No one should choose to file an adversarial lawsuit on a whim. If you have suffered a serious injury, reaching an advantageous settlement with an insurance company is always the desired result. Avoiding a contentious courtroom battle while receiving fair compensation for your injuries and other losses is a no-brainer. Unfortunately, however, life isn’t always fair.

When To Ask for Help?

If you have fought the good fight but are making little progress in obtaining a just settlement, it may be time to change course. Mediation, arbitration or, at last resort, a lawsuit, are potential next steps. Consider contacting a personal injury attorney Nevada if the following is true:

• You have suffered injuries that have caused significant pain and suffering and have either reduced your ability to function normally for an extended period or have caused permanent disability. Such injuries include dismemberment, disfigurement, injuries that require expensive surgery, bone fractures, or disability for at least 90 days.
• Your injuries are the result of the negligence of another person.
• You have provided everything required to an insurance claims adjuster and have still not received a fair settlement offer.
• The aggregate value of your injuries and loss of wages, etc. exceeds the limits of the insurance policy that is applicable to your claim.

What Will It Cost?

Personal injury cases typically are subject to contingent fee arrangements. Generally, your attorney will be paid out of the final settlement of the case. The advantage to you is twofold—you are not on the hook for any payment if the suit is unsuccessful, and your attorney is motivated to produce a successful result.

Most attorneys charge between 33 and 40 percent contingency fees. If you are awarded a $45,000 settlement and your attorney is working on a 33 percent contingency arrangement, his or her fee would be $15,000, with your award being $30,000.

Any expenses your lawyer may incur in pursuing the litigation will also be paid out of this contingency. Expenses include filing fees, medical and police records, postage, investigator’s fees, charges for transcriptions or depositions, process serving, expert testimony, and copy fees. Make sure to ask your attorney if the contingency percentage is determined by the gross judgment or by the net award (after any expenses have been deducted.)

What Can Be Gained?

Serious personal injuries can lead to severe hardships. If mediation or arbitration are unsuccessful, a lawsuit may be unavoidable. An experienced attorney will consult with you and determine the scope of your personal losses. He or she may choose to pursue compensation for medical bills, lost wages, physical and emotional suffering, reduction in earning ability, loss of companionship, and/or diminished quality of life.

Most awards are achieved through out-of-court settlements. It is always difficult to predict a jury verdict so a savvy attorney will negotiate with an insurance company to avoid an actual trial.

The Bottom Line

Pursuing a personal injury lawsuit is not something to be taken lightly. If you have suffered significant injuries and long-term pain and suffering, litigation may be unavoidable. Contact an experienced law firm and determine your next steps.