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.

Nevada Personal Injury Settlement Amounts Examples in 2024

A personal injury of any kind can be a life-changing experience for the victim and their family. When you know that another party is responsible for injuring you, it is natural to have lots of pressing legal questions about how you can hold them accountable, how long it could take for you to recover, and what type of compensation you can expect from the at-fault party. An experienced personal injury attorney is the ideal resource to consult for answers to these questions and the guidance you will need to navigate the proceedings ahead of you.

Nevada Personal Injury Settlement Amounts Examples (2023)

Claimable Damages in Your Personal Injury Case

The purpose of a personal injury claim is to prove fault for the harm you suffered from another party’s negligence or misconduct. The first challenge you face is proving liability for your damages, then you must prove the full extent of those damages. You must also establish causation between your claimed losses and the defendant’s actions, meaning you need to prove that your losses did not result from any other cause.

Under Nevada’s personal injury statutes, a plaintiff has the right to claim compensation for all economic losses they suffered because of the defendant’s negligence or misconduct. These economic damages are likely to include:

Property damage. When a defendant has damaged or destroyed your personal property, they are liable for all associated repair and replacement costs. Some of these losses may be recoverable through insurance depending on how the personal injury occurred, but anything you cannot recover from insurance may be cited as economic damages in your personal injury case.
Medical expenses. If you suffered physical injuries due to a defendant’s actions, they are liable for all the medical treatment costs you incur from the injury. You have the right to seek full repayment of all immediate and future medical expenses you face because of the incident.
Lost wages. When you are unable to work due to your personal injury, the party who caused the injury is liable for the income you cannot earn during this time. This applies to future income as well if your earning capacity has diminished due to the severity of your injuries. Your attorney can help calculate how much you could have earned in the future if the injury had not occurred and add this projected lost future income to your claim.

Beyond economic losses, a plaintiff also has the right to seek compensation for the pain and suffering they experienced. State law only limits pain and suffering compensation in medical malpractice cases, so this could form the bulk of your final case award if you suffered catastrophic harm in the incident. Ultimately, many other variables could potentially impact your final case award, and it will be crucial for you to find legal counsel you can trust to help maximize your recovery.

FAQs

Q: How Much Is My Personal Injury Claim Worth?

A: A plaintiff in a personal injury claim has the right to seek full repayment of all the economic losses they suffered as well as compensation for their long-term economic damages, such as ongoing medical expenses and lost future earning capacity. State law also allows a plaintiff to claim pain and suffering compensation, and there is no limit to how much they can claim for most personal injury cases.

Q: How Do You Calculate Pain and Suffering in a Personal Injury Claim?

A: Most personal injury attorneys will use one of two methods to calculate pain and suffering compensation for their clients. First is the multiplier method, reserved for plaintiffs who have suffered extreme catastrophic injuries. The attorney multiplies their client’s total economic damages by a factor between one and five to determine appropriate pain and suffering compensation to reflect the severity of the victim’s experience. Second is the per diem method, reserved for plaintiffs expected to make full recoveries in the short term. The attorney bases this calculation on the number of days it takes the client to fully recover multiplied by a reasonable daily compensation amount.

Q: Can I Recover From a Personal Injury With Insurance?

A: Filing an auto insurance claim is typically your first option for recovering from a car accident, but insurance may not be available for every type of personal injury that might occur. When you do have the option of filing an insurance claim after an accident, your attorney can help maximize your settlement before seeking compensation for the remainder of your losses with a personal injury claim.

Q: Do I Need an Attorney to File a Personal Injury Claim?

A: It is technically possible to file your personal injury case without an attorney as state law does not require you to hire a legal representative. However, you face a very difficult series of legal proceedings if you attempt this. Having an experienced attorney representing you means that you will have ongoing support through every step of your case and can rest and recover with peace of mind knowing your recovery efforts are in capable hands. Your attorney may also reveal channels of compensation that you may not have realized were available to you, enhancing your recovery beyond what you initially anticipated.

Q: What Does a Personal Injury Attorney Charge Their Client?

A: Most personal injury attorneys accept cases on a contingency fee basis. With a contingency fee agreement, the client is not required to pay upfront or ongoing legal fees, nor are they required to pay any fees if the attorney cannot recover compensation on their behalf. If the attorney wins their case, they take a percentage of the total compensation recovered for the client as their fee. This billing policy ensures the client does not pay more for legal representation than they win in compensation for their damages and makes legal counsel accessible to those with limited assets when they need it most.

The attorneys at Easton & Easton have years of professional experience helping clients in Las Vegas and surrounding communities with all types of personal injury cases. We know you are likely to have lots of important questions about the case ahead of you and the compensation you might win if you succeed with your case. Contact Easton & Easton today to learn how a seasoned personal injury attorney can assist with your recovery.

Nevada Personal Injury Settlement Amounts Examples