Is There a Limit on Pain and Suffering Damages in Nevada Personal Injury Claims?

State law does not restrict or limit pain and suffering damages in personal injury claims, the single exception being medical malpractice cases. If your personal injury claim falls within the scope of medical malpractice, your non-economic damages are limited to $350,000. As long as your claim does not pertain to medical malpractice, there is no limit to how much pain and suffering compensation you can seek from the defendant who caused your injury.

How Do I Prove Negligence in a Personal Injury Case in Nevada?

The crux of personal injury claims filed is negligence, a legal term used to describe a failure to meet a specific duty of care or a failure to act with reasonable care in a given situation. To succeed with a personal injury claim focused on an act of negligence, the plaintiff must prove the defendant held some duty of care, violated that duty of care in some way, and consequently caused the plaintiff’s claimed damages. The plaintiff must be prepared to prove their claimed losses directly resulted from the defendant’s negligence and not some other cause.

How Do I Calculate Economic Damages in a Personal Injury Case?

State law allows a personal injury case plaintiff to seek compensation for the entire scope of economic damages they sustained because of the defendant’s actions. These often include property damage, medical expenses, and lost income. In addition, however, state law allows the plaintiff to seek compensation for both immediately recognizable economic damages as well as economic damages that have not yet been realized. So, if you were permanently disabled and cannot return to work because of the defendant’s actions, they are liable for whatever income you lose immediately following your accident as well as future lost wages that you otherwise would have been able to earn.

What Happens If I Partially Caused My Personal Injury in Nevada?

The state enforces the modified comparative negligence rule with a plaintiff fault threshold of 50%. This means a plaintiff may still recover compensation for their damages even if they share fault for the injury in question, but only as long as they are less than 50% at fault for the incident in question. If the plaintiff’s fault exceeds 50%, they cannot seek compensation from the defendant. However, if their fault is less than 50%, their fault percentage is deducted from their case award, and they can recover the remainder.

Do I Really Need to Hire an Attorney for a Nevada Personal Injury Claim?

You are not legally required to hire an attorney to represent you in your personal injury case, but having legal counsel you can trust is an invaluable asset for your impending case. Your attorney can guide you through all your case proceedings and uncover avenues of compensation you may not have known were available. Ultimately, you are not only more likely to win your case but also more likely to maximize your final case award with an attorney’s assistance.

Compensatory Damages in Nevada Personal Injury Cases (2024)

A personal injury occurs whenever one party’s actions cause harm to another party. This can happen because of negligence (failure to use reasonable care in a given situation), or a personal injury can happen because of intentional and illegal misconduct. No matter how a personal injury occurs, the party responsible for causing it faces liability for all resulting damages they inflicted on the victim.

If you or a loved one recently suffered a personal injury, it is natural to wonder how much compensation you are entitled to claim under Nevada’s personal injury laws. Most plaintiffs are eligible to claim all types of economic damages they suffered, which are commonly called compensatory damages. Other variables may also influence the outcome of your case, and with the right attorney representing you, it’s possible for you to secure more than you may expect for your damages.

Compensatory Damages in Nevada Personal Injury Cases

Types of Compensatory Damages You Could Claim

The goal of any personal injury claim is for the plaintiff to secure the compensation they need to account for all the losses sustained from the defendant’s actions. Under state law, the plaintiff has the right to recover economic damages such as:

Property damage. If the defendant damaged your home, your vehicle, or any of your other personal property, they are responsible for all associated repair or replacement costs. Your attorney can help accurately calculate these losses, some of which may be recoverable through insurance.
Medical treatment costs. Most personal injury claims pertain to physical injuries, and if a defendant has physically harmed you with their negligence or misconduct, they are liable for the cost of all medical care you need to recover. This includes future medical expenses if you suffered a serious injury that will need extensive rehabilitative treatment or ongoing in-home care.
Lost wages. When you are unable to work and earn income because of your injury, the defendant is liable for the income you cannot earn during recovery. This applies to vacation time or other paid time off you were compelled to use because of your injury.
Lost future earnings. Unfortunately, many victims of personal injuries are left disabled from their experiences and cannot return to work and earn income. If this applies to your situation, the defendant is liable for the future wages you would have reasonably expected to earn if they had not injured you. Your attorney can calculate this amount based on the time you would have been able to continue working, inflation, and other variables.

Beyond compensatory damages, it is also possible for the plaintiff to recover compensation for their pain and suffering; punitive damages may also come into play if the defendant breaks the law in causing their injury. Ultimately, most personal injury plaintiffs initially undervalue their claims, not realizing the full extent of the recovery options available to them until they have legal counsel they can trust to advise them.

Easton & Easton approaches every personal injury case we accept with the goal of helping our client maximize their recovery. Compensatory damages are only part of the total recovery you could obtain with an attorney’s help, and our team is confident in our ability to identify every avenue of compensation available in your case.

FAQs

Q: How Much Can I Claim in Compensatory Damages?

A: If you plan to file a personal injury claim in the state, your compensatory damages will amount to the total of your direct financial losses caused by the defendant’s actions. Your attorney can help calculate the full amount, including future damages such as ongoing medical expenses and diminished capacity to work.

Q: How Do I Calculate Future Compensatory Damages?

A: When you plan to claim compensation for lost future earning potential, your attorney can calculate how much you would have reasonably expected to earn in the future if your injury had not occurred. Similarly, if you intend to claim compensation for your future medical expenses, your attorney can coordinate with your medical care team to determine how much the ongoing treatment you will need could cost.

Q: What Is the Damage Cap?

A: In most personal injury cases, there are no damage caps that limit plaintiff recovery. If you plan to file a civil claim against a government entity in the state, your recovery will be limited, and if you intend to file a medical malpractice suit, you are limited to $350,000 for your pain and suffering. As long as your personal injury claim falls outside these parameters, you can claim the full amount of your compensatory damages and as much pain and suffering compensation as you believe to be appropriate to reflect the severity of your case.

Q: What Is the Maximum Punitive Damages Award?

A: Punitive damages may be awarded when a defendant’s actions have exceeded the extent of typical negligence or were illegal in nature. If your total compensatory damages are less than $100,000, you can receive up to $300,000 in punitive damages. If your total compensatory damages amount to more than $100,000, punitive damages are capped at three times your total compensatory damages.

Q: How Much Will an Attorney Charge for a Personal Injury Case?

A: There is no need to be concerned about your potential legal expenses when you choose Easton & Easton to represent you. Our firm handles all personal injury cases on a contingency fee basis, meaning you will only pay an attorney’s fee if and when we win your case, and you will pay nothing if we are unable to secure compensation for you. Additionally, your contingency fee will be a percentage of the total amount recovered.

The attorneys at Easton & Easton strive to help every client we represent maximize their case award as much as state law allows. We know you are likely to have lots of important legal questions in the aftermath of a recent personal injury, and our team is ready to assist you with your recovery efforts. Contact us today to schedule a consultation with our team and learn more about the legal services we provide.