Nevada accident victims may have their damage award reduced due to contributory negligence
Las Vegas, NV – Some accidents result in extensive costs for things like medical problems, property damage, and lost income due to the victim’s inability to work. The main way that a victim can receive financial help is to utilize the insurance process, and then bring a civil negligence case if necessary. If the victim is successful in their negligence case, their attorney can request an amount of damages that will cover these costs. There are various kinds of damages written into each state’s laws, along with ways to determine how they are awarded. Nevada has its own set of rules for calculating damages, as does every other state.
Economic damages
These are the damages that are fairly straightforward for a victim and their attorney to calculate. Things like receipts for property damage and repairs, bills for medical treatment, and pay statements from a person’s job can give concrete numbers based on how long they missed work, what medical treatment was required, and other quantifiable losses.
Non-economic damages
These are sometimes referred to as emotional pain and suffering. It is much more difficult to predict non-economic damages, because the attorney has more room to argue. Things like reduced quality of life, physical pain caused by permanent and long term injuries, as well as stress, emotional trauma, and psychological problems can all be considered non-economic losses. After a serious accident, these amounts can become quite large because the victim may have to deal with mental health issues and reduced prospects for enjoying life because of the accident.
Dividing fault under Nevada’s negligence laws
The total amount of damages that a victim is awarded may also be reduced based on the specifics of their accident. Nevada uses a form of the contributory negligence doctrine where a victim’s ability to collect damages is reduced in proportion to their level of fault. That means a victim who is found to be partially at fault for their accident by the jury will lose some of the money that they will end up collecting. However, there is also the possibility that they cannot recover anything at all. Under Nevada’s contributory negligence principles, anyone who is found to have a higher level of fault for the accident than the person they are suing cannot recover anything at all. This principle is called modified comparative negligence in some jurisdictions.
Determining the total amount of damages available and level of fault in any accident is fact specific, so victims should contact a lawyer before trying to estimate these amounts.
Finding out if a civil lawsuit against the driver at fault is necessary
USAttorneys.com is a site that contains listings of licensed legal professionals in every state. Anyone who has been involved in an accident in the Las Vegas area can choose a lawyer and start the process by scheduling an initial meeting.
