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 When to File a Las Vegas Personal Injury Lawsuit vs. an Insurance Claim

Being injured in an accident in Las Vegas, whether it’s a car crash, slip and fall, or any other incident caused by someone else’s negligence, can be a traumatic experience and may need a Las Vegas Personal Injury Lawsuit. In such situations, you may be entitled to compensation for your injuries and losses. However, deciding whether to file a personal injury lawsuit or an insurance claim can be a complex decision. In this article, we’ll explore the factors to consider when determining when to file a Las Vegas personal injury lawsuit versus an insurance claim.

Severity of Injuries help make the determination in a Las Vegas Personal Injury Lawsuit

The severity of your injuries plays a crucial role in deciding whether to pursue a lawsuit or an insurance claim. If you have suffered minor injuries that require minimal medical treatment and have a swift recovery, it may be more practical to file an insurance claim. Insurance claims are typically faster and less complex than lawsuits, making them suitable for resolving straightforward cases.

However, if your injuries are severe, long-lasting, or result in permanent disabilities, you may consider filing a personal injury lawsuit. In such cases, the potential compensation through a lawsuit can more adequately cover your medical expenses, future medical needs, lost wages, and pain and suffering.

Liability Disputes in a Las Vegas Personal Injury Lawsuit

Another factor to consider is whether liability (responsibility for the accident) is disputed or unclear. If the at-fault party and their insurance company readily accept liability for the accident, an insurance claim may be a straightforward and efficient way to seek compensation.

However, if there is a dispute regarding who is at fault or if multiple parties share responsibility, filing a lawsuit might be necessary. A lawsuit allows for a thorough investigation and legal proceedings that can establish liability and allocate fault more definitively.

Insurance Policy Limits determine if you file a Las Vegas Personal Injury Lawsuit

The insurance policy limits of the at-fault party can also impact your decision. Insurance policies have coverage limits, which represent the maximum amount the insurer will pay for a claim. If your damages exceed the policy limits, you may need to file a lawsuit to seek additional compensation.

For instance, if you’re involved in a severe car accident and the at-fault driver’s insurance policy has a limit of $50,000, but your medical expenses and lost wages amount to $100,000, you may consider a lawsuit to recover the remaining $50,000.

Complex Cases could require a Las Vegas Personal Injury Lawsuit

Some personal injury cases are inherently more complex, involving multiple parties, intricate legal issues, or disputes over causation. Complex cases, such as those involving defective products, medical malpractice, or premises liability, often require the legal knowledge provided by a personal injury attorney and may be better suited for a lawsuit.

Statute of Limitations in a Las Vegas Personal Injury Lawsuit

It’s essential to be aware of Nevada’s statute of limitations for personal injury claims. In Nevada, you generally have two years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, you may lose your right to pursue compensation through legal action.

Legal Counsel in a Las Vegas Personal Injury Lawsuit

Finally, consulting with an experienced Las Vegas personal injury attorney is crucial when deciding between an insurance claim and a lawsuit. A skilled attorney can evaluate the specifics of your case, consider the factors mentioned above, and provide you with informed guidance on the most suitable course of action.


Determining whether to file a Las Vegas personal injury lawsuit or an insurance claim depends on various factors, including the severity of injuries, liability disputes, insurance policy limits, case complexity, and the statute of limitations. Consulting with a knowledgeable personal injury attorney can help you make an informed decision and ensure that you pursue the best course of action to secure the compensation you deserve for your injuries and losses. Ultimately, the choice between an insurance claim and a lawsuit should be based on your unique circumstances and the best approach to achieve a favorable outcome.


About Kim Welch Law:

Hire a local Colorado injury lawyer to fight on your behalf. With over 29 years of experience in Colorado, Kim Welch Law is the personal injury lawyer you need fighting for you. As a former insurance company defense attorney, she has an extensive understanding of how the insurance companies take advantage of injured peoples’ desperation with lowball settlements or by denying claims. She fights for total compensation and holds insurance companies and defendants accountable for preventable accidents.

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Anyone can suffer an accident at any time. Contacting an injury attorney as soon as possible after the accident can mean the difference between a sizeable financial compensation and an unfair settlement.

Kim Welch Law will fight for you. Schedule a free consultation today! Connect with us on Facebook here!