FAQs - Where Do We Go From Here?
Where Do We Go From Here?
- What Do I Do During My Treatment?
- What Happens When I Have Finished Treating?
- What Happens If The Case Cannot Be Settled Amicably?
- What Cases Do The Various Courts Hear?
You were involved in an accident at no fault of your own. You were injured as a result of this accident. So - where do we go from here?
First, understand that the legal process can be lengthy and time consuming. We will be here for you. We will at times need your help to proceed with your case. We plan to work together to get the best result possible.
This section is designed to give you a general overview of the process from now until the time your case is completed. It is presented in a question and answer format to assist you in finding answers to your questions. If you have any questions that are not answered, or if this information brings up other questions, please feel free to give us a call.
What Do I Do During My Treatment?
The first phase of your personal injury claim is treatment. Your health care providers expect you to give them complete and honest information when receiving treatment. You need to keep our office informed of any treatment or tests conducted as a result of your injuries. Most importantly, we need you to advise us when you see any NEW provider and when your treatment has concluded. At the end of your treatment, we will need to know how you are doing: Are you 100% recovered? Are you still having problems as a result of the accident? Are you going to need surgery in the future as a result of the accident? Hopefully, you make complete recovery from your injury.
What Happens When I Have Finished Treating?
You need to let us know that you are finished treating. Tell us about all of the medical providers that treated you as a result of the accident. Tell us how you’re doing after the treatment. Our job will be to get the records and bills from all of the providers, to check on your prognosis, and to make sure we have adequate documentation regarding any lost wages.
Once we have gathered all of this information, we will put together a demand package to present to the other side. Our hope is to come to an amicable resolution of your claim as quickly as possible. We will present all settlement offers to you for consideration. We will advise what financial recovery each settlement offer means to you.
What Happens If The Case Cannot Be Settled Amicably?
If the other side refuses to make a reasonable offer, we may have to enter your case into litigation. A case that enters into litigation may take several paths. We will consult with you concerning which one is right for you. All of them take time - some more than others. A case in any form of Litigation may resolve at any time the Parties reach an agreement to settle.
- Private Mediation: In any disputed case, including cases involving claims for personal injuries, the Parties can agree to submit the matter to a Mediator outside of the Court system. The Parties have control over the time needed to prepare for and conduct the Mediation. The Mediator attempts to bring the case to an amicable resolution. If a case that is entered into mediation does not resolve, the case will typically enter one of the other forms of Litigation.
- Private Arbitration: If the injured party and the adverse party agree, the claim may be submitted to an Arbitrator outside of the Court system. Usually, the Arbitration is binding and final. In such cases, the parties have control over the time it will take to complete the Arbitration. The parties may also make agreements that will control the costs of litigation and the penalties for losing at the Arbitration.
- The Court Annexed Arbitration Program: The Nevada Supreme Court initiated the Court Annexed Arbitration Program several years ago to reduce the Judges’ caseloads and the costs of litigation to the Parties. Certain cases (including personal injury cases with an expected value of less than $50,000) are required to enter this Arbitration Program. The Parties may agree to have the case heard by a Mediator under the Court Annexed Mediation Program, or agree that the case can go directly to the Short Trial Program, thus bypassing Arbitration. It usually takes between 6 to 12 months for a case to be heard by an Arbitrator. Any party may request that the case be heard under the Court Annexed Short Trial Program if he does not agree with the Arbitrator’s decision.
- The Court Annexed Mediation Program: In cases that are required to enter the Court Annexed Arbitration Program, the Parties can agree to enter a case into the Court Annexed Mediation Program. The Nevada Supreme Court has set rules for Mediations under these Rules. The Parties can agree to a Mediator, or one may be assigned by the Court. The Mediation must be conducted within 60 days of the Mediator’s appointment. The Mediator’s Fees are set by the Court.
