Las Vegas, NV – The main purpose of filing a lawsuit after a motor vehicle collision is so that the victim can be paid for various types of financial losses caused by the driver at fault. This is one of the most common types of cases handled by personal injury lawyers. Their job is to help the client receive the maximum amount of compensation allowed by law based on their injuries and property damage. The final element of a negligence case, known as damages, is crucial to determine how much the plaintiff can receive. The laws surrounding calculation of damages can also be complex in some situations.
Accidents and negligence lawsuits
Most motor vehicle accident lawsuits will proceed as a negligence case through the local civil court system. Negligence is the legal term for when one individual or entity breaches the standard duty of care, and causes various forms of harm to one or more victims. The four elements of negligence are a duty of care, a breach of the duty of care, actual and proximate causation, and damages. The plaintiff must prove all four of these elements, otherwise the defendant will not owe them any compensation.
Damages and Nevada law
In Nevada, a few different types of damages are available. Compensatory or economic damages are meant to compensate the victim for any tangible losses that they can prove through documentation and evidence. This can include hospital bills, invoices for property repairs, and medication costs. Victims will often have to miss time from work as well, and they can prove their wages and the amount lost during the duration of their injury.
Non-economic damages are less tangible because they are normally based more on argument from the lawyers than an amount that can be found in any document. Attorneys will argue that trauma, emotional problems, psychological damage, and physical pain tied to injuries should all be factored into the amount of non-economic damages available to the plaintiff through a settlement or jury decision.
There may be rare situations where the defendant acted particularly bad or maliciously. This allows the plaintiff to collect additional amounts through punitive or exemplary damages. These are meant to punish a defendant for bad conduct rather than compensate the victim. However, most civil cases will not award punitive damages.
Talking with an attorney to get more information
Accident victims can consult with a local lawyer in Las Vegas and determine if they want to file a civil lawsuit to be compensated for their injuries. Southwest Injury Law focuses on these kinds of cases and they can utilize their experience to help clients achieve the best result.
Firm contact info:
8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148