What Does Litigation Mean in a Personal Injury Case?

What is your accident story? Everyone seems to have an accident story. Sometimes, those stories could involve a collision with another car or truck, while other stories may be about a fall in a casino.

If you weren’t directly involved in the accident, it might have happened to a friend or family member, but we all have them. When recounting these stories, the first question is always, “What happened?”

That’s when you share the events leading up to the accident, and often, there’s the issue of who’s to blame. If someone else’s negligent actions caused the accident, the story then becomes about seeking compensation for your losses.

Getting What You’re Owed

If you’re seeking compensation for an accident caused by someone else, you have two options: File an insurance claim or file a civil complaint. That’s where the issue of litigation comes into play. Simply put, litigation means “to take legal action.”

The thought of going into a courtroom and facing a jury can fill you with dread. This is where you need the support of an experienced personal injury attorney.

You’ll want that experience when it comes to preparing to present your case to a judge and jury. Before that happens, you’ll need to know what litigation means in a personal injury case and how it can impact your chances of getting a fair settlement.

When is the Right Time for Litigation in a Personal Injury Case?

No matter how skilled your attorney is, avoiding a court trial is always preferable.

That’s why the vast majority of personal injury cases are settled out of court. However, there are some scenarios when litigation is the only viable path for you to achieve a fair settlement. When is the right time for litigation in a personal injury case?

Consider the following:

The Insurer Denies the Claim

Insurance companies are in the business of making money. The only way they can accomplish that goal is to collect more in premiums than they pay out in claims.

They are within their right to deny a claim, just as you are within your rights to take them to court and have them defend their reasons.

The Insurer Rejects Fair Offers

When your lawyer sends a demand letter to an insurance company, the official negotiation phase of your claim kicks into gear. That demand letter will provide the amount of money acceptable to you to cover your medical expenses, lost income, and pain and suffering. The insurance company can counter with a different amount that they think should be enough to make you happy.

After several negotiations, the insurance company’s final offer might be far off the mark. That means you can reject the offer and file your civil complaint.

The Insurer Shifts the Blame

Nevada state law relies on comparative negligence to settle personal injury matters. That means the blame can be shared for who is responsible for the accident. If the insurer can shift 20% or 30% of the blame back onto you, that means less they will have to pay out.

If you don’t accept that, you’ll want your day in court.

The At-Fault Party Has No Insurance

Filing an insurance claim after a car accident is routing, but what if the person who caused the accident didn’t have insurance?

In that situation, an attorney can help you determine if that person has viable assets. If so, you would skip over the claim and go straight to the litigation. These are the kinds of cases that might also settle out of court because they want to avoid the court costs.

What Help Can You Expect From the Law Offices of Matthew Sharp

According to statistics from the Supreme Court of Nevada, there were 187,837 civil filings in 2024. Not all of these cases involved personal injury, but it is a good indication of the scope of how busy the court can be.

The Law Offices of Matthew Sharp have over 30 years of litigation experience. We know the laws and how the court system works.

If we agree that your case has merit, we’ll put together a plan of action that will involve filing the claim and preparing for litigation if necessary. If a civil complaint is filed, it will add time to your eventual resolution, but given what is at stake, it makes sense to play out this option.

You can find out about these options and the potential challenges in our free initial consultation.

Call to schedule today. If you need to go to court, we’ll be with you every step of the way.