- The Short Trial Program: The Nevada Supreme Court initiated the Short Trial Program as a method of reducing the cost of litigation and the Judges’ caseloads for cases that are not resolved by the Court Annexed Arbitration or Mediation Programs. Parties to a lawsuit that is not required to enter the Court Annexed Arbitration Program or the Short Trial Program may agree to have their cases tried under the Short Trial Program Rules. Unless otherwise agreed, a Short Trial must be heard in one day by a Judge Pro Tempore appointed by the Court. These Judges are experienced lawyers in the community who give their time to the Court and the Parties for a low fee. Cases are decided by the Judge or by a Jury of four persons selected from our community. The Parties may agree be bound by the decision of the Short Trial Judge or Jury.
- Conventional Trial: Sometimes it is necessary to resolve disputes, including personal injury cases, by conventional Trial. A case not otherwise settled or required to be heard by an Arbitrator, Mediator or Short Trial Judge will be resolved by a conventional Trial. The case may be heard by a Judge or by a Jury of eight persons from our community. This can be the longest and most expensive form of litigation. Typically, these cases take one (1) to two (2) years to get to Trial. They can take up to five (5) years to be heard by the Judge or Jury.
The general rule in all forms of litigation is that the loser must pay the prevailing party’s attorneys fees and costs. The attorneys’ fees that can be awarded by the court following a conventional trial can be tens of thousands of dollars. There are many rules that the Court can apply in determining if and what attorneys' fees will be awarded to the prevailing party. The Courts may also consider awarding pre- and post-judgment interest to the prevailing party. These amounts are determined by the Judge or Arbitrator unless otherwise agreed to by the Parties.
What Cases Do The Various Courts Hear?
Henderson Justice Court
http://www.accessclarkcounty.com/justicecourt_hd/general_information.htm
The Court hears civil cases with jurisdictional amounts up to $10,000, small claims cases up to $5,000, and landlord/tenant eviction hearings. The Court handles citations issued by the Nevada Highway Patrol, Henderson Police Department, Las Vegas Metropolitan Police Department, Union Pacific Railroad, Public Service Commission, Nevada Department of Wildlife, Motor Carrier Division, Clark County School District Police, and the Clark County Park Rangers. In addition, the Court issues search warrants and arrest warrants, holds arraignments and trials for misdemeanor cases, and handles felony and gross misdemeanor cases from the initial arrest through the preliminary hearing stage, including bail setting and probable cause determination.
Henderson Municipal Court
http://www.cityofhenderson.com/municipal_court/index.php
The Henderson Municipal Court adjudicates traffic and misdemeanor cases originating within the City of Henderson, including DUI and Domestic Battery cases. All court appearance dates are pre-scheduled and will be indicated on your release sheet, if you were arrested or at the bottom of your citation.
North Las Vegas Justice Court
http://www.co.clark.nv.us/justicecourt_nlv/
Justice Court, North Las Vegas Township, has two Justices of the Peace elected for six-year terms, a Court Administrator/Clerk, and a staff of 16 full-time and 3 part-time employees. Justice Court hears probable cause, arraignments, preliminary hearings, misdemeanor and traffic trials, bond forfeitures, evictions, small claims matters where the amount in controversy does not exceed $5,000, and civil matters where the amount in controversy does not exceed $10,000. Other duties performed by the Justices of the Peace include setting bail, issuing search warrants, summonses, protective orders and arrest warrants.
North Las Vegas Municipal Court
http://www.cityofnorthlasvegas.com/Departments/MunicipalCourt/MunicipalCourt.shtm
Welcome to the North Las Vegas Municipal Court website. The Municipal Court has jurisdiction over traffic violations and misdemeanor offenses occurring within the city limits of North Las Vegas. The contact information provided above and on this site are for your convenience.
United States District Court -District of Nevada
http://www.nvd.uscourts.gov/
The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. Every day hundreds of people across the nation are selected for jury duty and help decide some of these cases.
