Vegas and fun seem to go hand-in-hand. From the Strip to Freemont St and out to Red Rock Canyon, Sin City is always open and the streets always seem packed. With pedestrian traffic and vehicles trying to get around, car crashes are bound to happen. Even a minor vehicle collision can cause some pretty significant damage.
Table of Contents
So, what are your recoverable damages in a Las Vegas car crash? Your damages aren’t always limited to things like your vehicle damage. Your losses can also include your non-economic losses like pain and suffering.
Since leaving a financial loss off your car accident claim is something you probably don’t want to do, we’re looking at the types of compensation you may be able to recover.
Types of Compensation in a Vegas Car Accident Claim
If you’re involved in an auto accident, vehicle damage and injuries are often severe. This may mean you’re facing expensive medical and property repair bills, which is only the tip of your potential financial losses.
So, what types of damages can you claim in a Las Vegas car accident? As mentioned earlier, you may be able to claim your economic and non-economic losses. Your claim may also qualify for punitive damages.
Types of Economic Damages
Economic damages are losses with a tangible price tag. This means you know the value of each item you list in your claim. Your medical expenses are economic damages. This includes your current treatment, along with any long-term care.
If your injuries require a lifetime of medical care, this can also be listed as economic damage. Other types of economic damages are:
- Property repair or replacement. While this almost always applies to your vehicle, it’s not the only type of property that can be damaged in a Nevada car accident. Any personal belongings damaged inside your vehicle can be included in the claim. For example, if your laptop is damaged in an accident. Your cell phone and other devices are other examples. This also applies to any personal items belonging to your passengers.
- Loss of current and potentially future earnings. Remember, injuries in auto accidents are often severe. This means you may not be able to return to work immediately after the accident. Your economic damages can include this loss of pay. If your injuries prevent you from returning to your same position or going back to work for the foreseeable future, your claim may also include loss of future earnings.
Proving economic damages is also relatively easy. Since these are tangible, you can refer to medical bills, repair estimates, and pay stubs to total up the damages.
Don’t Leave Off Your Non-Economic Damages
Non-economic damages are intangible. There isn’t an obvious price for these types of damages. Your non-economic damages can include things like mental anguish, pain, and suffering. Loss of life enjoyment is another example of a non-economic loss.
How do you calculate the value of something that doesn’t have a price tag? You have two options. You can use the multiplier or per diem method. One method isn’t necessarily better than the other. Which one you choose often depends on the total of your economic damages.
To calculate non-economic damages using the per diem method. You take the total of your economic damages and multiply it by the number of days you experienced pain.
The multiplier method has you assigning a number typically ranging from 1.5 to 5 to your level of pain. You take the assigned number and multiply it by the total of your economic damages.
Depending on the total amount of your economic damages, one method may work best for your non-economic damages.
For example, if your lost wages are higher than average the per diem method may not be the best option. Don’t forget that insurance companies are going to fight high claim amounts. You may get a better response using the multiplier method.
Punitive Damages May Be Possible
Punitive damages are only awarded by a judge or jury, meaning your injury claim must go to a Las Vegas civil court. There aren’t any exceptions. Just because you’re pursuing a personal injury claim in court, also doesn’t guarantee you’ll receive punitive damages.
This type of compensation is rarely awarded in personal injury cases. To be considered for a punitive damage award, you must prove the driver’s actions are considered grossly negligent.
In other words, the accident wouldn’t have occurred if the driver had followed the Silver State’s traffic laws. You must also prove the driver showed an obvious disregard for the safety of others, this helps establish gross negligence.
Even if you prove these two standards, the court doesn’t have to award punitive damages. This type of damage is meant to punish the defendant and serve as a deterrent to others to prevent them from engaging in the same dangerous behavior.
Comparative Fault Can Impact Your Potential Compensation
Nevada has an insurance rule that can be beneficial or a disadvantage. The Silver State follows modified comparative negligence guidelines that allow more than one entity to be at fault for the same accident. As long as your assigned percentage of fault isn’t over 50%, you can get started filing a personal injury claim.
If your percentage of blame is 51% or higher, you can’t recover compensation from the other driver's insurance provider. This insurance rule is great for drivers who may be partially at fault for the vehicle crash.
However, the downside is what comparative negligence does to your potential compensation. Your financial settlement is reduced by your percentage of fault. So, if you’re awarded $100,000 and your percentage of fault is 20%, you receive $80,000 in compensation for your damages.
Learn More About Your Potential Damages in Your Las Vegas Car Crash Claim
The best way to learn more about the damages you may be entitled to receive after a car accident is to consult with an experienced Las Vegas accident attorney. Your Nevada injury lawyer can review your case and help ensure you receive fair compensation, including the possibility of punitive damages.
