If you were injured while visiting Las Vegas but live in another state (or country), the thought of filing a lawsuit can be daunting. You might worry that pursuing your claim will require expensive flights, time off work, and endless trips back to Nevada for court hearings.
The short answer is: No, you generally do not need to fly back to Las Vegas for most parts of your personal injury case.
Modern legal tools and Nevada court rules allow us to handle almost the entire process remotely. From the initial consultation to your deposition, you can fight for your rights from your living room. The only exception is usually a trial, which fewer than 5% of cases ever reach.
Here is a breakdown of what can be done remotely, when you might need to return, and how we handle out-of-state clients.
What We Handle Remotely (95% of the Process)
Thanks to technology and updated court rules, the days of flying in for a 30-minute meeting are over. Here is how we manage the key stages of your case without you leaving home.
1. Initial Consultation & Hiring
You do not need to meet us in our office to hire us.
- Remote Consultations: We can review your case details by video call or phone.
- Electronic Signatures: Retainer agreements and authorizations can be signed electronically. There is no need to mail paperwork or visit our office.
2. Medical Treatment
You do not need to stay in Las Vegas to treat for your injuries.
- Treat at Home: Once you are stable enough to travel, you should return home and see doctors in your local area.
- We Collect Records: We coordinate with your local providers to get your medical records and bills. You focus on healing. We focus on the paperwork.
3. Depositions (The “Q&A” Phase)
In the past, defense attorneys would force plaintiffs to fly to Las Vegas for their deposition (a formal interview under oath). Today, this is rarely necessary.
- Remote Rules: Nevada courts permit depositions by videoconference. Nevada Supreme Court Rules Part IX-B governs remote appearances in civil proceedings, and judges routinely allow video depositions.
- How It Works: You sit in your home or at a local court reporter’s office in your state. Your attorney appears remotely from Las Vegas. The defense attorney also appears by video. The testimony is just as legally valid as being there in person.
4. Court Hearings
Routine status checks and hearings are handled by your attorney. You do not need to attend these.
- We Appear for You: Jack Bernstein stands in court on your behalf. You usually won’t even need to dial in.
The Few Exceptions: When You Might Need to Return
While we strive to keep you home, there are two specific scenarios where returning to Las Vegas might be necessary or strategically better for your case.
1. Independent Medical Examination (IME)
Defense insurance companies have the right to have you examined by a doctor of their choosing to verify your injuries.
- The Rule: While we fight to have this done in your home state, a judge can order you to return to Nevada if the defense argues they need a specific specialist here.
- The Logistics: If you are ordered to return for an IME, the defense generally must pay for your travel expenses or we will seek reimbursement for them as part of the case costs.
2. Jury Trial
If your case is one of the few that goes all the way to a jury verdict, you will likely need to appear in person.
- Why: Jurors need to see you, hear your story, and assess your credibility face-to-face. A video screen creates emotional distance that can hurt your case.
- The Odds: The vast majority of personal injury cases settle before trial. We prepare every case as if it is going to trial, but we work hard to secure a fair settlement so you never have to step into a courtroom.
Common Questions from Out-of-State Clients
Q: Will the defense use my distance against me?
A: In one narrow procedural way, yes. NRS 18.130(1) lets a defendant demand security for costs when the plaintiff resides out of state, by filing and serving a written demand within the time for answering the complaint. Proceedings are then stayed until an undertaking is filed, or the plaintiff deposits $500 with the clerk in its place, and subsection 4 allows the court to dismiss the action if nothing is filed 30 days after service of the demand. It is a routine step and we handle it as part of the case, though subsection 2 lets the court order a new or additional undertaking on proof that the original security is insufficient, so the amount is not fixed for the life of the case. Beyond that, living elsewhere does not weaken your claim: Las Vegas is a tourism capital, and Nevada courts handle cases for visitors every year.
Q: Can I use a lawyer in my home state?
A: Generally, no. Unless your home-state lawyer is also licensed in Nevada, they cannot file a lawsuit here. You need a Nevada-licensed attorney who knows the local judges, the specific state laws, and the tactics Las Vegas casinos and insurers use.
Q: Who pays for my travel if I do have to come back?
A: If travel is required for the case (like for trial), these costs are typically advanced by your attorney as “case costs” and reimbursed from the final settlement. We discuss all potential costs with you upfront so there are no surprises.
Q: Is there a deadline to file my lawsuit?
A: Yes. Nevada’s statute of limitations for personal injury is generally two years (NRS 11.190(4)(e)). Different deadlines and exceptions can apply depending on the claim and its circumstances, including that the period does not run while the injured person was under 18 or insane when the claim accrued (NRS 11.250). Do not let distance cause you to miss the deadline that applies to your claim. Contact us as soon as possible so we can protect your claim while you focus on recovery.
Next Steps
Do not let distance stop you from seeking justice. If you were injured in a Las Vegas hotel, casino, or on the road, your location does not matter. Your rights do.
With 40+ years of experience, Jack Bernstein has represented clients from across the country and overseas. Distance does not diminish the quality of your representation.
Contact Jack Bernstein Injury Lawyers for a free, remote consultation: (702) 633-3333.