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

If you are involved in a personal injury lawsuit, you will likely face this decision: Should I settle my case or should I go to trial? While the answer to this question depends upon the facts of each case, below is some useful information on the benefits of going to trial on your Nevada personal injury lawsuit. 

Understanding the Terms

Before explaining the benefits of trials when it comes to personal injury cases, it is best to understand the difference between a settlement and a trial.

A settlement occurs when the person or entity sued by the injured party (referred to as the defendant) agrees to pay the injured party (referred to as the plaintiff) a certain dollar amount in exchange for the case being dismissed from court. This money usually comes from an insurance policy. 

Going to trial, on the other hand, means that settlement talks were unsuccessful. During a trial, a judge or jury will hear each side of the case and determine fault. They will also determine what monetary compensation (referred to as damages), if any, should be awarded to the plaintiff.

Benefits of Going to Trail

Of course, there are also a number of benefits to going to trial on your Nevada personal injury case. While a trial can take longer and be more expensive, it may be the best strategy in your case. Advantages to moving forward with a trial before a judge and jury include:

  • Potentially bigger award: While there is no guarantee, there is a possibility that you will end up with a much larger award at trial than what the defense offered during settlement talks. That being said, it is also possible that you lose and are awarded nothing;
  • Establishing liability: A settlement allows the defendant to agree to pay monetary compensation to an injured party, without admitting guilt or liability. If establishing liability is important to you, then it may be worth it to proceed to trial;
  • Publicity: While some plaintiffs prefer their personal injury case be resolved quietly and confidentiality outside of the courtroom, others prefer their claim be proved in a more public forum. That way, an injured party can share his or her personal story and/or make an example out of the defendant;

The United States Department of Justice (“DOJ”) reports that only 4% to 5% of personal injury cases in America go to trial. That means 94 to 95% of personal injury lawsuits settled before proceeding further in litigation. Another important statistic: As much as 90% of cases that do go to trial end up with a loss for the plaintiff.

Courtroom Proven


At H&P Law, our attorneys will fight for the maximum compensation for your case. We are courtroom proven and not afraid to go to trial for you. If you or a loved one has been hurt in a Nevada personal injury accident, contact our Las Vegas and Henderson personal injury attorneys at H&P Law. We have years of experience fighting for the injured across the state of Nevada.

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