If you were injured in an accident in Las Vegas, NV, you may be coping with lost income, physical injuries, and even emotional injuries, such as pain and suffering. If someone else’s negligence caused your car crash, slip and fall, or other accident, you can seek compensation for your losses through a personal injury lawsuit.
You can recover two key types of losses—or damages—in a personal injury lawsuit: economic and non-economic damages. While economic damages refer to your financial losses caused by the accident, like medical costs and property damage, non-economic damages refer to your other losses, like pain and suffering.
Non-economic damages may be emotional, psychological, or otherwise intangible in nature. If these damages are available in your case, it could significantly increase the value of your case. An experienced Las Vegas personal injury attorney can work with you to assess the full extent of your non-economic damages and pursue all other available damages.
What Role Do Damages Play in a Personal Injury Case?
If you pursue a personal injury case, you will probably need to prove that the at-fault party was negligent. Negligence means failing to act with the amount of care and caution that a reasonable person would in the same or similar circumstances.
To succeed in your negligence claim, you must prove the following four elements:
- The defendant owed you a duty of care. In most cases, one owes others a duty to act reasonably under the circumstances.
- The defendant breached the duty of care. This usually means showing that the defendant acted unreasonably.
- You suffered damages. These include physical and psychological injuries.
- Causation. Your damages were caused by the defendant’s actions.
As you can see, damages are an essential part of your case, and you cannot recover compensation unless you have successfully proven the damages. To successfully prove each element, you must present evidence showing that your claim or the facts you allege are more likely than not true.
What Damages Are Available in Nevada Personal Injury Cases?
Again, the key types of damages available in your personal injury case are economic damages or non-economic damages.
Economic Damages
Economic damages include past and future medical costs, property damage, lost wages, and other financial consequences caused by an accident or injury. They may also be called special damages or tangible damages, and they often relate to a specific transaction, invoice, or treatment plan.
Non-Economic Damages
Non-economic damages, in contrast, include other types of harm that are often emotional in nature. They may also be called general damages or intangible damages.
Non-economic damages include the following:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Disability
- Loss of consortium
- Anxiety
- Depression
- PTSD
- Mental distress
- Loss of quality of life
Non-economic damages can be difficult to identify and value without the help of an experienced personal injury lawyer.
How Much Is My Non-Economic Damages Claim Worth?
While economic damages are calculated by totaling the value of your medical costs, lost wages, and other financial costs, non-economic damages are not as straightforward. Things like emotional suffering do not have a fixed value.
However, there are several factors that should be considered when calculating your non-economic damages, including:
- The extent of your injuries
- The type of accident
- Your total medical expenses
- The duration of your medical treatment
- Insurance policy limits
- Anticipated consequences of your injuries, including permanent disability
- Time away from work due to your injuries
- Whether you will be able to resume your same or a similar job
- The impact that your injuries have on your quality of life
The circumstances of the accident may also impact how much your non-economic damages are worth. If the defendant acted egregiously, recklessly, or willfully, then you may be entitled to a higher amount of damages.
Your attorney will consider all of the relevant factors when calculating your non-economic damages.
Are There Any Caps on Non-Economic Damages in Nevada?
Nevada law does not place a cap on non-economic damages in most cases.
However, the State recently imposed a limit on the amount of non-economic damages a plaintiff could recover in a medical malpractice case to $350,000. This limit was increased by $80,000, to $430,000, in January 2024, and it will increase by $80,000 again every year until it reaches $750,00 in 2028. Thereafter, this cap will increase by 2.1% per year.
Contact an Experienced Las Vegas Personal Injury Lawyer To Discuss Your Case
If you were injured in an accident and you believe someone else was at fault, contact an experienced Las Vegas personal injury attorney from J. Cogburn Car Accident and Personal Injury Lawyers to discuss your case. You may be able to recover compensation for all of your damages—economic and non-economic.
An experienced personal injury lawyer will review your case and help you seek maximum compensation for your injuries.
