[email protected] | September 17, 2025 | Personal Injury
When someone suffers an injury because of another person’s negligence, the road to justice often begins with filing a personal injury claim. Many injured people ask an important question: “How hard is it to actually win a personal injury lawsuit?”
The answer depends on several factors, including the strength of the evidence, the skill of your Las Vegas injury lawyer, and the laws in your state. In Nevada, where personal injury cases follow specific legal rules, success comes down to preparation and strategy. Keep reading to learn more.
The Burden of Proof in Personal Injury Cases
The first challenge in any lawsuit is the burden of proof. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt.” The standard is lower but still significant in civil cases such as personal injury lawsuits, where the plaintiff must prove their case by a preponderance of the evidence.
This means the injured party must show it is more likely than not that the defendant’s actions caused their injuries. Meeting this burden requires:
- Strong evidence, such as photos, medical records, and witness statements
- Expert testimony to explain technical or medical details
- Clear documentation of damages, such as lost wages and medical bills
Without these elements, convincing a judge or jury can be difficult.
Nevada’s Comparative Negligence Rule
Another factor that affects winning a lawsuit is how fault is shared. Nevada follows a modified comparative negligence system. This means you can still recover damages if you are partially at fault, as long as you are not more than 50 percent responsible for the accident.
For example, if a jury finds you 20 percent at fault for a car accident but awards $100,000 in damages, your recovery would be reduced to $80,000. However, you would recover nothing if you were 55 percent at fault. This rule often becomes a central issue in trials and can make winning harder if the defense successfully argues you share significant blame.
The Role of Insurance Companies
In many personal injury cases, the real opponent is not the at-fault driver, business, or property owner. It is usually their insurance company. Insurance adjusters have one goal: to minimize payouts. They may challenge the liability, dispute the severity of your injuries, or offer a low settlement, hoping you will accept out of financial stress.
Winning a lawsuit requires overcoming these tactics by:
- Presenting detailed medical evidence of your injuries
- Demonstrating how the accident has affected your ability to work and live normally
- Demonstrating the full extent of your damages
An experienced personal injury attorney can anticipate these defenses and push back effectively.
Common Obstacles to Winning
Several hurdles can make personal injury lawsuits more difficult:
- Disputed liability
- Pre-existing conditions
- Lack of witnesses
- Complex legal rules
Each of these issues can weaken your case if not handled properly.
The Importance of Legal Representation
The attorney you choose is one of the biggest factors in whether you win or lose. Personal injury law is complex, and having someone who knows how to build a persuasive case can make all the difference.
A skilled lawyer will:
- Investigate the accident thoroughly
- Gather and preserve crucial evidence
- Retain expert witnesses when needed
- Negotiate aggressively with insurance companies
- Present a compelling case at trial if settlement negotiations fail
Statistics consistently show that injury victims represented by attorneys recover significantly more compensation than those who represent themselves.
Nevada’s Statute of Limitations
Timing also matters. Under NRS 11.190(4)(e), most personal injury lawsuits in Nevada must be filed within two years of the date of the injury. Missing this deadline almost always results in losing your right to pursue compensation, no matter how strong your case might have been.
This deadline highlights why it is important to act quickly after an accident. Waiting too long can make it harder to gather evidence and may even cost you the chance to file a lawsuit altogether.
Contact Battle Born Injury Lawyers for a Free Consultation With a Las Vegas Personal Injury Lawyer
Winning a personal injury lawsuit isn’t easy, but you don’t have to face the challenges alone. At Battle Born Injury Lawyers, we’ve helped countless Nevadans stand up to insurance companies and secure the compensation they deserve.
Contact us today or reach out online for a free, no-obligation consultation with a Las Vegas personal injury lawyer. We’ll listen to your story, explain your options, and fight to protect your rights from day one.
We proudly serve Clark County and its surrounding areas.
Battle Born Injury Lawyers – Downtown Las Vegas Office
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287
