3 Types of Damages in Personal Injury Cases
When you are injured because of another person’s negligence or intentional conduct, you are entitled to file a personal injury lawsuit in court and receive damages, which are types of financial compensation for those injuries. The purpose of damages is to put you, the injured person, back in the position you would have been in before the accident. If you or a loved one were recently involved in an accident, you might wonder what your injuries or worth are or if you can get compensated for missed workdays.
Types of Damages in Personal Injury Cases
In Nevada, personal injury claimants, or plaintiffs, may be entitled to three types of damages: compensatory (or economic), non-economic, and punitive damages. The amount of damages you receive depends on the kind of injuries and harm you experienced because of the incident.
The primary type of damages, compensatory or economic damages, are awarded to compensate you for expenses you incurred and expect to incur because of the accident and your injuries. Expenses must be quantifiable or have an identifiable cost. In most cases, you will prove your damages with documents such as bills and receipts and include:
- Medical care and expenses.
- Short- and long-term care.
- Lost wages.
- Loss of future earnings.
- Damage to your property.
Non-economic damages are awarded to compensate you for injuries where an exact dollar amount may be difficult to pinpoint. The number of your non-economic damages will be determined based on the value of your total economic damages. This allows you to receive damages even if you don’t have specific expenses tied to your injury. Common examples of non-economic damages include:
- Emotional distress.
- Pain and suffering.
- Disfigurement and physical impairment.
- The loss of enjoyment of activities.
In rare cases, you may recover punitive or exemplary damages besides whatever compensatory damages you receive in a personal injury lawsuit. Punitive damages are awarded to punish wrongful conduct. They are not granted frequently, as they are reserved for cases where the behavior that caused your injuries or the accident involves:
- Fraud or the use of misrepresentation or concealment to deceive another person.
- Malice or behavior that is considered recklessly indifferent to the rights, life, or welfare of others or acting with the deliberate intention of causing harm.
- Oppressing or subjecting another person to hardships that are both cruel and unjust.
Does Nevada Limit or Cap Damages in Personal Injury Cases?
Nevada personal injury law may impose damage caps or limits on the number of damages you can recover for your losses. Usually, there is no limit to the number of compensatory damages you can recover. The amount is related to the costs and expenses you incurred due to your injuries.
However, Nevada does cap the amount of compensation and type of damages you can receive in some instances and circumstances, such as:
Regardless of how much you receive for compensatory damages, your non-economic damages are capped at $350,000.
The cap on punitive damages depends on the number of compensatory damages rewarded. If your compensatory damages are less than $100,000, punitive damages are capped at $300,000. If compensatory damages are more than $100,000, punitive damages are capped at three times the amount rewarded.
Medical Malpractice Lawsuits
In medical malpractice lawsuits, your non-economic damages are limited to $350,000.
What Are the Most Common Types of Personal Injury Cases?
While personal injury cases can occur anytime and anywhere, the most common cases we focus on involve the following types of accidents:
Motor Vehicle Accidents
These are the most common accidents due to the number of cars, motorcycles, and trucks on Nevada roads. Injuries are typically caused by a distracted or intoxicated driver, a head-on collision, speeding, or a vehicle defect.
Slip and Fall Accidents
These accidents occur when someone slips, trips, or falls while on another person’s or business’ property due to a dangerous condition. Most slip, trip, and fall accidents occur in public places like malls, parks, and businesses.
Product Liability Accidents
When you are injured because a product was defective, malfunctioned, or lacked a proper warning on the product. Products include household appliances, business equipment, healthcare supplements, and food.
These claims arise from the negligent conduct of medical providers including doctors, dentists, nurses, therapists. Injuries are often caused by a misdiagnosis, incorrect prescriptions or medications, or surgical errors.
These claims occur when another person’s negligence or wrongdoing results in the death of another person. Car and truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of a defective or dangerous product may cause wrongful death. The victim’s family may bring a claim for the loss of their loved one.
How Can De Castroverde Law Group Help You With Your Personal Injury Case?
Our attorneys understand that every personal injury case is unique and complex. At De Castroverde Law Group, we handle each case with professionalism, extensive knowledge of Nevada personal injury law, and dedication. Regardless of your type of personal injury, our experienced accident and injury lawyers handle every step of your personal injury claim process, including:
- Helping you understand your legal rights, options, and maximizing your damages.
- Handling all correspondence with insurance companies and their lawyers.
- Filing your claim with an insurance company and/or the court.
- Obtaining necessary evidence for the case.
- Negotiating settlements with insurance companies and their lawyers.
- Getting you compensation for medical expenses, pain and suffering, lost wages, and other damages associated with your personal injury claim.
Contact De Castroverde Law Group today to learn how we can help you with your personal injury case. We are available 24 hours a day and seven days a week to answer your questions and help you get compensation for your personal injury case. Our bilingual, knowledgeable, and dedicated team of legal professionals and support staff have provided high-quality, aggressive, and dependable personal injury law representation to Las Vegas, Henderson, Reno, and Summerlin residents since 2005, and we’re happy to serve you.