There’s a whole lot more to Nevada than just the Vegas Strip. The Silver State has some impressive scenery stretching along the miles of highway. Don’t forget Las Vegas is a lot bigger than just casino-lined streets. Vegas is a bustling city with plenty of drivers. Vehicle accidents occur every day.
In fact, Nevada reported over 237,000 traffic accidents in four years. You may get to skate through life without ever getting into a car accident. On the other hand, Vegas odds are on you eventually being in a traffic accident. Typically, you can cover at least some compensation after a car crash but a few factors can impact your settlement amount.
Proving Negligence
Before you can file an injury claim with the at-fault party’s insurance company, you must prove negligence. As the plaintiff, the burden of proof is on you. This applies whether you’re filing a claim with the insurance provider or a lawsuit in civil court.
Negligence consists of four key elements: duty, breach of duty, causation, and damages. You must show that the defendant owes you a duty of care. In a traffic accident claim, the at-fault driver has a responsibility to act in a manner that doesn’t endanger other motorists. Breach of duty means the at-fault party acted in a manner that places others at risk.
Causation means proving the defendant’s actions are the direct cause of the accident. To prove damages, you must show that the accident is responsible for your injuries. If you can prove these four elements, you can probably start the claim process.
What Can Affect the Value of Your Injury Claim
Okay, you can prove the at-fault party’s actions or behavior is negligent. Everything should go smoothly, right?
While some personal injury claims sail through the claim process, even the negotiations with the insurance adjuster, others run into hiccups. You may have calculated your total damages but this doesn’t necessarily mean this is the amount you’re going to receive.
Modified Comparative Negligence
Some states follow modified comparative negligence rules, and Nevada is one of them. What is modified comparative negligence? The statute is relatively easy to understand. The rule allows for more than one party to be assigned blame for an accident.
If it’s determined your actions are also negligent, this will affect the value of your claim. If you’re wondering if you can still file an injury claim even if you’re partially responsible, the answer is usually yes. There is a stipulation.
You can’t be more than 50% responsible for the accident. How does this affect claim value? Your award amount is reduced by the same percentage as your blame. This means you’re not going to receive the full value of your claim.
Your Injuries
A large part of your claim is your injuries. The type and severity of your injuries will help determine the claim’s value. For example, medical expenses relating to a broken arm or leg will be higher than if you only sustain minor cuts and bruises.
The duration of your injuries is another factor. Short-term injuries heal in a few weeks or months. Long-term injuries can take years to heal. If you suffer a permanent injury, the value of your claim will probably be higher than if you make a full recovery in a few weeks.
The reason injury type and severity play a role in a claim’s value typically comes down to medical costs. Your medical expenses will be significantly higher if you require long-term care.
Did you know your injuries can also include pre-existing conditions? The Eggshell Skull Doctrine may apply if your accident results in a worsening of your pre-existing condition. However, not all pre-existing health conditions always qualify for compensation so it’s best to work with an experienced personal injury attorney.
If You Miss Work
Some injuries are severe enough to prevent you from returning to work. If these injuries are caused by someone’s negligence, you may be able to claim compensation for lost income.
The type and severity of your injuries will also play a role in this aspect of your claim. For example, if your injuries are only minor bruises and scrapes, you may not be able to claim lost wages. This is because most individuals can return to work even when they’re bruised and wearing a few small bandages.
However, if your injuries are severe enough to keep you at home or in the hospital, you can probably include lost income in your insurance claim. If your injuries prevent you from ever returning to work or prevent you from holding the same job position, you may also be able to file a claim for lost future income.
While you’re probably not going to receive the same amount you do each paycheck, including lost income can significantly increase the value of your claim.
Property Damage
You can experience property damage in almost any type of accident. While vehicle damage is the most common, you can include other belongings like a cell phone, laptop, or table.
The extent of the damage will affect your claim’s value. More extensive damage usually means higher repair costs. If your property can’t be repaired, you can also claim replacement costs.
Your property damage costs can even include towing and storage fees. For example, your vehicle is undrivable after an accident. Sometimes you need a place to store your damaged property. This is when you may be able to claim storage rental fees.
If you’re planning on including property damage in the insurance claim, make sure to save all receipts, along with your repair and replacement estimates.
Insurance and State Caps
Some insurance carriers have caps on insurance payout amounts. You can’t receive more compensation than the cap allows.
The Silver States also has caps on some types of personal injury claims. This includes medical malpractice. Some non-economic damage awards are also capped but this may not apply to your injury claim.
If punitive damages are a possibility, you can’t receive more than $100,000. Yep, Nevada caps all punitive damage awards.
Ensuring You Receive the Full Value of Your Claim
Insurance companies will look for ways to reduce your claim’s value. Nevada negligence laws can also be a little tricky to navigate. A tiny mistake can dramatically lower the value of your claim so it’s usually best to work with an attorney. Your attorney can help ensure you receive fair compensation for your damages.