Battle Born Injury Lawyers | March 22, 2024 | Personal Injury
Torts are acts or failures to act that can cause another person to be harmed or injured. These actions amount to a civil wrong. Nevada tort laws allow injured parties to use the courts to seek compensation for injuries and harm caused by another party.
Here are several types of tort actions you can bring to recover damages for a personal injury case. Two common tort claims include the tort of negligence and intentional torts.
What Is the Difference Between Proving Negligence and Intentional Torts in a Nevada Personal Injury Case?
Negligence and intentional torts are claims against another party for damages and harm they caused you. The claims seek compensation for your financial losses, physical injuries, and emotional distress.
Defining negligence and intentional torts is the best way to explain the difference between intentional torts and negligence torts in a personal injury claim.
Negligence Claims in Nevada Personal Injury Cases
Negligence occurs when a person fails to meet a duty of care owed to another person. The failure to meet the duty results in negligence because the person did not use reasonable care in executing their duty. Most personal injury claims are based on negligence.
An example would be an automobile accident. To prove negligence and recover damages for a Las Vegas car crash, you would need to prove the four elements of negligence:
- Duty of Care – All drivers have a general duty of care to use a reasonable standard of care when operating a motor vehicle, such as obeying traffic laws.
- Breach of Duty – The driver breached their duty of care by failing to act as carefully as they should have acted. For example, a driver exceeded the safe speed limit or drove while intoxicated.
- Causation – The driver’s failure to act reasonably must have directly and proximately caused the car crash. For example, the car accident would not have occurred had the driver used reasonable care in operating the vehicle.
- Damages – The driver’s breach of duty caused the victim harm and damages.
Other examples of personal injury claims based on negligence include, but are not limited to:
- Slip and fall accidents (premises liability)
- Bicycle and pedestrian accidents
- Medical malpractice
- Motorcycle accidents
- Workplace accidents
- Truck accidents
A person does not need to intend to injure someone to act negligently. Intent is the primary difference between intentional torts and negligent torts.
Intentional Tort Claims in Nevada Personal Injury Cases
An intentional tort occurs when a party acts on purpose to cause someone injury or harm. The party does not need to plan all of the consequences of their actions, but the intent behind their actions results in injuries and losses for a victim. Common examples of intentional torts are assault, battery, and false imprisonment.
However, some negligence claims could also have a component of intentional torts. For example, nursing home abuse can result in a negligence claim if the nursing home fails to maintain the premises in a safe condition, causing a slip and fall accident. However, if an employee abuses a patient, the abuse would likely be an intentional tort.
Likewise, most car accident claims are based on negligence. However, if a road rage driver rams your car because they are angry, the claim could fall under intentional torts instead.
Generally speaking, if someone intends to do something to you that could cause harm, their conduct could give rise to an intentional tort claim in Nevada.
What Types of Damages Are Available for Intentional Torts and Negligence Torts in Nevada?
Injured parties may seek compensation for all losses and harm caused by another party’s action. Economic damages represent the financial losses you incur because of the other party’s conduct. Examples of economic damages include:
- Medical bills and expenses
- Personal care and household services
- Lost wages and benefits
- Property damage
- Occupational, physical, and other rehabilitative therapies
- In-home and long-term nursing care
- Out-of-pocket expenses
- Reductions in future earning capacity
Injured victims also experience pain and suffering damages. The damages are not a direct financial loss, but are still compensable harm caused by the party’s actions. Examples of these non-economic damages include:
- Loss of enjoyment of life
- Physical pain and discomfort
- Impairments and disabilities
- Mental anguish
- Scarring and disfigurement
- Emotional distress
- Diminished quality of life
Sometimes, a jury may award punitive damages in a personal injury case. Punitive damages punish a defendant for conduct that rises to the level of malice, fraud, or oppression. Nonetheless, these damages are paid to the injured victim in the case.
The factors in your case determine how much your case is worth. The parties involved, proof of liability, and whether you could be partially to blame can impact the value of damages.
What Is the Deadline To File Claims for Negligence and Intentional Torts in Nevada?
The Nevada statute of limitations sets the deadlines for filing personal injury claims. When someone misses the deadline, the court can dismiss their lawsuit.
Most negligence and intentional tort personal injury cases have a two-year deadline for filing a claim. The time begins with the date of injury. In a wrongful death claim, the time begins on the day of the person’s death.
However, there are exceptions to the rule. Medical malpractice claims, for example, have unique rules. There are also exceptions for children who are injured by another party. Claims against the government and workers’ compensation claims also have different deadlines.
Because of the different deadlines to file claims, it is best to seek legal advice as soon as possible to avoid losing your right to file a lawsuit. It is also wise to talk with a Las Vegas injury lawyer about your case as soon as possible.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today
Personal injury claims can involve complicated matters that could make recovering fair compensation challenging. If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
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Las Vegas, NV 89101
(702) 357-4868
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Las Vegas, NV 89135
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Henderson, NV 89123
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