Personal Injury Claim: Recovering Damages

personal injury claim

Personal injury law in Nevada states that a person is liable to compensate another if they caused them injury and economic damages due to a negligent action or omission. Furthermore, the comparative negligence principle applicable in our state deems a person eligible to seek financial compensation if they were less than 50% at fault for the event that caused their injuries and losses. In this article, a Henderson injury attorney at the Nettles Morris law firm will detail the types of damages which can be recovered in a personal injury claim.

Years of experience in negotiating such claims helped us create winning strategies for our clients. Also, they helped us understand why so many people get less than the fair compensation they deserve. One of the main reasons is that personal injury victims do not have a clear idea about the types of damages they are entitled to include in their claim – or in their personal injury lawsuit (we will make reference to this particular case later in this article).

What Represents a Personal Injury Case?

First of all, a Henderson injury attorney will determine that you have a case. In any personal injury case, the burden of proof rests with the claimant. This means that the injury victim must prove that:

  • The responsible party owed them a duty of care
  • By their negligent action, they breached their duty
  • The negligent action caused the victim’s injuries
  • The victim suffered economic damages as a result of these injuries.

In some cases (for instance, car accidents) there is no need to prove a duty of care, because any driver is by default responsible to act with due care towards other road users on public highways and roads. In other cases (for example, a slip and fall accident on someone’s property), the injured person must bring sufficient proof that they had a legal and valid reason to be present on the property and, thus, to expect a duty of care from the property owner or administrator.

Also, if the person was injured by a defective product, none of the above must be proved. Instead, the claimant must show that:

  • They were injured and suffered losses
  • The product was defective
  • The defect caused the injuries
  • The claimant used the product as it was intended by the manufacturer.

The Types of Damages You Can Include in a Personal Injury Claim in Nevada

Personal injury attorneys in Nevada can help injured people recover the maximum compensatory amounts they are entitled to. This is usually done by filing a claim against the fault party’s insurance company.

If the responsible party does not have insurance, the Henderson injury attorney will instruct you to file a lawsuit against the person and recover damages from their assets (wages, savings, real or movable assets).

In any circumstances, you have the right to recover the following types of damages:

Economic Damages

Economic damages represent not only the current costs, but also the future financial losses you are expected to incur as a result of the accident and its outcomes. The most common types of economic losses you will include in your claim are:

1. Medical Care Expenses

Hospital bills, prescriptions and physical therapy represent the most significant losses an accident victim incurs. They can amount to tens of thousands of dollars, especially after a severe accident resulting in catastrophic injuries, such as:

  • Back and spine injuries
  • Head injuries
  • Traumatic brain injury
  • Severe fractures
  • Loss of limb.

These medical expenses can continue to accumulate for years if the accident victim suffers a permanent injury leading to disability or impairment.

2. Property Damages

Property damages cover all the valuable items damaged as a result of the accident. Personal injury attorneys in Nevada usually add the following items to a claim:

  • Car, motorcycle or bicycle (in case of a traffic accident)
  • Mobile phone and other smart gadgets
  • Wristwatch
  • Jewelry.

3. Lost Wages

You are no longer receiving your paycheck while you recover from your injuries. If you are the main breadwinner in the family, this can be a serious drawback for your finances. Your Henderson injury attorney will include the entire amount of lost wages in your personal injury claim.

Also, if you are unable to work anymore as a result of your injuries, the attorney will also calculate an amount to cover for your loss of earning capacity.

4. Pocket Expenses

You should save the bills and receipts for any pocket expenses made in connection with your accident, including:

  • The cost to have your vehicle towed
  • Taxi fares to take you to and from medical appointments
  • Ambulance ride cost.

Non-Economic Damages

Non-economic damages represent a form of compensation for the pain and suffering you had to endure as a result of your accident. Personal injury attorneys in Nevada know that various accidents cause both physical pain and emotional trauma (including recurring nightmares, anxiety and PTSD).

Personal injury attorneys in Nevada usually talk to the victim’s friends and family members to assess the impact of the traumatic event on their personality and lifestyle. Some of the elements of non-economic compensation are:

  • Loss of quality of life
  • Loss of consortium
  • Depression and anxiety.

Punitive Damages

Punitive damages or exemplary damages are not included in an insurance claim but in the award at the end of a personal injury lawsuit. This amount of money given to an injured person is not exactly compensation, but a further punishment for the liable party if they acted with willful intent or gross negligence.

Your Henderson injury attorney will analyze the circumstances of the accident that caused your injuries and advise you whether you may stand to receive punitive damages.

Let an Experienced Personal Injury Law Firm in Henderson Win Your Compensation!

Nettles Morris is a team of attorneys with a combined experience of over 30 years. After working for insurance companies, we decided that we want to use our knowledge of the law and experience to help personal injury victims win the fair compensation they deserve.

We will diligently calculate all the damages you have sustained and negotiate your claim with solid evidence supporting your case. Also, we work on a contingency fee basis, so you do not have to pay us any fees until we win your case.

Please note that you only have 2 years since the date of the event (the statute of limitations) to take legal action, so schedule a free case review with us as soon as possible: 702-410-6239!

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