United States Bankruptcy Court -District of Nevada
http://www.nvb.uscourts.gov/
The Mission of The United States Bankruptcy Court for the District of Nevada is to resolve matters fairly and timely within the jurisdiction of the court in accordance with the Constitution and laws of the United States by providing an impartial, independent and dignified forum, in order to promote respect for the rule of law, engender public confidence and trust, and protect individual rights and liberties.
Eighth Judicial District Court Clark County, Nevada
http://www.co.clark.nv.us/ClarkCountyCourts/ejdc/index.html
The Eighth Judicial District Court of Clark County, Nevada is the largest general jurisdiction court in Nevada. This jurisdiction encompasses all municipalities and outlying communities of Clark County. The 37 District Court Judges serve more than 2.1 million citizens. The court serves as the trial court for Nevada and is part of the judicial branch of state government as set forth by the Nevada Constitution. The court is a forum for lawful dispute resolution insuring a balance of branch powers and constitutional protections.
Las Vegas Township Justice Court
http://www.co.clark.nv.us/ClarkCountyCourts/lvjc/index.html
The Las Vegas Justice Court is a court of limited jurisdiction responsible for criminal, civil, and traffic matters within the Las Vegas Township. The court currently has ten (10) elected Justices of the Peace serving 6-year terms as set forth in the Nevada Revised Statutes (NRS).
The court administers criminal probable cause reviews, felony and misdemeanor arraignments and preliminary hearings, and trials for misdemeanor and traffic cases. The court's civil jurisdiction includes amounts up to $10,000, small claim cases up to $5,000, and landlord/tenant eviction proceedings. The court's Traffic Office is responsible for citation violations issued by law enforcement agencies in the Las Vegas Township, and outside the City of Las Vegas, North Las Vegas, or the City of Henderson.
Las Vegas Municipal Court
http://www.lasvegasnevada.gov/Government/municipal_judges.htm
The Las Vegas Municipal Court judges have jurisdiction over the misdemeanor criminal offenses committed within the city of Las Vegas. Misdemeanors are the crimes for which six months of incarceration and/or a $1,000 fine have been established as the maximum punishment. More serious offenses committed within the city are handled in the state court system.
Boulder City Municipal Court
http://www.bcnv.org/municipalcourt/
The Boulder City Municipal Court's objective is to adjudicate misdemeanor offenses in an ethical, fair and impartial manner; to provide efficient, prompt and courteous service; to preserve the integrity of the judiciary; and to maintain a safe environment for both employees and the public.
Boulder City Justice Court
http://www.co.clark.nv.us/justicecourt_boulder/index.htm
Justice Court, Boulder Township has one Justice of the Peace elected for a six-year term. Justice Court hears probable cause, arraignments, preliminary hearings, misdemeanor and traffic trials, bond forfeitures, evictions, and small claims matters where the amount in controversy does not exceed $ 5,000, and civil matters where the amount in controversy for civil cases does not exceed $ 7,500. Beginning January 1, 2005, the amount in controversy for civil cases will increase from $ 7,500 to $10,000. Other duties performed by the Justice of the Peace include setting bail, issuing search warrants, summonses, protective orders and arrest warrants.
Eighth Judicial District Court - Family Courts
http://www.co.clark.nv.us/ClarkCountyCourts/ejdc/courts-and-judges/family.html
The Family Division of the Eighth Judicial District Court was created in January 1993. A total of 14 judges preside over more than 58,000 cases each year in the Family Courts. In 2002, these judges closed more than 50,108 family cases.
The Family Court helps people with divorce, annulment, child custody, visitation rights, child support, spousal support, community property division, name changes, adoption, and abuse and neglect.
A large portion of cases in the Family Courts are initiated and finalized by parties who do not have the benefit of working with the advice of counsel (pro se). These individuals relay upon the Family Law Self-Help Center for forms and information about the Family Courts. While the center does not offer legal advice, a wealth of information is available to pro se litigants.
