If you are involved in a Nevada personal injury case, one of the terms you need to know is the default. A defect is something that can occur in an injury case. A default occurs when the other party does not file a response to the court documents. When the other party does not respond to the complaint, you can ask the court to accept your statements as true and enter a judgment in your favor.
The judgment is called a defect. It’s like you’ve won the trial. If the other party defaults, they have a binding decision in their favor, proceed to compile it, and the case ends. You and your Las Vegas personal injury attorney can work together to determine how a default could affect your injury case.
What is a default in a Nevada personal injury case?
A breach in a Nevada personal injury case is a court order entered when a party fails to respond to initial case filing documents. When the court issues a default judgment, it awards a judgment against a party because that party did not respond to the court action.
A party who does not respond to the court’s arguments loses the opportunity to participate in the case and present a defense. The purpose of a default judgment is to allow the case to proceed if one of the parties decides not to participate. The rules for default judgment in a Nevada personal injury case are found in Rule 55 of the Nevada Rules of Civil Procedure .
What does a defect look like in a personal injury case?
Let’s say Pat is in a car accident. Kelly is the responsible driver. Pat files a recovery claim against Kelly and Kelly’s insurance company. Big Insurance Co. Pat carefully prepares the filing papers, files them with the court, and delivers copies to Kelly and Big Insurance Co.
Kelly responds to the complaint. Big Insurance Co. is unresponsive. The court enters a default judgment against Big Insurance Co. for the amount Pat requested. Pat takes collection actions to Big Insurance Co. and receives her payment. Pat and Kelly continue with the case, but Big Insurance Co.’s liability is already established. Pat and Kelly settle, and the case ends.
Because Big Insurance Co. did nothing to respond to the complaint, Pat asked the court to enter a judgment in Pat’s favor. The court agreed. Winning a case by default judgment is somewhat like winning a sporting event because the other party loses. If a default value is applied, you don’t have to prove that what it says is true. Rather, the court accepts your version of events as true and decides the case in your favor.
Do defaults really happen in Nevada personal injury cases?
Yes, defaults occur in Nevada injury cases. They even occur in cases involving large insurance companies. It is important to watch the deadlines and take appropriate action if the other party does not respond to subpoenas and complaints from the court.
To get a default judgment, you must properly serve Defendants
Defendants in a personal injury case should be given fair notice of the proceedings and an opportunity to respond. Nevada Rules of Civil Procedure Rule 4 lists the rules for what is called service of process in a personal injury case. You must follow the rules to ensure that the other party receives a copy of the summons and complaint or otherwise has fair notice that you are filing a claim.
It is important to work carefully from the beginning of the case to make sure the defendants have a notice of the case. If you do not follow the rules of service, the court cannot enter the default judgment. Ultimately, it makes your case take longer and can increase costs. Our injury attorneys can help you take the right steps to properly present the process in your case.
You can also be in default in a personal injury case
If another party to the case files a counterclaim, you should make sure you respond to the counterclaim by the deadline. If you miss this deadline, it could be the default. An experienced personal injury breach attorney in Nevada can help you determine deadlines and ensure that you respond within time limits to avoid a default in your case.
Is it an automatic default judgment in a Nevada personal injury case if the other party does not respond?
A default is not automatic if the other party does not respond to the summons and complaint. A default is something you have to ask the court for. Until you ask the court to enter a default for the other party, the other party can still file an answer, even if the deadline has been exceeded. It is important to request a default as soon as the time limit expires.
When will the court fail to enter a judgment for default in a Nevada injury case?
There are some circumstances in which the court cannot issue a default judgment. For example, if your case is against the State of Nevada, the court must review your claim before issuing a default. Also, the court can only award a default if your claim is for a dollar amount that is easy to calculate.
If the damages are unclear or if you request something other than financial compensation, a judge must examine the case to determine what the default judgment should say. You can still get a default value if these circumstances apply, but there may be more steps and more control.
Contact our Nevada attorneys for help with default lawsuits
Are you involved in a personal injury case? Questions about getting a default judgment? Our personal injury attorneys can help.
We have decades of experience working on injury cases. If a default might be an option in your case, we can help you stick with it. We can handle all the steps in your claim, including filing documents, preparing the default judgment, filing it with the court, and collecting your judgment. Contact us today for an immediate consultation on your case.