Risks surround us in life. Sometimes, a serious personal injury can occur. Sometimes the injury could result from someone’s simple mistake, but sometimes it may be due to recklessness or negligence. In these cases, you can seek compensation for your injuries by filing a personal injury claim.
The law attempts to balance the rights of victims and those who may cause the accident. Personal injury cases come with time limits and limits on the amounts you can recover. It’s essential to know these restrictions going in, and the De Castroverde Law Group team can help set the proper expectations for your claim.
Time Limits on Personal Injury Cases in Nevada
Many laws have a statute of limitations. Lawsuits under these laws must adhere to filings within a prescribed time. Time limits can vary, depending on the facts of a case and the types of law involved. A judge will likely dismiss your case if you try to file a claim after the statute of limitations expires.
As a general matter, personal injury lawsuits have a two-year statute of limitations. You must file within the two years after the incident involved. If you cannot do so, the court will likely dismiss your claim. This excerpt from the Nevada Revised Statutes explains the various Nevada statutes of limitations.
However, depending on the type of claim, you might face other time limits. For example, medical malpractice claims, a form of personal injury, must be filed within two years after a person discovers an injury allegedly at the hands of a medical professional or four years after the underlying procedure. You must report injuries resulting from defective construction or improvements within 10 years of completion for construction or improvements.
Consulting with legal counsel is one of the best ways to stay on top of time limits in personal injury cases. The personal injury team at De Castroverde Law Group will advise you about your rights and alert you to any time-limit challenges you may face.
Caps on Compensation in Personal Injury Cases
Nevada law also limits the amount of compensation you can receive from your personal injury lawsuit. But again, every case has a distinct set of facts, and Nevada law recognizes that some actions are worse than others and deserve more substantial awards for damages. The purpose of capping damages is to allow victims to recover a reasonable amount of pain and suffering without potentially bankrupting the person or organization at fault.
These caps apply if someone seeks punitive damages for actions that some may consider brazen or outrageous. Punitive damages are those connected with punishments. In contrast, compensatory damages cover actual, measurable financial losses from your injuries, such as your medical costs or lost wages from being out of work.
In general, punitive damages in Nevada are capped at around three times the amount of compensatory damages if the figure exceeds $100,000. For example, if your compensatory damages carry a $200,000 value, you can seek punitive damages of $600,000.
If, however, compensatory damages are less than $100,000, then punitive damages are limited to three times the amount, or $300,000. Someone who has compensatory damages of $50,000, for example, may sue for punitive damages at a maximum of $150,000.
Nevada Revised Statute 42.005 lays out the injury cap limits across the span of cases addressed by the Nevada legislature. As with time limits, De Castroverde Law Group attorneys can help assess your case and develop a strategy for getting the maximum amount of compensation allowed under Nevada law. If the facts support your claim, we will seek the maximum amount allowed.
Exceptions to Personal Injury Caps
Depending on the facts of your case, compensation caps may or may not apply to you. For example, under the terms of Nevada Revised Statute 42.010, someone injured by a drunk or drugged driver seeking compensation for injuries may seek unrestricted damages as a way of punishing or sending a message to the driver.
Other Damage Caps
Nevada lawmakers have instituted several different types of damage caps involving various cases. For example, under Nevada Revised Statute 41A.035, medical malpractice claims — involving injuries when a medical professional fails to live up to a certain standard of care — may not exceed $350,000.
The law also caps damages in certain instances involving elected or public officials if their actions were in the course of carrying out their duties. Depending on the circumstances, your recovery may be limited to $100,000.
Finally, owners of certain types of public land also face protections against significant judgments stemming from incidents involving recreational activities. They cannot receive orders to pay more than $100,000 because of a personal injury lawsuit.
As you can see, the number of potential situations is quite large. De Castroverde Law Group can help you understand the complexities of damage caps in Nevada.
Consult with the Personal Injury Attorneys at De Castroverde Law Group
Nevada law allows those who suffer personal injuries in an accident or some other fashion the opportunity to seek compensation in a court of law. But the process is not open-ended — it includes strict time limits and caps on the amount you can receive. The process is confusing at times, even for people well-versed in the law.
Allow the personal injury attorneys at De Castroverde Law Group to help you if you have suffered a personal injury and don’t know what you should do next. We are a personal injury, criminal law, and immigration law firm based in Las Vegas, Nevada, serving clients in state and federal court. De Castroverde Law Group comprises over 15 attorneys and 30 professional staff who work tirelessly to counsel clients who seek our legal advice.
Our personal injury practice deals with motor vehicle accidents, slip-and-fall cases, wrongful death, medical malpractice, and many other potentially devastating situations. Call us for immediate consultation, and we will review your case. You can also contact us online. Let us help you get the compensation you deserve from your personal injury lawsuit.