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A Quick Guide to Bifurcation of Trial Issues of Liability and Damages in Catastrophic Injury Cases

There are many things that can happen to your client as a result of a catastrophic injury. One of the most important is whether or not the person who caused their injuries is held accountable for them. This decision will impact how much money your client receives for medical expenses and pain and suffering, so it’s important to understand bifurcation of trial issues in order to protect those rights.

In this article, we’ll take an in-depth look at how you can bifurcate trial issues effectively and what that means for your case. Stay with us for more details.

The Bifurcation of Liability and Damages in Catastrophic Injury Cases

Bifurcation of liability and damages in catastrophic injury cases is a process by which a trial court divides the trial into two parts: one part to determine whether or not you are liable for your injuries, and another part to determine how much money you should receive as compensation for them.

This can be beneficial because it allows you to focus on proving that someone else was at fault for your injuries without having to worry about their ability or willingness to pay compensation if they lose their case against you. It also allows both sides more time and resources in preparing their cases separately rather than together; this often results in better outcomes overall!

What is a Trial Bifurcation?

Bifurcation is the process by which a court divides the issues in a case into two or more trials. This may be done when there are multiple claims or causes of action, such that they cannot be tried together without undue prejudice to one party or another.

It is important to note that bifurcation does not mean that each trial will be shorter than if the entire case was tried together; rather, it allows more time for each individual claim or cause of action so that each side can present their best arguments and evidence without being rushed at cross purposes with another party’s claims.

How to Bifurcate a Trial Issue in Your Case

If you have a catastrophic injury case, it’s important to be familiar with how to bifurcate trial issues in your case. Bifurcation means dividing the trial into two phases: liability and damages.

In order for this process to work properly, there are several things that must happen:

  • The plaintiff must file an affidavit stating that he or she intends on seeking compensatory damages only and not punitive damages. If you want punitive damages as well, then this affidavit will need to be filed before any trial begins.
  • The defendant must file an answer denying all allegations made by the plaintiff (which means they deny everything). This answer should also include any affirmative defenses they wish to raise at trial such as comparative negligence or contributory negligence (which can reduce or eliminate their liability).

Lawyers Should Manage Bifurcation Adequately

Bifurcation is a legal tool that allows you to protect your client’s rights. It allows you to separate trial issues into separate trials, if necessary. In catastrophic injury cases, bifurcation is often used because the damages are so high that they need their own trial before liability can be decided.

Sometimes it makes sense for all issues in a case to be decided together; other times, it doesn’t. If you want to learn more about bifurcating trials and how this strategy can help protect your client’s rights, please contact us today!


We hope that this article has helped you understand what a trial bifurcation is and how to effectively use it in your case. If you have any questions or concerns, feel free to contact us today.

The Bourassa Law Group has extensive experience in dealing with catastrophic injury cases in Nevada. So, call us at (800)870-8910 for a free consultation to learn about our legal services, and let us help you get the compensation you deserve.

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