What Are Personal Injury Damages?

broken arm personal injury
Madeleine Jones
March 15, 2022

Personal injury damages are the monetary awards victims get as compensation for harm caused by someone else. The word “damages” is the term used for the injuries the person suffered by this harm. A plaintiff may receive monetary awards for emotional and physical harm, as well as property damage caused by an incident or accident that was someone else’s fault.

If you or someone you love was injured in an accident that could have been prevented in Nevada, you may be eligible to collect compensation. A Las Vegas personal injury attorney from our firm can represent you. Our team of experienced attorneys can go over your case, determine if you have a strong one, and pursue a settlement for personal damages on your behalf.

The Two Options To Get Personal Injury Damages

Every negligent person who harms another person must compensate them for the harm done. If you are harmed, you may get compensation by filing a personal injury lawsuit or through insurance. 

Insurance Claims Allow For Settlement Outside Of The Court

Many people begin their legal pursuit of compensation by filing a claim with the liable party’s insurance company. This will allow a claimant to present their case to the insurer and demand for their damages to be covered. This can be negotiated into a settlement agreement based on the liable party’s insurance policy.

However, insurance coverage is not always the best option to cover losses. Even when the coverage is sufficient, insurance companies may try to give you the lowest settlement possible. Once you take their offer, you can’t pursue any additional compensation. Even if your injuries get worse and require further treatment. It may be worth hiring an attorney to estimate the value of your case and fight for fair compensation.

Pursuing a Personal Injury Lawsuit

If you file an insurance claim and the insurance company puts obstacles in your way, you may want to file a personal injury lawsuit instead. Many attorneys use the threat of a lawsuit as leverage when negotiating a settlement with the insurance company. This can be a practical way of dealing with an insurance company that refuses to meet your demands.

If your serious injuries require continuing care, you may also need to file a personal injury lawsuit to get the compensation you need to cover your medical expenses, property damage, etc. Some insurance policies don’t give enough coverage to pay for all of these expenses, so one way of fighting for more compensation would be to file a civil action.

Personal Injury Damages

If you win a personal injury lawsuit in Nevada, there are several types of damages you can get. These include:

Economic Damages

Economic damages are for specific monetary costs and losses due to the accident. Some examples of economic damages are:

  • Medical, medication, ambulance, and rehabilitative expenses
  • Future medical expenses
  • Lost wages and future loss of wages
  • Property damage costs
  • Reduced capacity of earning money
  • And many more

If you had any other financial setbacks, we can help you collect invoices, receipts, or other documents to prove their value and add them to the total compensation award we demand. 

Non-Economic Damages

These damages are less tangible and subjective and refer to the costs that don’t have a monetary value. For example:

  • Pain and suffering
  • Emotional distress
  • Loss of reputation
  • Loss of quality of life
  • Humiliation
  • Permanent disability, including loss of vision or hearing
  • Psychological trauma
  • Scarring or physical disfigurement

These damages are very subjective, but there are ways to calculate their value. Our team of attorneys can go over how to estimate the value of non-economic damages after going over your case.

Punitive Damages

These damages are to punish and make an example of the liable party who acted recklessly while causing your injuries. Punitive damages can be greater than compensatory damages. Under NRS 42.005, these damages are capped at $300,000 if the amount of compensatory damages is less than $100,000. 

Proving Negligence To Receive Personal Damages

To be awarded personal damages in a lawsuit like this, you and your lawyer must show that the at-fault party acted negligently and caused the accident. This means you will have to be able to prove the following:

  • Duty of care: the at-fault party powered you a duty of care. For example, every driver needs to obey traffic laws and take precautions to avoid crashing into other vehicles or people.
  • Breach of duty: the at-fault driver breached this duty of care.
  • Causation: this breach of duty was the direct cause of your injuries.
  • Damages: as a result, you suffered damages. 

Duty of Care Can Vary

The duty of care that is owed depends on the circumstances of your accident. These are some examples:

  • Car accidents: drivers must follow traffic laws. A breach of this duty can take place when a drunk driver ran a red light and hits you.
  • Slip and fall accidents: property managers and owners have to keep their premises safe for everybody. A breach of this duty would be if the storekeeper didn’t mop up a spill and consequently led to your fall.
  • Defective products: product designers, marketers, and manufacturers must make sure the product is safe for use before selling it to the market. A breach of this duty might be if an airbag is defective and it exploded, causing you an injury.
  • Medical malpractice: medical facilities and workers must give you the proper medical care by industry standards. A breach of this duty would be if a surgeon leaves a sponge inside your body during a procedure.

An experienced attorney can investigate your case to determine who would be held liable for your injuries. They would be able to determine who had the duty of care in your particular situation. They can also collect the evidence needed to support your claim and present the case in front of an insurance adjuster or jury.

Related post: Can you recover compensation from dental injuries in a car crash?

Get Help To File a Personal Injury Claim Today!

If you or a loved one was injured because of someone else’s negligence in Nevada, the personal injury attorneys at Cogburn Law may be able to help. We will take the burden off your shoulders and handle every legal aspect necessary to get you the compensation you deserve. In Nevada, you only have two years from the day of your accident to file a claim, so time is of the essence. It’s important to contact us as soon as possible. Call us now at (702) 747-6000 and get your free initial consultation.

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.