Are There Any Damage Caps When It Comes to Nevada Personal Injury Cases?

Are There Any Damage Caps When It Comes to Nevada Personal Injury Cases?
Nevada personal injury

Dealing with Nevada personal injury cases can become complicated. If you suffer due to the negligence of another person, you should be completely compensated for the damages. For instance, if a car accident happens and you face serious injuries, the at-fault driver is responsible to compensate you for lost wages, property damages, and medical expenses that occurred due to injuries. You may also seek compensation for the emotional trauma, loss of consortium, and other non-economic damages that resulted due to the accident.

The law of Nevada protects the rights of victims by practicing no damage caps. This means in the majority of the personal injury cases, there is no cap on the amount of compensation that can be received for medical bills, lost wages, and other compensatory damages. However, a damages cap is placed upon government employees in Nevada. If negligence is exhibited by government employees while working under the scope of their employment. The damages cap amount for public employees is $100,000 without interest.

There are certain limitations to law related to monetary caps. In two circumstances the limit for monetary compensation is predetermined. In case of damages for pain and suffering in medical malpractices, the cap is placed on $350,000, whereas for punitive damages in Nevada the law caps the amount at $300,000 if the total compensation for other damages is less than $100,000. If the other compensatory damages are $100,000 the cap amount for punitive damages is three times the amount of compensatory damages. Moreover, punitive damages do not apply to claims of negligence by public employees.

Caps in Nevada Personal Injury Cases for Economic Damages:

In 2019, there were 173,040 preventable injury-related deaths reported in the USA. In Nevada personal injury cases, there is no cap amount placed on the plaintiff for economic damages. Economic damages involve out-of-pocket costs incurred due to the accident. Economic damages may include the following:

  • Property Damages
  • Lost Wages
  • Loss of earning capability
  • Physical therapy
  • Occupational Therapy
  • Short-term and long-term care
  • Modifications
  • Medical expenses including medical tests

Cap on Damages for Pain & Suffering:

There is no cap placed on damages for suffering or pain except for medical malpractices. The law of Nevada allows the plaintiff to receive compensation for non-economic damages in personal injury claims. The non-economic medical malpractice damages are difficult to evaluate in terms of monetary loss. Damages for medical malpractices include:

  • Loss of function pertaining to any part of the body
  • Loss of enjoyment of life
  • Any form of suffering or pain occurring due to an accident
  • Disfigurement and scarring

Cap on Medical Malpractice Cases:

In case you put forward a medical malpractice case, you must be aware of the limit amount. The personal injury cases of medical malpractice are capped at $350,000 regardless of the number of defendants responsible for the injury. The medical malpractice cap applies to all professional negligence cases involving a health care provider. This may include doctors, nurses, chiropractors, or the hospital

Cap on Punitive Damages:

The law of Nevada places a cap on punitive damages for personal injury cases including medical malpractice claims. The cap amount for punitive damages is $300,000 in case the compensatory damages are less than $100,000. The cap amount is three times the compensatory damages if the compensatory damages are or exceed $100,000.

There is an exception to the punitive damages cap in the following situations:

  • Violation of civil defamation laws in Nevada
  • Defective product’s manufacturing, sale, and purchase in Nevada
  • Violations of law prohibiting discriminatory housing practices
  • In case of a motor accident when the negligent driver was willfully under the influence of alcohol or drugs
  • An insurer failing to provide the obligatory insurance coverage as acting in bad faith for the client
  • Emission and waste of hazardous, toxic, or radioactive material causing injuries

In these specific circumstances, there is no cap placed on the punitive damages in Nevada personal injury cases. If you or your loved ones suffered from a serious accident due to the negligence of another driver or you have been injured due to a dangerous product, you should immediately consult a personal injury attorney to know your legal options.

Contact Our Nevada Personal Injury Lawyers Today

Our professionally experienced Nevada personal injury attorneys have years of experience in similar cases. We aim to attain the maximum money to compensate you for the damages. Our focus remains on strengthening your claim while protecting your rights. Our team will assist you from documentation to negotiations and filing the case on your behalf. It is your legal right to be completely compensated for the damages that you have suffered due to the negligence of another person.

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