What to Expect During Truck Accident Litigation in Nevada

After a truck accident, the time you need to heal can feel consumed by a mountain of paperwork, phone calls from insurance adjusters, and medical bills that just keep piling up. If you’ve already started working with a truck accident lawyer or are close to it, you’ve taken a crucial step toward protecting yourself.

But what happens now? The legal process can feel complex and mysterious, especially when you are involved in truck accident litigation. This guide is a roadmap to help you understand what’s coming next, from the day a lawsuit is filed to a final verdict or settlement.

The Truck Accident Lawsuit Process

The truck accident litigation process is designed to uncover the facts of your case and determine who is legally responsible for your injuries. While every case is unique, the general steps of a lawsuit remain consistent. Here’s a breakdown of what you can expect during each phase.

1. Filing the Lawsuit in Nevada

Filing a lawsuit is the official step that begins the personal injury case process. When your lawyer files a Complaint with the court, it formally notifies the defendant—the driver, the trucking company, or any other liable parties—that you are seeking compensation for your injuries. This filing must be done within the statute of limitations, a strict legal deadline that in Nevada is typically two years from the date of the accident.

A truck accident case may have several defendants. It’s not just the driver. It could be the trucking company for negligent hiring, a manufacturer for faulty parts, or a loading company for an improperly secured load. Your lawyer will work to identify every party that contributed to your crash.

While the statute of limitations for personal injury is typically two years, certain claims, like those against a government entity, have a much shorter deadline.

2. The Discovery Phase

After the lawsuit is filed, both sides enter a phase called discovery. This is a structured legal process where both you and the defense team exchange information and evidence. Think of it as a way to lay all the facts on the table before going to court.

During discovery, you can expect to provide your lawyer with a wide range of documents, including:

Medical records and bills
Photos and videos from the accident scene
Records of lost income or missed work

Your legal team will also work to obtain critical evidence from the defense. This can include:

The driver’s logbooks and hours of service records
The truck’s maintenance and inspection records
Black box data from the vehicle’s event data recorder

Discovery is often the longest part of the litigation process, typically lasting anywhere from four to eight months, depending on the complexity of the case.

3. Depositions and Your Involvement

A deposition is a key part of discovery. It is an out-of-court, sworn testimony where an attorney from the opposition asks you questions about the accident, your injuries, and your life. While it may sound intimidating, your lawyer will be right there with you, and they will help you prepare for questioning.

Common questions in a truck accident deposition might cover:

How the accident occurred
The full extent of your injuries and medical treatment
How your injuries have affected your daily life and ability to work
Your medical history before the accident
Your employment history

Will I have to testify?

It’s normal to feel nervous about this. The purpose of a deposition is to gather your testimony under oath, so you will be asked questions by the defense. According to the American Bar Association, about 95% of personal injury cases are settled before a trial ever begins, which means it’s likely you will not have to testify in court.

4. Expert Witnesses: Strengthening Your Case

Because truck accident cases are so complex, expert testimony is often required to prove your case. Your lawyer may bring in various experts to provide their professional opinions, which can carry significant weight in negotiations or at trial.

These experts can include:

Accident reconstructionists who can create a clear picture of how the crash happened.
Medical experts who can explain the severity of your injuries and what your future medical needs will be.
Vocational experts who can determine how your injuries will affect your ability to earn a living.
DOT compliance experts who can review the trucking company’s records for safety violations.

Your legal team covers the upfront costs for these experts. This allows you to benefit from their specialized knowledge without any out-of-pocket expenses.

5. Mediation and Settlement Negotiations

Most personal injury cases do not go to trial. Instead, they are resolved through a settlement, often reached during a process called mediation.

Mediation is a meeting where a neutral third party (a mediator) helps both sides negotiate a settlement. Your lawyer will present a case based on the evidence collected, and the mediator will work with both sides to reach a fair agreement. You can expect to be involved in this process, but your lawyer will guide you every step of the way.

The goal is to get a fair settlement that fully compensates you for your injuries, medical bills, and other losses.

6. Insurance Company Tactics: What Really Happens

A big trucking company’s insurance carrier has a team of people whose goal is to protect its bottom line. They are experienced at pushing for a low settlement.

Some of their common tactics include:

Surveillance: The defense may hire investigators to observe you and take photos or videos to try to prove your injuries are not as severe as you claim.
Delaying tactics: They may drag out the process in hopes that you will get impatient and accept a low offer.
Denying liability: They may claim you were at fault, even when evidence points to the truck driver or company.

This is why it’s so important to partner with an attorney who has a reputation as an expert, aggressive litigator. A board-certified personal injury specialist and member of the Academy of Trucking Accident Attorneys knows these tactics and will use the evidence gathered to counter the defense’s claims and work to hold them accountable.

7. Preparing for Trial

While most cases settle without a trial, preparing to take the legal battle to court is essential to demonstrating to the insurance company that you are serious about your case. A skilled legal team knows that a strong trial preparation can be a powerful motivator for the defense to offer a fair settlement.

You’ll meet with your lawyer to review testimony, practice answering questions, and prepare for what to expect. They will provide guidance on what to wear and how to conduct yourself in court. The trial itself can involve jury selection, opening statements, and testimony from witnesses.

8. The Outcome: Verdict or Settlement

A case can still settle at any point, even during the trial. If it doesn’t, the jury will deliberate and reach a verdict. If the verdict is in your favor, the court will order the defendant to pay you compensation.

After a verdict or settlement is reached, your lawyer will handle the process of collecting the funds and ensuring all medical bills and providers are paid back from the recovery. After a decision is made, collecting the funds and paying off medical providers can take several weeks or months.

Legal Costs & Contingency Fees Explained

One of the biggest concerns for victims is the cost of hiring a personal injury lawyer. This is why Jensen Personal Injury Law operates on a contingency fee basis.

This means:

You pay no fees upfront.
You don’t pay us by the hour.
We only get paid if we win your case.

When the case is resolved, our fee is a percentage of the total amount we recover for you. We also cover all litigation expenses, such as the costs for expert witnesses, court fees, and obtaining records. If we don’t win your case, you owe us nothing.

Schedule a FREE Consultation

If you or a loved one has been injured in a truck accident, the legal team at Jensen Personal Injury Law is ready to help. Our Reno-based firm has decades of experience fighting on behalf of truck accident victims in Nevada.