How Do You File a Petition for Exemption from Arbitration in a Las Vegas Personal Injury Claim?

The law governing how to file an exemption from the Nevada’s mandated arbitration program, is set forth in the Nevada Arbitration Rules (“NAR”), Rules 3 and 5. In personal injury cases, if your case has a case value of $50,000 or more, then your injury attorney will file a petition for exemption from arbitration (“petition”). This is done so your case is funneled into southern Nevada’s regular litigation channels and where there is no cap on the amount of damages that you can claim. 

This petition must be prepared and filed within 20 days after the at-fault party files its answer to the complaint (aka your initial lawsuit paperwork). The petition will included a brief summary of the accident and your injuries, together with a quick synopsis of your medical treatment and the amount of your medical bills.  

Your injury attorney will have to set forth in the petition that your case fits into one of the categories for exemption. Once the petition is signed and filed by your attorney, then the at-fault party’s attorney has an opportunity to file a response, called an opposition, to the petition. It will then be up the Arbitration Commissioner to decided whether your case qualifies for removal from the arbitration program. If your case is exempted from the arbitration program, then your personal injury attorney will move your case forward through the regular litigation track. 

Next time, we will discuss what happens after a case is successfully exempted from Nevada’s arbitration program.