Do You Have to File a Lawsuit to Get Compensation After a Slip-and-Fall Accident?
You took a fall on someone else’s property. Now you’re stuck with medical bills and bruised pride. The real question: do you have to sue to get paid? In Nevada, the answer isn’t always “yes.” Getting fair compensation may be possible without having to go to court.
At Mainor Ellis Injury Lawyers, we help injured people make sense of Nevada’s liability laws so they get money, not re-traumatized.
Most Slip-and-Fall Injuries Are Settled, Not Sued
The good news? Yes, you can skip the courtroom. Many cases settle out-of-court after negotiations with insurers. But settlement doesn’t mean you do nothing. Insurers expect—and, sometimes, even demand—proper evidence, documentation, and representation before they pay.
Without those, the “no lawsuit” choice turns into a “no settlement” fate.
Your Practical Path to Compensation
Settling or suing are just two methods for getting compensation. But how do you walk your path to compensation? Here’s your step-by-step guide:
Step 1: Gather and Preserve Evidence
It starts at the scene. Photo the hazard that caused the fall (wet floor, broken tile, uneven pavement, etc). Get photos from as many angles as you can. Collect witness info. Document your injuries, including hospital reports. Reach out to the property owner promptly.
Step 2: Inform the Responsible Party
In Nevada, property owners (or their insurance) need fair notice. Don’t wait months. Let them know in writing what happened, when, and that you were injured because of their failure to maintain safe premises.
Step 3: Let the Negotiation Begin
Once you’ve built your file that consists of photos, police or incident reports, medical records, and logs, you or your lawyer demand compensation from the property’s insurer. Settlements often cover your bills, lost wages, and pain and suffering without a single court appearance.
Step 4: Filing a Lawsuit
If a fair settlement isn’t reached, then you file. In Nevada, you must do this within two years of the accident to avoid losing your right to compensation indefinitely (NRS § 11.190). Lawsuit or not, your evidence never has to stay hidden.
Why Filing Isn’t Always the Best Option & When Lawsuits Make Sense
Before you file a lawsuit to recover compensation after a slip and fall accident, you might want to weigh the pros and cons. Here are some of the reasons you should think twice before suing:
- Time and money: Lawsuits drag on and can drain resources.
- No guarantee: Even strong claims can settle worse under court stress.
- Photo of injury vs. legal exposure: Sometimes people want insurance money instead of headlines.
In most cases, you should start with negotiation and use court only as leverage when needed. But there are certain situations when lawsuits make sense:
- The insurer denies liability outright or lowballs your claim
- They drag their feet or ignore you
- The hazard continues to threaten others, and public filing raises awareness
- Long-term injuries demand full recompense (something insurers hesitate to offer without pressure)
In those cases, court filings may push things from stalled to settled. If you aren’t sure which path to take, you might want to consult with a Las Vegas slip and fall lawyer.
You Don’t Have to File a Lawsuit but You Might Need That Option
Sure, most slip-and-fall injuries resolve without courtrooms. But that’s only true if you act smart, fast, and with evidence. If negotiations fail, a lawsuit is your safety net, not your first move.
If you’ve been hurt by someone else’s neglect, reach out to Mainor Ellis Injury Lawyers today. Let us analyze your case, demand fair settlement, and safeguard your right to file when needed. Don’t let bruises turn into blank checks. Fight for your rights with us by your side. Call at 702-450-5000 to get started with a free consultation.
Source:
leg.state.nv.us/nrs/nrs-011.html#NRS011Sec190
