Personal Injury Law in Nevada

Were you hurt due to another’s negligence in Nevada? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Nevada can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Nevada relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Nevada

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Nevada 

Across the state, the Nevada Department of Health and Human Services found that there were 11,256 traumas reported in 2019. Nearly 55% of all traumas involved male patients, and 47% of trauma incidents that occurred were residential or in home injuries. In addition, Clark County reported the most traumas but, outside of that, rural counties experienced a higher rate of injury than urban counties in Nevada.

Steps in a Personal Injury Lawsuit in Nevada

Once you determine that you wish to proceed forward with a personal injury action in Nevada

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

First, you and your Nevada attorney will file a complaint with the civil court. The party at fault will answer and either settle or enter the discovery and evidence gathering process. After this, most cases will opt to settle. However, if no settlement can be reached then the case will proceed to trial.

Nevada Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

There are a countless number of factors that can affect your personal injury settlement. Factors like medical bills, work loss costs, and property damage, just to name a few. According to the  Nevada Court of Appeals these factors impact personal injury cases so much that there is no way to truly find an average settlement. However, across the nation, most personal injury cases settle on average between $3,000-$75,000. As Nevada is the nation’s 35th most populous state, it experiences far less cases than larger neighboring states, like California.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NV, that means you risk not receiving any compensation at all.

Damage Awards in Nevada

If your Nevada personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Nevada, there is a damage cap of $100,000 for claims against government employees. In addition, there is a cap on punitive damages, but those rarely affect most personal injury settlements.

Statute of Limitations in Nevada Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

Nevada’s statute of limitations allows you two years from the date of the injury to file a relevant personal injury claim.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.

Work With an Experienced Nevada Lawyer

Pursue a personal injury claim in Nevada against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Nevada state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!