Economic losses, which includes medical costs and property damage, accounted for $277 million of the total costs while losses associated with lost productivity, pain and diminished quality of life. A fatality results in $1.4 million economic losses for society most of which is attributed to theloss of productivity. Because traffic accidents come at a high cost for cyclists, motorists, pedestrians, and motorcyclists, they have the right to pursue an injury claim against any of parties responsible for their accident. That could be a difficult task if you don’t have expert legal representation.
Premises Liability Claims
Premises liability claims arise out of accidents
Examples of premises liability claims:
- Accidental drowning
- Slip and fall
- Elevator or escalator accidents
- Dog bites
- Ice or snow-covered sidewalks
- Inadequate security
Proving Liability in Nevada
Whether you are filing a product liability, premises liability or traffic accident claim you must demonstrate negligence on behalf of the defendant for your case to prevail. Nevada law says to prove negligence in a product liability case you must show:
- That the defendant had a duty of care, and
- The defendant breached their duty to exercise due care
- That the defendant’s negligence caused the plaintiff’s injuries, and
- The plaintiff incurred economic damages.
Product Liability
Defective or hazardous products cause thousands of accidental deaths and injuries in the U.S. each year. A person who is injured by a defective product, poorly designed product or tainted food may have grounds to file a product liability claim.
For a product liability claim to prevail, Nevada Revised Statute says you must show:
- That a defect in a product made it “unreasonably ”
- The defect was present before leaving the manufacturer, and
- The product caused the victim’s injury.
The burden of proof for product liability claims
Types of product liability claims:
- Manufacturing defects
- Defective products
- Failure to provide adequate warnings
- How Will an Accident
Our accident attorneys in Nevada understand the state’s negligence standards and will take the necessary steps give you a strong personal injury claim. Our excellent accident litigators devoted and well-versed in state laws to better serve you and your case. Let USAttorneys connect you with an outstanding lawyer near you.
Will a Nevada lawyer be able to recover compensation for accident-related harms?
The most common cause of accidents in Nevada is distracted driving, sometimes resulting in catastrophic damages for victims, including long term physical, emotional and financial harms. Nevada instituted laws against hand-held communication devices to address part of distracted driving casualty. Experienced legal professionals can represent the interests of accident victims toward financial recovery. Depending on the duty of care owed by the negligent party to the accident victim, regardless of where the accident occurred, a skillful attorney will do their best to build a strong claim, introducing evidence to prove fault.
While losing a loved one to an accident is unimaginable and very often the focus of large financial awards in court, surviving an accident with catastrophic physical, mental, and emotional injury, and subsequent property damage can cause lingering financial devastation to a family. An experienced accident lawyer can initiate actions to reduce financial devastation through comprehensive insurance settlements, or court awards as the end-goal.
What types of accidents result in legal action toward fiscal recovery?
Medical malpractice, motor vehicle injury, personal injury, premises liability injury and worker’s on-the-job injuries might result in legal action in pursuit of economic, and non-economic damages in Nevada. Punitive damages may also be awarded in specific cases.
Motor vehicle.
Victims who have suffered loss after a motor vehicle accident may have questions about how Nevada laws will affect damage claims when someone else was at fault. Under Nevada law, victims have the right to pursue compensation from insurance within the two year statute of limitations. An experienced accident attorney can offer special guidance if the encounter involved a government agency, because tort action toward compensation may follow different timelines with specific instructions in these cases. When negligent acts, such as drunken driving, reckless driving, or distracted driving caused the accident, criminal charges may be filed by the state, in addition to a victim’s civil action for damages, which may include punitive damage awards.
At-fault insurance.
Nevada laws provide for compensation by at-fault drivers, who are legally responsible for the expense of damages and injuries they have caused. When damages exceed maximum coverage amounts on the at-fault driver’s insurance policy, especially in cases of catastrophic losses, it may be wise to speak with an experienced accident attorney to seek alternate avenues for monetary recovery. Under Nevada’s “modified comparative fault” system, injured parties can receive compensation if they are 50%, or less responsible for the accident, also known as the 51% rule. A claim must be filed within two years from the date of the accident in most cases, but guidance from a Nevada lawyer is recommended when timeline deviations are supported by case facts.
Personal injury.
Under Nevada Revised Statute Chapter 11, an accident victim has two years to file a case against injury, loss, or damages as a result of the action, or inaction of another, in order to recover compensation when fault and/or liability can be proven, and the victim was owed a duty of care.
Premises liability.
Individuals who have been hurt, or suffered loss on another person’s property may have a premises liability claim, if the loss was related to poor conditions on the property, improper maintenance, and upkeep of the property, including negative interactions with occupants and animals on the premises. A property owner’s responsibility depends on the standard of care owed to the injured person, based on the reason for their visit to the property. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of claims.
Medical malpractice.
The state of Nevada specifies timelines to follow regarding medical malpractice actions when an individual is injured while under the care of a health care provider. The statute of limitations is commonly within three years of the injury, or knowledge of the injury, but there may be exceptions in some cases. An experienced medical malpractice attorney can offer professional guidance to recover associated damages. Punitive damages may be awarded under Nevada law, only if it is found that the injury complained of was maliciously intended, or was the result of willful, or wanton misconduct by a health care provider. Non-economic damages are capped at $350,000.
Workers’ compensation.
The Nevada Department of Business and Industry can be helpful for cases when a person becomes injured on the job, or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones, or a personal representative of someone’s estate, when the death was caused by the negligent, reckless, or deliberate act of another. A wrongful death attorney can file a claim for damages that include:
- Medical bills and burial expenses,
- Lost wage and revenue,
- Compensation for the pain and suffering,
- Punitive damages that are intended to punish the person who caused the death, on a case-by-case analysis.
Compensatory damages.
Victims can recover compensatory damages including:
- Economic damages for present and future lost wages, medical bills, future medical care, household expenses and
- Non-economic damages for pain and suffering, mental anguish and loss of consortium, or companionship.
Punitive damages.
When a defendant’s actions are found to be intentional, and harmful, punitive damages may be awarded to punish them as a means to deter future similar acts. Nevada law allows punitive damages in cases where harm and intent are proven.
Seek legal counsel after an accident.
Nevada accident victims should consult with an attorney who can provide options to loss recovery. Counsel will be able to represent victims in court, objectively speak for them against an insurance company’s legal team and act toward a fair monetary award.
