If you’ve suffered a personal injury, it can be difficult to fully understand how compensation works. The legal terrain in Las Vegas poses a number of unique challenges for victims. One of the most important steps in this legal process is learning about Nevada laws that pertain to your accident and how these impact your own Las Vegas personal injury claim. From car accidents to slip and fall, or any other injuries, a Las Vegas personal injury attorney can lend an individual more encouragement.
Understanding Nevada’s Comparative Negligence Rule
Nevada follows the comparative negligence rule. This rule lets you bring a claim even if you are partially responsible for the accident, up to 50%. In other words, you will get less in compensation if you are even partially at fault. For example, if you were determined to be 20% responsible for an accident, reducing the value of your damages by 20% means that you would only receive compensation worth 80% of their monetary value.
Identifying the exact percentage is important, because we would take that into account in calculating your damages. Those other defenses may also help establish the division of liability between parties to a judge or insurance company after court and will evaluate-point evidence including witness statements, accident reports, expert testimony, etc.
Types of Damages Allowed Under Las Vegas Law
In Las Vegas personal injury cases, damages are classified into two primary categories: compensatory and punitive, as defined by state law. Compensatory damages are further divided into economic and non-economic categories.
Economic damages: These are tangible and quantifiable losses, which can be verified by bills, receipts, and pay stubs. They include:
- Medical bills
- Rehabilitation costs
- Lost income
- Property damage
Non-economic damages: These cover intangible losses that are more subjective and may require witness testimony to assess. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive damages: Awarded to punish the defendant for malicious or outrageous behavior and serve as a deterrent for future misconduct. However, Nevada law caps the amount of punitive damages.
Understanding these categories of damages is crucial for building a strong personal injury claim. Your attorney can accurately evaluate both economic and non-economic damages in order to pursue compensation for a successful resolution of your personal injury case.
Nevada’s Cap on Punitive Damages
Punitive damages are intended to punish defendants for egregious conduct and discourage similar future behavior. Nevada law places a cap on punitive damages in most personal injury claims to keep the payout from becoming too large. For cases in excess of $100000, punitive damages cannot exceed triple the amount of compensatory damages.
This provides a mechanism to still allow punitive damages to get their point across without penalizing trials of large potential financial winnings. Being aware of these restrictions is crucial for claimants before they are able to calculate any possible total compensation in a personal injury case.
Factors That Influence Las Vegas Personal Injury Claim Compensation Amounts
When it comes to a Las Vegas personal injury claim, the factors that contribute to how much compensation will be awarded varies. It depends upon the severity and permanence of the injury, as more serious or long-term injuries result in higher compensation. Additionally, the weight of the evidence proving who’s at fault also plays a part; rock solid indisputable evidence can help lead to a more favorable result.
It’s also important how the injury has affected the victim’s life. For example, if they cannot work or do daily activities. The injury does not only involve physical health but also emotional health and the way in which this affects them in everyday life will be a factor. Quality and credibility of witness statements can strengthen a case. In most cases, a well-documented description of what happened using reputable witnesses can go a long way toward strengthening your case.
An attorney can effectively negotiate and provide evidence to maximize the amount of compensation you deserve. Court assignments can also play a role: different people will see the evidence differently, and may apply differing legal standards.
Other factors include the laws and legal precedents at that jurisdiction which can limit, or in some cases even expand upon, types and amounts of recoverable damages. Knowing these influencing factors can assist in putting together a more complete claim (resulting in a favorable compensation award).
Steps to Take after a Personal Injury Incident
When you’ve been injured in an accident, prioritizing your health and wellbeing is essential. Following these steps will help protect your rights and strengthen your personal injury claim:
- Seek immediate medical attention: Ensure your health is addressed first and obtain a record of treatment as proof of your injury.
- Gather evidence: Photograph the scene, hazardous conditions, and your injuries. Collect any available evidence from the accident site.
- Obtain witness statements: Collect contact information from witnesses and anyone else who can support your case.
- Get the police report: If the police were involved, obtain a copy of the report, as it can be valuable evidence.
- Report the incident to your insurance company: Provide factual information without admitting fault or speculating on the events.
- Track expenses: Keep detailed records of medical bills, lost wages, and any other related costs.
- Document dialogues: Maintain notes of all communications with insurance companies and other involved parties.
- Keep a personal journal: Document your pain levels, emotional distress, and how the injury has impacted your daily life and routine.
- Consult a personal injury attorney: Lastly, speak with a Las Vegas personal injury attorney for personalized legal advice on how to handle the intricacies of your claim. They can help obtain evidence and negotiate with insurance companies.
How Lerner and Rowe Can Assist with Your Las Vegas Personal Injury Claim
Having the right legal representation when you have a personal injury claim may be critical. If you are seeking the best Las Vegas personal injury attorney, Lerner and Rowe can help you win your case.
A skilled attorney will know how tough Nevada’s contributory negligence laws are and the many damages you may be awarded and will put together a strong claim on your behalf—from gathering the medical records and statements from witnesses to that of making sure all the documentation is in line.
Contact Lerner and Rowe today in Las Vegas to go over the specifics of your case and discover how we can help you fight for the restitution that you deserve.