The vast majority of Nevada personal injury cases settle before trial — but not all of them. When insurance companies refuse to offer fair compensation, taking a case to a Clark County jury is sometimes the only way to achieve justice. Many personal injury victims are anxious about the prospect of a trial, largely because they don’t know what to expect. Understanding the structure of a Nevada personal injury trial, how long it takes, and what the key stages involve can reduce anxiety and help you participate effectively as the plaintiff.
How a Nevada Personal Injury Trial Begins
After the parties exchange discovery, take depositions, and complete pre-trial motions, the court sets a trial date. In Clark County’s Eighth Judicial District, personal injury trials are held in district court. The trial begins with jury selection — called voir dire — in which the attorneys for both sides question a panel of prospective jurors to identify any bias or conflict of interest that would prevent a juror from being fair. Each side may use a limited number of peremptory challenges (to excuse jurors without stating a reason) and unlimited challenges for cause (based on demonstrated bias). Selecting a fair jury is one of the most strategically important parts of trial, and experienced trial attorneys spend considerable preparation time on voir dire.
Opening Statements and the Evidence Phase
After jury selection, both sides present opening statements — a preview of what the evidence will show. The plaintiff’s attorney goes first, explaining the facts of the accident, the nature of the injuries, and the damages being sought. The defense attorney then presents their opening statement, typically minimizing the severity of the accident and the injuries, and previewing their defenses. Following opening statements, the evidence phase begins. The plaintiff presents their case first, calling witnesses — including the plaintiff, treating physicians, accident reconstruction experts, and economic experts — and introducing physical and documentary evidence. The defense has the opportunity to cross-examine each of the plaintiff’s witnesses. After the plaintiff rests, the defense presents its case, and the plaintiff can cross-examine defense witnesses.
Expert Testimony in Nevada Personal Injury Trials
Expert witnesses play a central role in most serious personal injury trials. Treating physicians and retained medical experts testify about the nature, severity, and cause of the plaintiff’s injuries and the expected course of future treatment. Accident reconstruction experts analyze the physical evidence to establish how the collision occurred and what caused it. Biomechanical engineers may testify about the forces involved in the crash and how those forces caused specific injuries. Forensic economists calculate the present value of lost future earnings and future medical expenses. Vocational rehabilitation experts evaluate the plaintiff’s post-injury work capacity. Defense experts typically dispute the plaintiff’s medical experts on causation and damages. The credibility and persuasiveness of expert testimony often determines the outcome of a serious personal injury trial.
Closing Arguments and Jury Deliberation
After all evidence is presented, both sides deliver closing arguments — each attorney’s opportunity to argue how the evidence supports a verdict in their favor. The plaintiff’s attorney argues for a specific damages award. The defense attorney argues that the evidence does not support liability, or that the claimed damages are excessive. The judge then instructs the jury on the applicable law — including Nevada’s modified comparative fault rule under NRS § 41.141 — and the jury retires to deliberate. Nevada civil cases require a unanimous verdict from all six jurors (or all twelve in cases where a twelve-person jury was selected). The jury determines both liability and the amount of damages, and the judge enters judgment on the verdict.
Settlement During Trial
Many cases settle during trial — sometimes before opening statements, sometimes after the plaintiff’s case is presented, and occasionally even during jury deliberation. As the trial reveals evidence and the jury’s reactions become observable, both sides gain information that can shift the settlement calculus. Being willing and prepared to take a case all the way through verdict is often the strongest negotiating position for a plaintiff.
Contact Marathon Law Group
Marathon Law Group prepares every case for trial from the first day. Contact us for a free consultation about your Nevada personal injury claim.