Five Fast FAQs About Bodily Injury in Nevada

two arms crossed with one in a white cast depicting a broken bone
Madeleine Jones
May 9, 2022

Bodily injury is an important concept in no-fault auto insurance states, like neighboring Utah. Injury victims in the Beehive State may only file legal claims if they sustained a serious bodily injury in a car accident. In other cases, available compensation is severely limited in car crash cases.

Nevada is a tort state. All victims may file legal damage claims, regardless of the extent of their bodily injury. However, this idea is still important in the Silver State. The worse the bodily injury, the more compensation the victim needs and deserves. A Las Vegas car accident lawyer works hard to obtain this compensation in court.

What is a Serious Bodily Injury?

Generally, serious bodily injury is a serious broken bone, concussion, or any other injury that results in hospital admission, or at least Emergency Room care. 

These injuries are quite costly. The average hospital bill is about $10,000 per day. Additionally, many serious bodily injury victims cannot work, or at least cannot work at full speed, for several weeks or months. Therefore, the lost income in such a claim could exceed the hospital bill.

What’s the Difference Between Bodily Injury and Personal Injury?

These terms are normally interchangeable but there are some differences. There could be a difference regarding the degree and/or type of injury. 

As mentioned, bodily injuries normally require hospital stays. A personal injury could be a bump or scratch. Personal injuries are often just as serious as bodily injuries. For example, if a nursing home staffer pushes a resident, the resident could sustain a serious injury, since most residents have pre-existing physical conditions.

Additionally, bodily injury usually refers to visible injuries. Invisible injuries, like Post Traumatic Stress Disorder, are every bit as severe.

How Does a Bodily Injury Claim Work?

Most personal injury claims settle out of court. Once medical treatment is substantially complete, a Las Vegas personal injury lawyer sends a demand letter to the insurance company or another defendant. This letter offers a financial settlement in exchange for a liability waiver.

If there are questions about responsibility for the injury or the extent of damages, and there usually are, the claim usually goes to court. Court claims usually settle as well, but they must first go through the complex Clark County legal system.

What’s the Difference Between Bodily Injury Coverage and Medical Payments Coverage?

Personal Injury Protection coverage, or bodily injury coverage, applies to medical bills and lost wages. Medical payments coverage is limited to, wait for it, medical payments.

Neither form of auto insurance is mandatory in Nevada. But it’s usually a good idea to buy such coverage. The premiums are usually small and the coverage limits are usually high. PIP and MP are both good gap policies. Assume Jim’s accident-related medical bills are $50,000 and the other driver was uninsured. If Jim doesn’t have a PIP or MP policy, he could be financially responsible for those costs, even if the other driver was entirely at fault.

What Compensation Can I Claim for Bodily Injury?

We touched on the available compensation in a court case above. These victims are entitled to compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, if the victim/plaintiff proves, by clear and convincing evidence, that the other party intentionally disregarded a known risk.

Connect with a Dedicated Clark County Personal Injury Lawyer

Injury victims are often entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Las Vegas, contact Cogburn Law. Attorneys can connect victims with doctors, even if they have no insurance or money.

I was hesitant about getting a lawyer for many reasons, however the entire staff at Cogburn Law reassured me that everything would be okay. They were always very attentive and provided detailed answers to any questions I had. I would like to thank the entire staff for all of your hard work, making sure that my daughters and I were compensated for the accident, and making sure we received all the necessary treatment. You were awesome. If you need an attorney that won’t look at you as just another case number, that’ll return your calls/emails I definitely recommend this team.

Jessica F.