How Long Will My Las Vegas Car Accident Case Take To Settle?

The Extent of Your Injuries

One of the main factors that will influence the time it takes for your case to settle is the type and extent of your injuries. Depending on how severe your injuries are, it may take time to get a clear prognosis, treatment plan, and idea of the long-term impacts of the injuries. To ensure that you get compensation for all of your damages, it’s important that you don’t settle your case before the full extent of your injuries is known.

The Value of Your Claim

No matter how strong your claim and the evidence supporting it is, insurance companies will try to stall before agreeing to a high-value settlement. Insurance companies know that injured victims are often in need of compensation to cover the cost of their losses; they hope that, by dragging out settlement negotiations, the injured party may agree to a lower settlement amount.

The Types of Non-Economic Damages Available in Your Case

Non-economic damages aim to compensate injured victims for the intangible or emotional consequences of an accident or injury. These may include pain and suffering, mental anguish, diminished quality of life, and more. Non-economic damages are harder to calculate than economic damages, which include things like medical costs, property damages, and lost wages. Accordingly, if non-economic damages are available in your case, your case may take longer to settle. The parties may dispute the extent and amount of your non-economic damages, which could lead to prolonged negotiations.

Whether Your Case Proceeds to Trial

Most personal injury cases are resolved through settlement negotiations and mediation. However, if the insurance company refuses to agree to a reasonable settlement that covers all of your damages, your case may proceed to court. This can prolong the length of your car accident case. Once your case goes to court, additional factors will affect the length of your case, especially if it goes to trial. These include the court’s caseload, the attorneys’ calendars, and delays that may arise related to the litigation. However, cases can still settle even after a lawsuit is filed, and most cases don’t reach trial.

Whether You Were Partially at Fault

If it is uncontested that the other party bears sole responsibility for the car accident that caused your injuries, then the time for settling your case may be expedited. However, when there are multiple parties at fault in an accident, the case is less straightforward and can take longer to resolve.

Nevada follows a modified comparative negligence law. Under this approach, each party will be apportioned a percentage of fault in the accident (which may be 0%, if you bear no responsibility). If you are being blamed for the accident or if multiple parties are potentially at fault, this may lead to in-depth investigations and prolonged proceedings. Note that your ultimate financial recovery will be reduced in proportion to your percentage of fault. Therefore, your attorney will fight to make sure that you aren’t assigned more than your fair share of the blame.