What Happens After a Personal Injury Lawsuit Is Filed?

Legally reviewed by Sandy Van (Bar No. 10785). Updated October 2026.

Many people who are hurt in an accident put off making a claim because they picture a courtroom: a judge, a jury, and hours on the witness stand. They worry that if they ask for compensation, they will end up in a trial.

Filing a lawsuit does not mean a case is headed for trial. A lawsuit is a step some injury claims go through, and most lawsuits are still resolved by agreement, without a trial. Trials are rare. This article explains what a lawsuit is, why one gets filed, and what you would actually be asked to do if your case became one.

A Claim, a Lawsuit and a Trial Are Not the Same Thing

These three words are often used as if they mean the same thing. They don’t.

• A claim is a request for compensation, usually made to the at-fault person’s insurance company. It is handled through letters, records and negotiation. There is no court involved, and many claims settle at this stage.
• A lawsuit is a case filed in court. Filing starts a process with rules and deadlines, but the two sides keep talking the whole time, and a lawsuit can settle at any point.
• A trial happens only if the two sides never reach an agreement. A judge or a jury hears the evidence and decides the case.

Many claims are resolved at the first stage. Of the cases that are filed in court, most still never reach the third.

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Why a Lawsuit Gets Filed

A lawsuit is usually filed for one of two reasons.

The deadline. In Nevada, most personal injury lawsuits must be filed within two years of the injury (NRS 11.190). If a claim is not resolved as that deadline approaches, filing protects the right to recover. It does not mean the case can no longer settle.

Negotiation didn’t work. Sometimes the insurance company won’t offer a fair amount, or denies that its driver was at fault. When talks before a lawsuit go nowhere, filing can change them. Once a case is in court:

• The insurance company assigns a defense lawyer, who has to evaluate the case and advise the insurer about the risk of letting a judge or jury decide it.
• Both sides must share information, including the witnesses, documents and insurance coverage involved (NRCP 16.1).
• The case is on a court schedule that leads toward a trial date. Individual steps can often be extended, but the case keeps moving instead of sitting on an adjuster’s desk.

An insurer that refused to move before a lawsuit often takes a different view once it is facing the evidence and the possibility of a trial.

What Happens After the Lawsuit Is Filed

The steps generally happen in this order:

1. The defendant is served and responds. The person or company being sued is formally given the complaint. The rules give the defendant 21 days to file a response (NRCP 12(a)), but extensions are common. The at-fault driver’s insurance company usually provides and pays for the defense lawyer.
2. The lawyers meet and exchange information. In most cases, the lawyers hold an early case conference, share the basic information each side is required to disclose, and agree on a schedule (NRCP 16.1). You do not attend.
3. Each side gathers evidence. This stage is called discovery. Each side can send written questions, request documents and records, and question witnesses under oath.
4. Settlement talks continue. Negotiations don’t stop because a lawsuit was filed. Many cases go to mediation, where a neutral mediator helps the two sides try to reach an agreement.
5. Trial, only if nothing else resolves the case.

The rules set deadlines for many of these steps, but courts commonly grant reasonable requests for more time (NRCP 6(b)). Because of that, the lawyers usually agree to extensions. Once a lawsuit is filed, it is safest to plan on a year or two, even for a case that settles.

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What You Would Be Asked to Do

Your lawyer handles the court filings, the conferences with the other side and the hearings. Your part is smaller than most people expect, none of it takes place at the courthouse, and some of it can be done by video. Depending on the case, you may be asked to:

• Answer written questions. The defense can send written questions, called interrogatories, that you answer under oath (NRCP 33). Your lawyer works through them with you. If you need more time to gather information, extra time can usually be arranged.
• Give a deposition. A deposition is a meeting where the defense lawyer asks you questions under oath while a court reporter records your answers. It usually takes place in a law office or by video. Your lawyer is there with you, and a deposition is limited to one day of seven hours of testimony unless the parties agree or the court orders otherwise (NRCP 30(d)(1)).
• See a doctor chosen by the defense. When your injuries are part of the case, the defense can ask to have you examined by a doctor of its choosing, and it is allowed to do so (NRCP 35).
• Attend a mediation. You take part so that you can hear the offers and decide whether to accept one. A mediation can be held by video.
• Attend an arbitration hearing, if your case goes through the court’s arbitration program (explained below).

What we do at this stage: We prepare you before every one of these events, so you know what will be asked and what to expect. We respond to the defense’s requests, keep the case moving, and keep negotiating throughout.

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Smaller Cases Take a Shorter Path

Not every lawsuit goes down the same road. For cases filed on or after January 1, 2026, a case worth $100,000 or less per injured person generally goes first to the court’s arbitration program (NRS 38.250).

Arbitration is less formal than a trial. Instead of a judge or jury, a neutral arbitrator chosen from a court-approved panel hears both sides and makes an award. The hearing does not take place in a courtroom.

The arbitrator’s award is not final if either side rejects it. Within 30 days, either side can ask for a new trial (Nevada Arbitration Rule 18).

If a Case Does Go to Trial

A small share of cases can’t be settled. That usually happens when the two sides disagree about who caused the accident or about what the injuries are worth, and neither will move.

At trial, a judge or a jury hears the evidence and decides. You would testify about what happened and how your injuries have affected your life. You would not walk in unprepared: we go over your testimony with you ahead of time and explain what to expect each day.

Being ready for trial is also part of how cases settle. An insurer that knows a case is prepared for court has a reason to resolve it before it gets there.

Frequently Asked Questions

Will I have to go to court if I hire a personal injury lawyer? Most likely not. Many claims settle without a lawsuit, and most lawsuits settle without a trial. Your deposition, a defense medical exam, mediation and any arbitration hearing take place outside the courthouse, and some can be done by video.

Does filing a lawsuit mean my case will go to trial? No. Filing protects the deadline and can move stalled negotiations forward. Most filed cases are still resolved by agreement.

Can my case still settle after a lawsuit is filed? Yes. The two sides can settle at any point, including through mediation, until a decision is reached.

Will I have to testify? If a lawsuit is filed, you will probably give a deposition, which is testimony under oath in a law office or by video, not in a courtroom. You would testify in court only if the case went to trial.

How long does a defendant have to respond to a lawsuit in Nevada? The rules give a defendant 21 days after being served with the summons and complaint (NRCP 12(a)), and state and local government defendants 45 days. In practice, extensions are common.