What to Do When Settlement Negotiations Fail: A
Guide to Litigation Preparation

Personal injury cases, such as car accidents, often lead to significant medical expenses. It can
be particularly frustrating to shoulder these costs when you weren’t responsible for the accident.
Fortunately, Nevada operates as an at-fault state, meaning that if the other party is determined
to be at fault, they are typically required to compensate you for your injuries.

When you file a claim, you and your Las Vegas personal injury attorney will generally work with
insurance companies to negotiate a settlement. While many cases are resolved without the
need for litigation, there are instances where pursuing legal action becomes necessary to
achieve a fair outcome. In such situations, having a skilled lawyer by your side is crucial.

Managing Settlement Talks with Insurance Providers

The first action you should take after an accident is to contact your lawyer to begin pursuing a
settlement. If it’s evident that the other party is at fault, the insurance company may quickly
present you with a settlement offer.

However, insurance companies often aim to minimize payouts, and your lawyer will likely advise
against accepting the initial offer. Instead, they will review the proposal, assess its fairness, and
identify opportunities to negotiate for a higher amount.

Several factors influencing settlement offers can be negotiated, such as:

● Healthcare Costs
● Income Loss
● Emotional and Physical Distress
● Attorney Fees and Related Expenses
● Ongoing Medical Care
● Rehabilitation and Support Services


The Importance of a Las Vegas Personal Injury Attorney in
Settlement Negotiations

A key role of your Las Vegas personal injury attorney is to act as your advocate and
intermediary when dealing with the insurance company throughout your case. They will review
the initial settlement offer and identify areas where you may be entitled to additional
compensation. If the insurance company requests further evidence, your attorney will take the
necessary steps to gather and present the required documentation.

Insurance companies aim to minimize payouts and often look for evidence suggesting you may
have contributed to the accident. If they establish partial fault on your part, your settlement could
be reduced. In such situations, attorneys play a vital role by conducting a thorough investigation
to eliminate or reduce your share of the fault. Additionally, hiring a lawyer ensures that they
handle all communication with the insurance company, protecting you from making statements
that could jeopardize your settlement or case outcome.

Insurance adjusters are skilled negotiators trained to push for lower settlements, often applying
pressure to get you to accept less than you deserve. With a lawyer by your side, you can feel
confident that your interests are protected and that you won’t be pressured into accepting an
unfair offer.

When Is It Appropriate to Consider Litigation in a Personal Injury
Case?

In Nevada, personal injury claims must be filed within two years from the date of the injury. After
this period, the opportunity to pursue legal action may be lost. But how can you tell when it’s the
right time to move forward with litigation? While insurance companies may be open to
negotiating a settlement, they might still fall short of offering the full compensation you deserve
for your damages.
Insurance companies might attempt to place blame on you or make decisions that reduce the
value of your claim, leaving little room for negotiation. When negotiations reach an impasse, it’s
important to consult a Las Vegas personal injury attorney. They will assess the details of your
case and determine whether pursuing litigation is the best course of action.
Strategies for Dealing with Insurance Companies After Initiating
Litigation

Even after a case is filed in court, the option to negotiate remains open. In many instances, the
insurance company may become more willing to offer a higher settlement to avoid the
uncertainties and costs associated with a trial. This willingness to negotiate often surfaces early
on, once they realize you are moving forward with litigation.
As you prepare for trial, both you and the insurance company will be collecting and sharing
evidence. In some cases, this exchange may lead the insurance company to reconsider their
position and offer a higher settlement. This could happen if they assess that the risk of going to
trial is too great, particularly after reviewing the strong case your lawyer is building.


https://www.bensonbingham.com/reno

Even after all the time spent negotiating, the insurance company might decide to proceed with
the trial. If that happens, it’s crucial to have an experienced personal injury attorney in Las
Vegas by your side. They’ll help safeguard your rights and work to secure the compensation you
deserve.

What to Expect in a Las Vegas Personal Injury Trial
Throughout the trial, both you and the insurance company will present evidence and challenge
each other's findings. The evidence you present might include:
● Health Records
● Medical Costs and Charges
● Income Statements and Tax Filings
● Testimony from Expert Witnesses
● Mental Health Assessments
● Images and Video Footage
● Witness Testimonies
● Personal Journals and Diaries

In most cases, jurors will rule in favor of the car accident victim and decide on the compensation
the insurance company must pay. However, there are instances when the jury may favor the
insurance company, which is one of the risks involved in going to trial. By following the guidance
and strategy of your Las Vegas personal injury attorney, your chances of securing the highest
possible settlement are much greater than if you were to handle the case on your own.

Consider Legal Action with Experienced Personal Injury Lawyers
on Your Team

Experienced car accident lawyers in Las Vegas have a deep understanding of Nevada's legal
system and the intricacies of personal injury law. If you’re involved in an accident or need
assistance with an insurance claim, having knowledgeable legal support can help you navigate
the process and work toward the best possible outcome.


Benson & Bingham Accident Injury Lawyers, LLC
1320 E Plumb Lane Ste A
Reno, NV 89502
Office: (775) 600-6000
Website: https://www.bensonbingham.com/reno