Litigation is a costly and time consuming endeavor. It is often better to settle a case before litigation for various reasons. However, there are some cases that must be heard by an arbitrator, mediator, judge or jury before they can settle. In those cases, there are many things that can be expected – one of those is time needed for the case to be processed through the system.
A case that requires litigation can take several paths in Nevada:
Cases may change from one path to another at various times in the litigation process. For instance, a case may start in a Conventional Trial path then enter mediation or arbitration by agreement of the Parties. We will work with you during the course of litigation to determine the best resolution of your claim.
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.
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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.
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CAP & KUDLER
3202 West Charleston Boulevard
Las Vegas, NV 89102
Phone: (702) 878-8778
Cap and Kudler was founded in 2004 by Allen A. Cap and Donald C. Kudler, two experienced Las Vegas attorneys who had worked for many years at the firm of Albert D. Massi in the areas of personal injury, general civil litigation and business transactions. Learn more.