When a person files any type of lawsuit in the state of Nevada, the defendant (the person they’re suing) must file a formal reply. Unfortunately, there are cases where the defendants take no action and don’t comply with the litigation process. So, the question remains, what happens if the defendant cannot be located for a lawsuit following a car accident in Nevada?
In this post, we’ll answer this question and explain in detail what happens in the courtroom if the defendant is AWOL.
What if a Car Accident Lawsuit Defendant Is AWOL?
Once you file a personal injury lawsuit against a person or business after a car accident, they’re legally required to respond. However, your car accident lawyer can ask the judge to grant a default judgment if they don’t. If that happens, you win the case. Even if the defendant shows up eventually, they can’t reverse the decision unless they prove excusable neglect.
Simply put, they need a good reason for not responding or taking any action after being served with the lawsuit. However, before the judge passes the verdict, the plaintiff must prove that:
- The defendant was served with the Notice of Claim.
- The defendant can read and write.
- The defendant has no physical or mental disability stopping them from attending.
- The defendant is not currently on active duty in the US military.
Moreover, the plaintiff must have a valid claim in the lawsuit and present their evidence to receive compensation for injuries and/or damages.
What Happens When the Defendant Learns About the Default Judgement
If the defendant later learns about the default judgment against them, they can file a Motion to Vacate the Default Judgement within one year from the verdict date. Following the filing, the judge will request the defendant to appear in court and provide a solid reason to vacate the judgment. If they do so successfully, they can schedule a new trial on the plaintiff’s original claims.
Contact a Nevada Car Accident Lawyer Right Away!
Compliance with strict deadlines is one of the most important aspects of pursuing a car accident case in Nevada. By hiring the services of an experienced Nevada car accident attorney, you can ensure your case doesn’t derail on a technicality. Contact Bourassa Law Group for a free consultation, and let us help ensure AWOL defendants don’t get their way in court after failing to respond to your suit.
4 Instances Where You Can Sue Your Employer In Colorado
All employees in Colorado having trouble with their employers can sue them. Are you feeling mistreated at work? Have you exhausted all options to resolve a workplace issue and feel like your only recourse is to take legal action against your employer? If so, you’re not alone. However, not every situation is where you can […]
4 Leading Causes of Car Accidents in California
California is home to some of the busiest highways in the country, with millions of drivers hitting the roads every day. Unfortunately, car accidents are all too common on California roads and can result in serious injuries, property damage, and even fatalities. In this article, the car accident lawyers explore the leading causes of car accidents […]
5 Common Mistakes to Avoid in Personal Injury Claims As Explained By Lawyers
Personal injury claims are a legal process in which an individual seeks compensation for injuries sustained due to another person’s negligent or intentional actions. While personal injury claims can be straightforward, individuals make various common mistakes that can undermine their claim’s success. The Bourassa Law Group has personal injury lawyers with several years of experience under […]
5 Things NOT Do After an Auto Accident in Nevada
The Office of Traffic Safety in Nevada reported over 51,000 crashes, 18,000 personal injury cases, and 235 casualties in 2022 in terms of car and truck accidents. Safety is paramount, and the best way to do that is to be careful when driving. Unfortunately, “accidents” are an unavoidable part of life. When in an accident, there […]
5 Types of Traumatic Brain Injuries Caused By Car Accidents
Car crashes can cause severe damage and injuries to the people involved. While every accident is different, they are a high chance of brain injuries in each of them. The brain can sustain many injuries due to the force of the collision and cause lasting problems. Serious car accidents increase the likelihood of traumatic brain […]
6 Common Types of Wrongful Death Cases in Nevada and How to File a Lawsuit for Them
In Nevada, wrongful death occurs when someone dies due to another person’s negligence or intentional act. When this happens, the surviving family members may be able to bring a claim against the responsible party to seek compensation for their loss. But it is important to understand the different types of wrongful death cases in Nevada […]