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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
After you’ve been in a car accident, filing your personal injury claim can feel like an emotionally draining task. Now the insurance company is offering you a settlement. It’s normal not to be sure what to do. Maybe you’re still angry about the accident and your injury, and this settlement amount doesn’t feel like it begins to compensate. You may also just be feeling exhausted and never want to hear from an insurance adjuster ever again. Regardless of how you’re feeling, when the offer comes in, you need to ask yourself: Should I accept what the insurance company offers, or is it smarter to sue?
In Nevada, deciding whether to sue after a car accident or settle depends on more than just the bills and lost wages you’ve already racked up. It’s about what your injuries will cost over time, how your life has been irrevocably altered, whether liability is being disputed, how the state’s laws impact your options, and more.
This guide walks you through the differences between settling and suing, the legal rules that apply in Nevada, and when it’s time to take your case to court.
When you file a car accident claim, you generally have two paths: settle with the insurance company or pursue a lawsuit in court. Most claims begin with an insurance settlement process. Insurance companies are experts at pressuring car accident victims into taking subpar settlements. They will do anything to close your case quickly at as low a settlement as they can get away with.
Often, the first offers you’ll receive from the insurance may cover your medical bills, lost wages, and property damage. Quickly trying to close your case frequently means the settlement offer doesn’t fully reflect your losses, or if the company denies liability. In this case, you have the right to sue.
You are the only person who can make this decision. You need to go with your gut, but getting advice from a qualified car accident attorney in your area can help. They can explain how litigation would work, timelines, and what is expected from you. An experienced attorney will handle as much of your case as possible to reduce the stress and burden on you throughout the process.
When you’re assessing your options, you should know that settlements offer faster payment. Lawsuits take more time but give you a chance to fight for the full value of your damages, especially for pain, suffering, or long-term care needs. If you’re getting a fair offer upfront, suing may not be worth pursuing.
There’s no universal answer; as mentioned above, you should do what’s right for you. There are a few key factors that help guide your decision:
Accepting a settlement can be a good choice when liability is clear and your injuries are not severe. Insurance payouts come faster, allowing you to cover immediate costs without delay. If the insurer offers a reasonable amount that matches or exceeds your damages and you’ve reached maximum medical improvement, settling can help you avoid court.
Settlements also reduce stress. They’re private and final and don’t require you to appear in court or wait through months of litigation. But after you sign a settlement agreement, you are waiving your right to claim additional compensation later.
You should also consider how your compensation will be paid. Some settlements are structured, offering regular payments over time, while others come in lump sums.
If the insurance company denies your claim, delays payment, or offers less than what your case is worth, legal action may be necessary. Filing a lawsuit shows that you’re serious and not willing to accept an unfair offer. This is especially true if your injuries are permanent, the accident caused a disability, or the insurance company is acting in bad faith.
Even just filing the lawsuit can encourage the insurance company to come back to the table with a better settlement offer. According to the Insurance Research Council, injury victims who pursue litigation recover 3.5 times more, on average, than those who settle without legal help.
If negotiating a settlement still doesn’t work, a lawsuit allows you to present your case in full and seek recovery for all losses.
There are a few Nevada laws that determine your rights and ability to recover after a car crash. First, you need to know the statute of limitations; in Nevada, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, your case will likely be dismissed, and you are not entitled to compensation.
How liability impacts compensation is also important to understand before you begin this process. Nevada follows the modified comparative negligence rule. This means you can recover compensation only if you’re 50% or less at fault. Your percentage of fault will reduce your payout. For example, if you’re 30% at fault, and your damages total $10,000, you will at most be able to recover 70% ($7,000).
It’s also important to consider your mental and emotional bandwidth. Lawsuits can be draining. Between gathering evidence, depositions, and possible trial delays, the process may stretch over a year or more. That said, if the stakes are high, it may be worth the effort.
You should feel good about your decision regardless of whether you choose to settle or litigate your personal injury claim. At Gina Corena & Associates, our team helps people in the Las Vegas area weigh these decisions every day – and we are here to help you. If you’re unsure what makes sense for your case, we offer a free consultation to assist you in understanding your rights and options before you commit to anything.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
