Las Vegas, NV – After someone is injured in an accident, one of their first concerns is paying for things like property damage, medical treatment, and missed time from work. The legal term for the sum of all of these costs is damages, and it is the final element that must be proven in a negligence lawsuit. There can be a number of factors that affect a damage award after a jury verdict or settlement agreement, but the basic outline of a damage claim is always similar under Nevada law.
State law that explains damages
Chapter 42 of the Nevada Revised Statutes has a lengthy section regarding the calculation of damages and various definitions. As a general matter, it is important to realize that damages are meant to compensate a victim for tangible losses and injuries that are associated with the accident caused by the defendant. Punitive damages can also be awarded to punish a defendant for reckless behavior. Skilled attorneys are able to associate a number of different problems with just one collision and ask the jury to make the person or business responsible pay for all of them.
Procedural rules for presenting losses and damages
At the initial part of the lawsuit when the plaintiff files their complaint, they must also disclose a computation of damages. This is a requirement that is outlined in both the state and federal rules of civil procedure. Nevada is more strict than other states about this amount being listed at the beginning of the case, and not allowing a plaintiff to essentially surprise the other side by adding a larger monetary amount at a later time. However, there are some complexities related to adding damages that are discovered at a future time. In practice, judges in the state will often pressure the plaintiff’s counsel to disclose their entire projected amount of damages at the outset of the case.
Getting legal advice related to your specific accident
It is important to realize that every accident is different. Only an attorney who is experienced in this area of the law can make a reasonable estimate of the value of the client’s losses. In most cases, the more severe the accident, the larger the amount of damages that the plaintiff’s attorney can ask for. Due to exceptions in the statutes, there may also be specific factors in each accident that affect the amount that can be collected.
Local firms that handle accident lawsuits
Southwest Injury Law is experienced with helping all victims of motor vehicle accidents in the Las Vegas area with their lawsuits. They can assist clients with estimating their damage award, and arguing for the maximum amount allowed under Nevada state law during a jury trial.
Firm contact information:
8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148