Battle Born Injury Lawyers | December 29, 2022 | Personal Injury
A personal injury claim arises when another party causes you harm because of negligence, an intentional tort, or strict liability. As the personal injury victim, you have the burden of proving the other party caused your injury before you can recover compensation for damages.
Our Las Vegas personal injury lawyers answer many questions when meeting with clients, as we offer free consultations to discuss their cases. As a result, we receive questions about several myths about personal injury settlements and cases. Below are some of the most common personal injury myths we hear.
Personal Injury Myth Number 1: Being Partially To Blame for an Accident Means You Cannot Recover Compensation for Injuries
The District of Columbia and four states bar accident victims from receiving any money for damages if they are partially at fault for their injury. All other states have comparative negligence or contributory fault laws that allow injured parties to receive some money for their damages.
Some states have pure comparative fault laws that allow victims to recover compensation for damages even when they are mostly at fault. However, Nevada adopted a modified comparative fault law with a 51% bar.
Under Nevada’s contributory fault law, a plaintiff cannot recover any compensation for a personal injury claim if they are 51% or more at fault for the cause of their injury. Therefore, if a jury finds you were 55% to blame for the case of your car accident, you cannot receive any money for damages.
As an example, suppose the jury decides you were 35% at fault for the car crash and awards you $300,000 for damages. You would receive $195,000 for damages in that case because the court reduces your compensation by your percentage of fault.
Personal Injury Myth Number 2: Nevada Does Not Cap Damages in Personal Injury Cases
Nevada places caps on some types of damages in personal injury cases.
- Medical bills
- Occupational and physical therapy
- Lost wages
- Property damage
- Nursing care
- Assistance with personal care and household chores
- Travel expenses
- Loss of earning potential
Nevada does not cap damages for non-economic damages, except in medical malpractice cases. Non-economic damages compensate you for your pain and suffering, permanent impairments, and loss of quality of life.
In medical malpractice cases, non-economic damages are capped at $350,000.
Nevada also caps punitive damages in most personal injury cases. The cap is $300,000 if compensatory damages are less than $100,000 or three times the amount of compensatory damages of $100,000 or more. The cap does not apply in cases involving:
- Defective products sold in Nevada
- Bad faith insurance claims
- Some cases involving discriminatory housing practices
- Violations of civil defamation laws
- Injuries and damages caused by disposing or spilling hazardous materials or waste
- Car accidents caused by an impaired driver
There are also caps on the amount of money you can receive for damages in cases against government employees for negligence.
Personal Injury Myth Number 3: Accident Victims Always Receive Large Settlement Amounts
Personal injury settlements are based on the facts of the case. Many factors impact how much a personal injury case is worth. Examples of factors that affect how much money you receive when you sign a settlement agreement include:
- The type of injuries you sustained and the severity of those injuries
- The strength of your evidence proving causation and fault
- Whether you were partially to blame for causing your injury
- The total of your economic damages
- The duration of your recovery
- Whether you can return to work
- How you appear before and after the accident
- Whether you sustained a disabling condition or permanent impairment
- How the injury impacts your daily life and activities
The willingness of the insurance company to negotiate a fair settlement can also impact how much your claim is worth. Your statements and actions following the accident are also factors.
For example, delays in medical care can result in allegations of failure to mitigate damages. If you talk to an insurance adjuster before a lawyer, you might say something the company can intentionally misinterpret to deny or undervalue your claim.
Personal Injury Myth Number 4: You Receive Less Money if Your Case Goes to Court
Again, the facts and circumstances of the case determine what happens in the courtroom. Also, the jurors decide the case, not the parties to the case.
A small number of personal injury cases go to trial. The outcome depends on many factors. While going to court can be risky, more costly, and take longer, it is sometimes necessary to protect the party’s best interest.
An experienced and skilled Las Vegas personal injury attorney carefully analyzes your case and weighs all options. Then, the lawyer discusses the pros and cons of settlement vs. trial to help you decide what you want to do.
Personal Injury Myth Number 5: It Costs Too Much To Hire a Las Vegas Personal Injury Lawyer
Insurance companies like this personal injury myth because it discourages people from seeking legal advice. Many people assume they must pay thousands of dollars to hire a personal injury lawyer in Las Vegas. However, that is not true.
At Battle Born Injury Lawyers, we accept personal injury cases based on a contingency fee. What does that mean for you?
You do not pay attorneys’ fees to our law firm when you retain us. Instead, we get paid when we recover money for your personal injury claim.
Contingency fees allow injured victims to even the playing field with insurance companies. These companies have unlimited resources and staff to fight claims. When you hire a personal injury law firm, you benefit from that firm’s considerable resources, experience, and skills.
Do You Have Questions About a Personal Injury Case in Las Vegas?
There are many myths about personal injury cases. Fortunately, most people who are in an accident or sustain an injury have never had to file a claim before now. Therefore, it is common to have questions and concerns.
Another myth is that it costs money to obtain legal advice. While that might be true about some legal practices, most personal injury firms offer free consultations. It does not cost you anything to meet with a lawyer to get legal advice and answers to your questions.
Contact the Las Vegas Personal Injury 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 personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.