It is too common in Las Vegas for someone to believe they can sue for a huge amount of money because they’ve been injured. There are situations where people have been awarded millions of dollars in a court settlement. This is not something that happens automatically.
Personal Injury Lawsuits
When it comes to these types of lawsuits, they will be based on a person experiencing mental or physical injury as well as property damage. The cause for this injury or damage will be negligence or incompetence of another person or a third party. The legal theory behind this type of lawsuit is that a person has a right to receive compensation for their injuries and other losses.
Compensatory Damage Caps
There are two types of compensatory damage awards. They are economic and non-economic. The state of Nevada has rules that provide limits on the damage amounts a person can receive for non-economic damage. This involves compensation for pain and suffering as well as emotional distress and more. Nevada’s non-economic limits for compensatory damage is $350,000. This limit does not apply to damages of an economic nature such as medical bills, lost wages, property damage and any other type of monetary loss.
Injured At Fault
There are laws in Nevada that provide guides when it comes to the amount of fault a person has in an accident. This makes it a comparative fault state. Should it be determined that an injured party is 51 percent or more at fault for an accident, they will not be awarded any money by a Las Vegas court. It is important a person feel confident they were not at fault for an accident or their responsibility was not more than 51 percent. If a person is awarded $10,000, but it was determined they were 30 percent at fault, they will only receive $7,000 in an award.
Punitive Damages
The purpose of punitive damages is to punish an alleged defendant for their behavior that resulted in injury or damage. It is intended to keep the defendant and others from engaging is such negative behavior in the future. Punitive damage awards in Las Vegas are capped. It is limited to three times the amount of general damage for small verdicts of less than $100,000. It is also three times for those over $100,000.
Damage Cap Exceptions
The damage caps for punitive damages in Las Vegas does not apply in certain circumstances. These are situations such as when legal action is brought against a manufacturer, distributor or the seller of a product that is proven to be defective. It also does not apply to an insurer who acted in bad faith concerning their obligation to provide adequate insurance coverage. It also doesn’t apply to a person or entity who violated Nevada’s state or federal laws preventing discriminatory housing practices. Damage or injury caused by an emission, disposal of toxic or hazardous waste or material will not have caps for punitive damage.
Personal Injury Cases
No two personal injury cases are the same or have the same results. Court proceedings involving personal injury cases are complex and can be difficult to understand for people with no legal background. It can also be very confusing for someone who is not from Las Vegas and unfamiliar with the state’s laws concerning personal injury damage awards. If a person believes they have a personal injury case they need to contact an attorney for professional legal advice.
