When you bring a Nevada personal injury claim, there are several possible ways that your case can proceed. You might settle your claim by agreement before or after you file a formal suit in a Nevada court. You might take your case to trial for a jury to make the final decision.

To some extent, your fate is in your hands. The other side might make a settlement offer, and it might be up to you and your personal injury attorney to decide whether to accept it or take your case to trial. Here’s what you need to know about whether you should take your injury case to trial in Nevada.

Trial Judge Personal Injury Case

Should I Go to Trial in My Nevada Personal Injury Case?

Whether you should take your injury case to trial depends on whether you have more to potentially gain than you risk by going to trial. If the other side isn’t offering you a settlement that’s within the range of principled outcomes if you take your case to trial, it makes sense to take your case to trial.

Conversely, if the other side offers you a settlement amount that makes the cost, time, and risk of going to trial seem like it may not be worth it, you may not want to go to trial.

Should I Take My Nevada Personal Injury Case to Trial?

Unfortunately, there’s no simple calculation to do when it comes to deciding whether to take your injury case to trial. There are a number of factors to weigh when you decide whether to take your case to the judge or jury. Ultimately, the decision depends on a number of factors that you should consider, including the following:

Is the other side offering a fair settlement based on the value of the case?

One circumstance where it’s a good idea to take your case to trial is when the other side refuses to pay you a fair settlement. Your attorney can help you prepare an estimate of the value of your claim. For smaller claims, there may not be much variation in the lowest or highest possible values of the claim. For more substantial claims, there may be a bigger range of the possible values of your claim.

When you have a clear picture of the value range of your case, you can evaluate the offer that you receive from the other side. If they offer you a settlement that’s within the scope of possible outcomes, you should accept it and close your case. If the other side just isn’t willing to pay you a fair amount, you should take your case to trial.

Are the issues clear and the other side is just being unreasonable?

As you evaluate settlement offers, it’s essential to examine the issues in the case. Is the evidence clear, or are there points of honest debate? Does the other side have a point, or are they just trying to poke doubt in your claim so that you accept a low settlement? As you evaluate your claim, you should be honest about any potential weaknesses in your case. There may be places where the facts are debatable, and a jury could find either way. There may be unsettled questions of law that can work for or against you.

A case that should go to trial is a case where the issues are fairly settled. Where the issues or facts are unclear, you should consider those question marks in your negotiations to arrive at a fair settlement. An experienced personal injury lawyer can help you work to evaluate the strengths and weaknesses of your case honestly so you can assess whether the other side is raising fair points or just trying to make you doubt the strength of your case. When the issues are clear, and the other side simply refuses to pay you fairly, you may have a case that you should take to trial.

Do I have the wherewithal to wait for my trial date?

Cases that settle go faster. You don’t have to wait for a trial date or spend the time preparing everything that goes into presenting your case at trial. As you consider whether to take your claim to trial, remember that going to trial means waiting for your trial date. If you want to resolve your case sooner rather than later, that weighs in favor of accepting a settlement.

There are extra costs associated with a trial. Do I have enough to gain by going to trial that it’s worth taking on those additional costs?

In addition to extra time, going to trial includes extra costs. You may have to have an expert testify on your behalf. You may need to pay for depositions or even an animation of events. If your settlement offer is slightly lower than what you might receive at trial, it still might be a good deal once you factor in the costs of taking your case to trial.

Related: Benefits of Settling Your Personal Injury Claim Out of Court

Going to trial can be stressful. Am I willing to take on that stress for what I stand to gain?

Finally, going to trial can be stressful. You should factor in the stress of having to go to court, testify, and wait for the jury’s verdict. Going to trial may still make sense in your case, but you must be prepared for what to expect during the trial process.

Advice on Whether to Proceed to Trial in a Nevada Personal Injury Case

If you have a personal injury case and you’re wondering whether to take your case to trial, our attorneys can help. With years of experience, we can help you evaluate the pros and cons of your case to decide on the best course of action. We can help you look at the strength of your case and all of the relevant considerations. Ultimately, the choice is up to you, but we’re here to provide expert guidance that can help you have confidence in your decision. Contact us today for a free evaluation of your claim.


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Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 30 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.