force the insurance company to pay for your injuries.
Two years feels like a long time when you are looking at a calendar, but building a solid legal claim requires a massive amount of preparation and time. Your legal team needs to track down video footage, talk to people who saw the crash, and wait for your doctors to figure out what kind of medical care you will need in the future.
Talking to a lawyer right after your accident happens ensures that you do not run out of time and keeps your claim moving forward without any delays.
Tips for filing a car accident lawsuit
Starting a lawsuit can feel overwhelming when you are trying to heal, but doing a few basic things right after a crash can completely change the outcome of your claim.
You should start by taking pictures of the damage to the cars, saving every single medical bill, and writing down the names and phone numbers of anyone who stopped to help. It is also important to call the police to the scene so they can write an official report and to tell your own insurance company about the crash as soon as possible.
You should never talk to the claims adjuster from the other driver’s insurance company or give them a recorded statement without speaking to a lawyer first. Insurance adjusters are trained to use your own words to lower the value of your claim or blame you for the wreck.
Having an attorney handle these conversations protects your rights and prevents the insurance company from taking advantage of you.
Car accident lawsuit timeline
Going through a personal injury lawsuit involves a specific series of legal steps that move your case through the court system. Here is what you will experience as your case moves forward:
- Evidence collection: Your attorney starts by gathering police reports, medical files, photos of your injuries, and statements from witnesses to prove who caused the crash.
- Demand letter: Your lawyer sends an official letter to the insurance company explaining your injuries and demanding a specific amount of money to settle the claim.
- Filing a complaint: If the insurance company refuses to pay a fair amount, your lawyer files an official document in court to start the lawsuit.
- Defendant’s response: The driver who hit you receives the lawsuit paperwork and gets a few weeks to file an answer denying or admitting the claims.
- Discovery phase: Both sides spend months sharing evidence, answering written questions, and taking recorded statements from witnesses and doctors under oath.
- Settlement negotiations: Lawyers from both sides look at the shared evidence and try to agree on a payout so they do not have to go to court.
- Trial: If the insurance company will not offer a fair settlement, your lawyer presents your case to a judge or jury who decides how much money you win.
- Appeals: The losing side can ask a higher court to look at the case if they believe the trial judge made a legal mistake during the case.
How long does a car accident lawsuit take?
A typical car accident lawsuit can take anywhere from a few months to several years to finish depending on how many drivers were involved and how long it takes you to heal. Cases move slower when courts are busy or when insurance companies refuse to offer a fair amount of money before a trial.
Take control of your lawsuit with the help of Friedman Injury Law
Filing a lawsuit in Las Vegas requires deep knowledge of Nevada traffic laws and local court rules, which is why you need a strong legal team on your side.
Friedman Injury Law will take care of all the paperwork and negotiations so you can put your energy into going to physical therapy and getting better. We offer free consultations to explain your rights, and you can reach us at (702) 970-4222 to discuss your case with a team that has won over $100 million for injured victims.