Car accidents in Las Vegas can be complicated, especially when they involve multiple vehicles, severe injuries, or disputes over liability. While many cases are settled through insurance claims, some require skilled litigators to fight for fair compensation. A litigator is a trial attorney who handles lawsuits from start to finish, advocating for victims in court when negotiations fail.
If you’re facing a complex car accident case, understanding the role of a litigator can make all the difference in securing the compensation you deserve.
Why Do Some Car Accident Cases Require Litigation?
Most car accident claims are resolved through insurance negotiations, but not every case is straightforward. When disputes arise, or damages are substantial, litigation may be necessary to secure fair compensation. Below are common reasons why some car accident victims must take their case to court:
Disputed Liability
Determining fault in a car accident is not always clear-cut. If multiple vehicles are involved, or if each party has a different version of events, insurance companies may deny liability or try to shift blame. Since Nevada follows a modified comparative negligence rule, you won’t receive any compensation if the insurer can prove you were at least 51% responsible. A litigator can gather evidence such as accident reconstructions, eyewitness testimony, and surveillance footage to establish who was truly at fault.
Severe or Permanent Injuries
Car accidents that result in catastrophic injuries—such as traumatic brain injuries (TBI), spinal cord damage, or amputations—often require extensive medical treatment and lifelong care. Insurance companies typically downplay the severity of these injuries to reduce their payout. Litigators work with medical experts and financial analysts to calculate long-term medical costs, lost wages, and the overall impact on your quality of life.
H3: Low Settlement Offers
Insurance companies are for-profit businesses, and their goal is to minimize payouts. Litigation may be necessary if they offer a settlement that does not cover all medical expenses, lost income, and pain and suffering. A litigator can counteract insurance company tactics and demonstrate why a higher settlement is justified.
Bad Faith Insurance Practices
Some insurers act in bad faith by unreasonably denying claims, delaying payments, or offering settlements far below what victims deserve. In these cases, litigation may be required to recover damages and hold the insurance company accountable.
What Do Litigators Do in Car Accident Cases?
Litigators play a critical role in fighting for injured victims, ensuring they receive full and fair compensation. Their responsibilities extend beyond basic legal filings—they build strong cases, negotiate with insurance companies, and, when necessary, take cases to trial.
Investigating the Case
A strong case starts with a thorough investigation to gather evidence and determine liability. Litigators collect:
- Police Reports & Witness Statements
- Traffic Camera & Dashcam Footage
- Accident Reconstruction Analysis
- Medical Records & Expert Testimony
By compiling compelling evidence, litigators strengthen the case against the at-fault party and counter insurance company arguments.
Filing a Lawsuit
If the insurance company refuses to negotiate fairly, a litigator will file a lawsuit to begin the legal process formally. This involves:
- Drafting and Submitting the Complaint
- Notifying the At-Fault Party
- Responding to Defense Motions
Filing a lawsuit sends a strong message that the victim is prepared to fight for fair compensation.
Handling the Discovery Process
Discovery is a critical phase where both sides exchange evidence. Litigators use several legal tools to build their case:
- Depositions – Sworn testimony from witnesses, accident reconstruction experts, and medical professionals helps solidify claims.
- Interrogatories – Written questions that the at-fault party must answer under oath.
- Requests for Documents – Medical records, insurance policies, and company safety logs (in commercial vehicle accidents) provide crucial evidence.
Through discovery, litigators uncover details the insurance company may be trying to hide and develop strategies for trial.
Negotiating a Settlement
Even after filing a lawsuit, most cases are still settled before trial. Insurance companies often become more willing to negotiate once they see the evidence and expert testimony a litigator has prepared. Negotiations may take place through direct talks with the insurance company or through mediation or arbitration so victims don’t settle for less than they deserve.
Representing Clients in Court
If settlement negotiations fail, the case proceeds to trial, where a judge or jury decides the outcome. A litigator will:
- Present Opening & Closing Statements
- Cross-Examine Witnesses
- Introduce Evidence
- Argue Legal Points
At trial, a skilled litigator fights to ensure the victim receives the full compensation they are legally entitled to.
How Litigators Maximize Compensation for Car Accident Victims
Litigators help accident victims recover damages, including:
- Medical Expenses – Covering hospital bills, surgeries, rehabilitation, and future medical needs.
- Lost Wages – Compensating for missed work and reduced earning capacity.
- Pain and Suffering – Addressing physical pain, emotional distress, and diminished quality of life.
- Property Damage – Repairing or replacing the victim’s vehicle.
- Punitive Damages – In cases of egregious negligence, courts may award additional damages to punish the at-fault party.
Work with a Trusted Las Vegas Car Accident Litigator
At Oronoz & Ericsson Trial Lawyers, we understand how insurance companies operate—and we know how to fight back. If you or a loved one suffered serious injuries in a car accident, don’t settle for less than you deserve.
Our experienced litigators are ready to take your case to court if necessary to secure maximum compensation. Contact us today at (702) 878-2889 for a free consultation. Let us fight for you.