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 Los Angeles, CA (2024)

A personal injury happens whenever someone suffers physical harm and/or economic losses due to another party’s illegal misconduct or failure to use reasonable care. If you or a loved one recently suffered any type of personal injury in Los Angeles, it is crucial to understand the value of legal counsel and to know what you can expect in terms of how you can secure compensation for your damages. Depending on the type of personal injury you suffered and the scope of your damages, you could be entitled to a larger recovery than you expect.

When searching for a personal injury attorney in Los Angeles, it is essential to choose one who has experience managing cases like yours. Every personal injury case is unique, and every plaintiff will face different challenges as they seek compensation for their losses. The following are some of the most commonly filed personal injury claims in Los Angeles and the unique issues you may face as you seek compensation for damages.

Most Common Los Angeles Personal Injury Claims

Some of the most frequently cited causes of personal injuries in Los Angeles include:

Motor vehicle accidents. Recovery from any vehicle accident usually starts with an insurance claim against the at-fault driver. If their insurance cannot fully repay your damages, you can then proceed with a civil suit. Distracted driving, driving under the influence (DUI), and speeding are a few of the most commonly cited causes of vehicle accidents in the state each year.
Premises liability. A slip and fall or another injury on someone else’s property could lead to the property owner facing liability for the victim’s damages. Property owners are legally required to maintain reasonably safe premises, and if they fail to do so, they face liability for the victim’s injuries and economic losses.
Medical malpractice. Thousands of Los Angeles residents trust their doctors and other medical professionals, but the reality is that medical negligence is one of the leading causes of accidental injuries and deaths in the United States each year. When medical malpractice causes a personal injury, there are special rules that apply to these cases, and it is essential to have experienced legal counsel on your side if you want to reach the optimal outcome.

These are just a few examples of the most common causes of personal injuries throughout the Los Angeles area each year. If you are unsure whether you have grounds to start a personal injury suit against another party, it is vital to consult an experienced attorney as fast as possible. Under state law, you have the right to claim full repayment of all the economic losses you suffered as well as compensation for the pain and suffering you experienced. However, before you can collect these damages, you must prove fault for your injury. The right attorney can be an invaluable asset for every stage of your case, from building your initial complaint to negotiating a settlement or pursuing a case award in litigation.

Most Common Personal Injury Claims in Los Angeles, CA

FAQs

Q: What Is the Cap on Pain and Suffering Damages?

A: Under the state’s personal injury laws, there are no caps on the economic or non-economic damages that a plaintiff may claim from a defendant. The only exception is that compensation for pain and suffering is limited in medical malpractice cases. If your personal injury claim falls within the purview of medical malpractice law, you can only claim a limited amount of pain and suffering compensation regardless of the severity of your injury.

Q: How Long Do I Have to Start a Personal Injury Claim in Los Angeles?

A: There is a two-year statute of limitations for most personal injury claims. This time limit starts the day a personal injury occurs, or it may start on the date that a plaintiff discovers harm done by a defendant. It will take time to gather the materials needed to start a personal injury case, so it is important for the plaintiff to seek legal counsel as fast as possible after an injury to ensure they meet the filing deadline.

Q: What Happens if I Am Partially Responsible for Causing My Personal Injury?

A: The state upholds a pure comparative negligence law, meaning it is possible for a plaintiff to bear partial liability for their personal injury but still recover compensation for their losses. Under the pure comparative negligence rule, the plaintiff’s percentage of fault for causing the damages is deducted from their case award, and they keep the remainder. For example, 25% fault would mean the plaintiff loses 25% of their case award.

Q: Is Hiring a Personal Injury Attorney Necessary for My Case?

A: You have the ability to start a personal injury claim on your own, as there is no law in the state requiring you to hire legal counsel. However, the right attorney can make every aspect of your claim easier to handle, and you will be more likely to maximize your case award with their assistance. A good attorney will know all the various ways you can maximize the compensation you secure from the defendant, and they can also help you recover more quickly than you would have without their assistance.

Q: How Much Does a Personal Injury Attorney Charge in Los Angeles?

A: Easton & Easton will not add to your financial concerns with overly expensive legal fees. We take personal injury claims on a contingency fee basis, meaning you pay a percentage of your final case award as your fee, but only if and when we win compensation on your behalf. If our firm is unable to secure compensation for your personal injury for any reason, you will pay nothing, so there is no risk to you by choosing our team as your legal counsel.

The right attorney can significantly increase your chances of success with any personal injury claim in Los Angeles. The team at Easton & Easton has built a solid professional reputation as a leading choice for personal injury counsel in the L.A. area, and we are ready to put our experience to work for you. Contact us today to schedule a consultation and learn more about the legal services we offer in Los Angeles.