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.

Most Common Personal Injury Claims in Las Vegas, NV (2024)

Las Vegas is one of the most popular tourist destinations on the planet, hosting millions of visitors from all over the world each year. While most people enjoy their time in Las Vegas, it is possible for personal injuries to occur virtually anywhere, unexpectedly, from a variety of causes. If you or a loved one recently suffered a personal injury in Las Vegas, it is crucial to know the value of legal counsel you can trust on your side. The right attorney can help you recover more fully than you may expect, and the faster you connect with a legal team you can trust, the better your chances are of maximizing your recovery.

It’s important to know the most common types of personal injuries reported in Las Vegas. Knowing the risk factors that you face in the area can help you limit your chances of experiencing a personal injury.

Most Common Personal Injury Claims in Las Vegas, NV

Most Common Types of Personal Injuries in Las Vegas

A personal injury occurs whenever one party’s actions cause harm to another party. A few of the most commonly cited causes of personal injuries in Las Vegas each year include:

Car accidents, which are a leading cause of accidental injuries throughout the United States each year. Recovery from a car accident typically starts with an auto insurance claim against the at-fault driver, followed by a personal injury suit.
Truck accidents. These tend to cause worse damages than standard car accidents and often raise difficult questions regarding liability. It’s possible for liability to fall to the truck driver and/or their employer, or a third party may be liable for your damages.
Motorcycle accidents. While less common than other vehicle accidents, they have a very high chance of resulting in catastrophic injuries and fatalities. Even the highest quality helmets and safety gear can only mitigate injuries, not prevent them entirely.
Dog bite claims. If another person’s dog injured you in Las Vegas, they are likely liable for your damages.
Defective product injuries. When you have been injured by an unreasonably dangerous or defective consumer product, liability for your damages is likely to fall to the manufacturer.
Slip and fall accidents. When you suffer an injury on someone else’s property because they failed to address a known safety hazard, they are liable for your damages under the state’s premises liability laws.
Medical malpractice. Any type of professional negligence on the part of a medical professional can potentially lead to a medical malpractice claim. This is a difficult type of personal injury case subject to special rules that require the attention of an experienced attorney.

If you are unsure whether you have grounds to start a personal injury case, it’s necessary to determine whether the incident caused actual harm or tangible, measurable damages that you can claim from the defendant. If so, you should consult an experienced personal injury attorney as fast as possible.

A typical personal injury claim can yield compensation for property damage, medical expenses, lost income, and pain and suffering. The plaintiff can claim compensation for immediate damages as well as anticipated future damages resulting from the defendant’s behavior. The right attorney can help you build the foundation of your case and identify all the types of compensation you can claim from the defendant. With their help, you can not only win your case, but you could also recover more compensation than you may have initially expected.

FAQs

Q: How Long Do I Have to Start a Personal Injury Claim in Las Vegas?

A: If you believe that another party in Las Vegas is liable for the personal injury you recently experienced, you have two years in which to start a personal injury claim against them. The statute of limitations for personal injury begins on the date an injury occurs, or it can begin on the date that the harm done is discovered by the victim.

Q: What Happens if a Plaintiff Is Partially at Fault for Causing a Personal Injury?

A: Nevada upholds a modified comparative negligence law that applies in any case in which the plaintiff shares fault with the defendant for causing their claimed damages. Under this law, the plaintiff loses a percentage of their case award equal to their percentage of fault for causing the damages, but only up to 50% fault. If their fault is 50% or more, they cannot claim compensation from the defendant.

Q: How Long Does It Take to Resolve a Personal Injury Claim?

A: Most of the personal injury cases filed in Las Vegas and throughout the state each year end in private settlements. This process enables the parties involved to avoid the time commitment and additional expense required of litigation. However, settlement is only possible if both parties are willing to compromise, and it usually takes several weeks to complete. By comparison, litigation can take much longer, potentially several months to more than a year.

Q: Can I File an Insurance Claim for My Personal Injury?

A: If you were injured in a motor vehicle accident, filing an auto insurance claim is likely to be your first opportunity to recover compensation for your damages. Every driver must have auto insurance, and an experienced attorney can help you maximize the claim settlement offer you receive from the defendant’s insurance carrier.

Q: Do I Have to Hire an Attorney for a Personal Injury Case in Las Vegas?

A: You are not legally required to hire an attorney for a personal injury claim, but doing so will dramatically increase your chances of success with the claim. Your attorney can help you identify all available channels of compensation to enhance your case award and assist you in streamlining your proceedings so you can recover more quickly. Ultimately, you are more likely to win your case and maximize your case award when you have legal counsel on your side.

The attorneys at Easton & Easton have years of experience handling personal injury claims in Las Vegas and surrounding communities. When you are unsure how to recover from another party’s negligence or illegal misconduct, we can help. Contact us today and schedule your consultation with our team to learn more about the legal services we offer.