It only takes one moment. One moment for someone else’s reckless behavior to cause you injury and trauma that can potentially change your life forever. In that moment, you are left reeling and may have to navigate the consequences of the other person’s actions indefinitely.
If you find yourself in this position and are suffering injuries because of someone else’s negligence, a Las Vegas personal injury lawyer can help you seek justice and receive the compensation you deserve to navigate life post-accident. With a lawyer, you won’t have to handle a complex system by yourself.
Qualifications for Receiving Damages in a Personal Injury Case
Damages are awarded to those who have suffered a personal injury of some kind. With many types of lawsuits out there, you may be wondering what constitutes a personal injury case and who qualifies to file for one. If you have suffered a serious injury in a negligent accident, you may be entitled to damages in a personal injury case.
At H&P Law, we handle a wide range of personal injury claims, including but not limited to the following:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Pedestrian accidents
- Nursing home abuse
- Catastrophic injury
- Dog bites
- Medical malpractice
- Slip and Fall accidents
Types of Damages that Can Be Recovered
When someone has suffered an injury at another’s hands, they may have to deal with steep medical bills, disabilities, loss of income, an altered quality of life, and so much more. Navigating the aftermath and subsequent expenses can be an overwhelming and heavy burden for most people. This is where compensation for damages comes into play.
Compensatory Damages
To provide the plaintiff with relief, compensatory damages aim to compensate the injured party for the losses they sustained — often in an amount equal to the value of the loss that occurred. Some of the factors considered when determining the amount of damages include recovery expenses, loss of wages and income, and fair market value for property damage. Compensatory damages can fall into two categories:
- Consequential damages: Consequential damages refer to the compensation that is awarded based upon injury caused by another person or as the result of another’s actions.
- General damages: General damages refer to the monetary value that any injured party would be subject to in that situation.
Punitive Damages
When the defendant has engaged in a behavior that is particularly harmful or reckless, punitive damages may be awarded to the plaintiff. The intention here is to deter the defendant from future behavior of this nature and provide additional compensation to the plaintiff for the seriousness of the injuries they sustained. How punitive damages for personal injury recovery are assessed and awarded can vary by state.
If punitive damages are awarded, they often occur in addition to compensatory damages. However, punitive damages are statistically awarded in 5% of all cases. In some cases, they may even be awarded as part of compensatory damages.
Pain and Suffering
When someone has been subjected to injury via an accident or harmful act against them, they may experience pain and suffering. If sufficiently proven, damages can be awarded for pain and suffering. This occurs when a person suffers pain, trauma, discomfort, and emotional distress as a result.
Establishing Negligence in Your Personal Injury Claim
To recover damages for your injury, you will need to work with a lawyer to establish negligence for your case. In accordance with negligence law in Nevada, this is accomplished by demonstrating that you were injured because someone else violated their reasonable responsibility to not inflict harm. If negligence is established, you could be entitled to compensation for:
- Medical expenses
- Loss of wages
- Pain and suffering
- Wrongful death
Additionally, Nevada is a comparative fault state. The state stipulates that those who carry the majority burden of fault will not receive any damages. Depending on the parties involved in causing the accident, you, as the plaintiff, may qualify for all or some damages per the details of your case.
How to Provide Evidence in your Personal Injury Case
When working on your claim, a lawyer will work to gather all data relevant to your case. Providing this documentation allows your lawyer to establish your level of injury, negligence, and how much compensation you are entitled to. As part of the process, your lawyer will compile all applicable evidence that may include the following:
- Testimonies
- Documentation
- Videos and voice recordings
- Photographs
- DNA testing
- Other relevant objects, reports, and data
This evidence is intended to support your claim to seek damages. It is also used when establishing negligence and fault in a personal injury claim. All evidence must be relevant, factual, and admissible in order to be used.
Statute of Limitations for Damages in Personal Injury Cases
According to the state of Nevada, the statute of limitations to receive damages for a personal injury claim is two years. However, for medical malpractice, the statute of limitations is three years after the injury or one year following the discovery of the injury. While you are allowed this time frame to apply for damages, the sooner you file your claim, the better.
Schedule a Free Consultation with a Las Vegas Personal Injury Lawyer
Our team of experienced and dedicated personal injury lawyers at H&P Law is here to represent you when you need to file a claim. A personal injury case can upend your life, and recovering the damages you are entitled to can provide you and your family with relief. Legal representation can ensure you don’t leave any compensation on the table.
Contact us and tell us all about your case when you schedule a free consultation today. Let our team represent you so you are not left to face this situation on your own. We will answer your questions and formulate a strategy tailored to you.
