A personal injury case is a civil claim that can be filed on behalf of an accident victim in pursuit of damages, or financial compensation, for all of the losses the victim suffered due to a preventable accident. Understanding the types of damages that can be recovered will allow you to have a better idea of how much your case is worth. Our experienced personal injury lawyers can help you determine what your case is worth. Schedule your free consultation today.
Economic Damages (Special Damages)
There are two types of compensatory damages available in a personal injury claim in Nevada: economic and non-economic. They are also referred to as special vs. general damages. Economic or special damages reimburse a victim for the monetary losses associated with an accident and injury.
Medical Expenses
Medical bill recovery is the most common type of compensatory damage awarded in a Nevada personal injury case. You may be eligible to recover compensation for all of your current and future foreseeable medical expenses. This can include medically necessary operations, procedures, rehabilitation, therapies, prescription medications and medical devices.
Lost Wages
If your accident and injury interfere with your ability to work and make money, you could receive compensation for your lost wages and employment benefits (e.g., sick leave). This can include lost capacity to earn if you have a long-term or permanent disability that affects future income.
Property Damage
If you experienced property damage in an accident, such as vehicle damage in a car accident, you could seek financial compensation for the cost of repairing the damage or replacing destroyed property. You may also be eligible for compensation for various out-of-pocket costs, such as travel, transportation or a rental car.
Non-Economic Damages (General Damages)
Economic damages are referred to as special damages because they have specific costs and values that can be calculated using numbers on bills and receipts. Non-economic damages, on the other hand, are “general” because they are the intangible or personal losses that any victim likely would have suffered in the same circumstances.
They can include:
- Physical pain and suffering from injuries
- Emotional distress
- Anxiety and depression
- PTSD (post-traumatic stress disorder) from the accident
- Loss of enjoyment of life
- Impact on hobbies, social life or daily activities
- Loss of consortium (harm to relationships with spouse or family)
Non-economic damages are calculated not based on specific bills but on the severity of the victim’s injuries and how significantly they impact the victim’s life. A common strategy is the Multiplier Method, which multiplies the victim’s total economic damage award by a number (typically between 1.5 and 5) to determine non-economic damages.
Punitive Damages in Nevada
Punitive or exemplary damages are a less common type of award that may be granted in addition to compensatory damages if a defendant’s actions are particularly negligent or egregious.
Nevada law restricts punitive damages to being awarded only in cases where the plaintiff can prove using clear and convincing evidence that the defendant is guilty of “oppression, fraud or malice.”
Punitive damages are capped or limited at three times the amount of compensatory damages (if over $100,000), or $300,000 if the compensatory damages are under $100,000.
Maximize Your Recovery by Knowing Your Rights
Hiring a personal injury lawyer in Nevada can significantly increase your odds of recovering full financial compensation for your losses during a claim. An attorney can take over negotiations with an insurance claims adjuster on your behalf to fight for the recovery that you deserve based on the severity of your injuries and losses.
An attorney can help identify all applicable damages and fight for full compensation. If necessary, a lawyer can file a personal injury lawsuit to bring your case to trial. Find out how much your case is worth during a free case consultation with an attorney at Edward Bernstein & Associates.