Disclaimer: This article provides general information about Nevada law and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Resolving a personal injury case that includes lost wages in Nevada can vary widely based on case complexity, the parties’ willingness to negotiate, and court schedules. While some claims settle in a few months, others take years.
1. Statute of Limitations
Under Nevada law, you generally have two years from the date of injury to file a lawsuit for bodily injury. See NRS 11.190(4). Missing this deadline usually bars your claim.
2. Initial Investigation and Demand Letter (1–6 months)
Most cases begin with an attorney gathering medical records, wage statements, and accident reports. Your lawyer then sends a demand letter to the insurer outlining injuries, lost wages, and a settlement amount.
3. Negotiation and Settlement (3–12 months)
After the insurer receives the demand, adjusters evaluate your lost-wage documentation. Simple cases often resolve here. If negotiations stall, your attorney may recommend filing suit.
4. Filing Suit and Discovery (6–18 months)
Filing a complaint triggers the court process. Both sides exchange evidence through written questions, document requests, and depositions. This phase can last over a year, depending on court calendars and the volume of discovery.
5. Mediation, Motions, and Pretrial (3–9 months)
Many Nevada courts require mediation before trial. If mediation fails, pretrial motions (e.g., to exclude evidence) can extend the timeline.
6. Trial and Appeal (6 months–2 years+)
If the case goes to trial, expect 1–5 days in court for most lost-wage claims. After verdict, either party may appeal, potentially adding months or years.
Factors That Influence Timeline
- Severity of injuries and time to reach maximum medical improvement
- Volume of lost-wage documentation from employers and medical providers
- Number of defendants and their insurers
- Court availability and local case backlog
- Willingness to attend mediation or alternative dispute resolution
Helpful Hints
- Track medical treatment closely. The sooner you reach stable condition, the quicker you can value your lost wages.
- Keep detailed pay stubs and employer communications showing time off work.
- Respond promptly to discovery requests to avoid court-imposed deadlines and delays.
- Consider mediation early to reduce costs and speed up resolution.
- Consult an attorney before the two-year deadline in NRS 11.190(4).