Hiring a personal injury lawyer is the best thing you can do to file a truck accident lawsuit in Nevada. Your attorney can review your crash and help you figure out who is at fault. Plus, a Nevada personal injury lawyer can file your lawsuit in accordance with state laws.
You only have a limited amount of time to submit a truck crash claim. At H&P Law, our Nevada truck accident lawyer can help you file your lawsuit right away. Contact us today to get started.
Steps to File a Trucking Crash Lawsuit in Nevada
Based on Nevada Revised Statutes §11.190, you have up to two years from the date of your truck crash and injury to sue for damages. The window for filing your lawsuit cannot be extended in most circumstances. Here are the steps required to submit your claim:
1. Send a “Demand Letter”
A Nevada truck accident attorney can craft a letter in which they work with the defendant and their lawyer to negotiate a settlement. The letter lets you show the at-fault party that you are interested in avoiding a lengthy legal process. It opens the door for negotiations, which may enable you and the defendant to resolve your case outside the courtroom.
2. Negotiate a Settlement
In many instances, a settlement is the best option to resolve a truck crash claim. If you and the defendant reach a settlement, you get money immediately. On the other hand, if no settlement is agreed upon, you still have the option to go forward with a personal injury lawsuit.
3. File Your Lawsuit
If you are not satisfied with the progress of settlement negotiations or are not making any headway at all, submit your request for damages as part of a lawsuit. Negotiations can continue even after your lawsuit is filed. If you and the defendant cannot finalize a settlement, you bring your case to trial, and a judge or jury decides if you get damages.
Once you file a personal injury lawsuit, the discovery period opens. You have the opportunity to collect evidence to support your claim. A truck accident lawyer in Nevada can help you capitalize on this window and get the evidence you need to show an at-fault party was negligent, which led to your crash and injuries.
How the Burden of Proof Relates to a Truck Accident Lawsuit
You are responsible for the burden of proof for your lawsuit. This means you must provide compelling evidence that shows a party was responsible for your trucking crash and injuries. Your evidence must also lead a judge or jury to award you damages.
Typically, the burden of proof in Nevada personal injury cases is 51%. You must provide a preponderance of evidence that shows that your claim is more likely than not what is accurate and true. There are many pieces of evidence that you can offer to support your argument, including:
- Accident scene videos and photos
- Eyewitness statements
- Trucker logbooks
- Truck maintenance records
- Cell phone records
- Alcohol and drug tests
- Medical records
A truck accident attorney in Nevada can capture and evaluate evidence and help you prepare an argument that resonates with a judge or jury. At H&P Law, we can work with you to craft a legal strategy for your truck crash case. To learn more, get in touch with us.
Who to Sue in a Trucking Accident Lawsuit
Identifying the at-fault party in a trucking crash may seem simple. Oftentimes, the truck driver is negligent, and it is clear that they are fully responsible. At other times, different parties can be accountable for a trucking collision, including:
- Truck driver’s employer
- Truck manufacturer
- City or state government
- Mechanics who serviced the truck
To prove your claim, you must show that any at-fault parties were negligent. This requires you to verify that a party had a legal obligation to act in a reasonable manner, chose not to do so, and caused your collision and injuries. Along with these things, you must confirm that you incurred damages due to your accident.
Economic and non-economic damages can be awarded for medical bills, pain, suffering, and other quantifiable and non-quantifiable losses. A judge or jury sometimes provides punitive or exemplary damages in truck collision cases. These damages are given out to deter a negligent party from committing reckless acts in the future.
How a Defendant Will Fight Back Against a Truck Collision Lawsuit
Do not expect the defendant in your truck crash lawsuit to accept your request for compensation. Generally, an at-fault party’s insurance company does whatever it can to avoid paying out a claim. On top of that, there are several things that this business may do to try to get you to admit fault.
As an example, an insurer may reach out to you in the hopes of getting you to accept partial or full responsibility for the collision. Nevada has a comparative negligence rule, and based on it, the defendant in a personal injury lawsuit does not have to pay damages if the plaintiff is found to be primarily at fault. Thus, an insurance provider may pressure you to say something on the record that can ultimately be used against you.
It is also important to note that once your lawsuit’s discovery period opens, both you and the defendant can gather evidence to support your respective arguments. Therefore, the defendant in your case may look on your social media accounts for photos, and other content that shows your injury may not be as severe as you initially reported. They may conduct depositions and search for other opportunities to build a body of evidence that they can use to discredit your argument as well.
Do Not Wait Any Longer to File Your Truck Accident Lawsuit
If you are weighing the pros and cons of filing a trucking crash lawsuit, H&P Law can help you out. Our team can take a look at your case and discuss your legal options with you. For more information, contact us today.