Battle Born Injury Lawyers | July 5, 2022 | Car Accidents
Proving Negligence for a Car Accident Claim in Las Vegas
Liability insurance pays accident victims for damages when a driver causes a car accident. The driver could be liable for damages that exceed the insurance policy limits.
However, before you can recover compensation for a car accident, you must prove the legal elements of negligence. Negligence is the failure to act with a reasonable level of care. You must prove the elements of negligence to establish fault and liability.
Negligence applies to all types of traffic accidents, including auto accidents and truck accidents.
The elements of a negligence claim are:
- Duty – The other driver owed you a duty of care to follow traffic laws and use reasonable care not to cause a collision.
- Breach of Duty – The other driver’s acts or omissions breached the duty of care, such as running a red light, texting while driving, or drunk driving.
- Causation – The other driver’s breach of duty was the proximate and direct cause of the accident.
- Damages – You sustained damages because of the breach of duty.
Damages can include physical injuries. Therefore, if you are hurt in an accident, you sustained damages. However, physical injuries are not the only type of damage. For example, you could also experience emotional distress after a car accident.
Suing for Emotional Distress After a Car Accident Without Physical Injuries
A car crash can cause severe emotional distress and trauma. Emotional injuries can cause debilitating fear, anxiety, and depression. A person could experience emotional distress without sustaining a severe physical injury.
In Nevada, you can sue for the negligent infliction of emotional distress after a car accident. Generally, emotional distress results from a physical injury sustained in a car crash.
However, there are some cases in which a person might not sustain a physical injury by the trauma of the car wreck is so severe it causes physical symptoms of emotional distress. In that case, you might recover compensation without sustaining physical injury.
These cases can be more challenging to pursue. An experienced Las Vegas car accident lawyer can review your case during a free consultation. The attorney can explain your legal options for recovering compensation from the other driver.
What Damages Can I Recover for a Car Accident Claim in Las Vegas?
Examples of the types of damages you could receive for a personal injury claim include:
- Cost of past and future medical care
- Past and future lost wages and benefits
- Permanent impairments and disabilities
- Scarring and disfigurement
- Diminished earning capacity
- Personal and nursing care
- Out-of-pocket expenses
- Mental anguish and emotional distress
- Decrease in quality of life
In a few cases, the court could award punitive damages. However, these damages are only awarded in a few cases to punish a defendant for grossly negligent conduct.
The value of your car accident depends on the amount of financial losses, the severity of your injuries, and other factors.
What Should I Do After a Car Accident in Las Vegas?
- Call 911 to report the accident. The emergency operator dispatches EMS and police officers to the accident scene.
- Make a video and take photographs of the accident scene, if it is safe to do so. Ask bystanders and witnesses for their contact information. Remember, do not admit fault or apologize for the accident.
- Seek medical attention for your injuries. Even minor car accidents can result in injuries.
It is always best to be checked by a physician as soon as possible after a car crash. Delays in medical care could hurt your case.
For example, the insurance company could claim that you failed to mitigate damages. Injured parties have a duty to take reasonable steps to avoid causing unnecessary losses and damages. The insurance company might claim that the crash did not cause your injuries since you waited so long to see a doctor.
Therefore, if you do not go to the emergency room after a car wreck, you might consider visiting your family doctor. You want to ensure you are not suffering from injuries that are difficult to recognize in the aftermath of a car accident.
- Reaching out to a reputable car accident attorney is also a good idea. An attorney can guide you in real-time on what you should do next and can help ensure that you maximize your chances for compensation from the at-fault party.
Contact the Las Vegas Car Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our car accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA