Have you been injured in an auto accident, a slip and fall, by medical malpractice, or another personal injury incident? If so, you could be entitled to compensation for your damages.
However, answering the question, “How much is my personal injury case worth” can be difficult. Many factors impact the value of damages in a personal injury claim.
Determining how much an accident case is worth is easier when you seek legal advice from a Las Vegas personal injury lawyer. Contact Battle Born Injury Lawyers if you need assistance with your case.
Factors That Impact the Value of a Personal Injury Case
An experienced personal injury lawyer will fight to get you the best possible settlement or verdict in your case. They’ll do so by taking steps to maximize the factors that could increase the value of your claim while working to minimize factors that hurt your case.
Important factors that can affect how much money you receive for your personal injury case include:
- The severity and type of injuries you sustained
- Whether your injuries affect your ability to work
- The cost of the medical care you received
- The duration of your medical treatment and recovery
- Whether you have pre-existing conditions or prior injuries
- The amount of property damage sustained
- Whether you sustained permanent injuries or disabilities
- The availability of insurance coverage
- The strength of the evidence proving fault and liability
- Your level of liability for the cause of your injury
- The parties involved in your case
- The willingness of the insurance company and other parties to negotiate a fair settlement
Settlement amounts for personal injury claims depend on the facts and circumstances of the cases. Your lawyer will aggressively negotiate with insurance companies for top dollar settlements on your behalf. In addition, they’ll work with medical specialists, financial professionals, and other experts to assign correct values to your damages when necessary.
What Types of Damages Can I Recover in My Las Vegas Personal Injury Case?
Injured victims can recover compensation for their compensatory damages, which include financial losses and pain & suffering. In addition, they might also be entitled to exemplary damages known as punitive damages.
Generally, personal injury claims include compensation for your financial losses or economic damages. These damages include:
- Medical bills
- Lost wages
- Out-of-pocket expenses
- Personal care
- Help with household chores
- In-home nursing care
- Physical, occupational, and other therapies
The value of these damages is the actual cost of the medical expense or monetary loss. Insurance companies may argue whether the expense was reasonable and necessary. In response, you or your attorney can provide evidence supporting reimbursement for all monetary damages.
Additionally, you can receive compensation for your pain and suffering or non-economic damages. These damages include:
- Loss of enjoyment of life
- Physical pain and discomfort
- Decrease in quality of life
- Emotional distress
- Scarring and disfigurement
- Loss of consortium (claim filed by family members)
- Mental anguish
- Permanent disabilities and impairments
The value of non-economic damages is more difficult to calculate. There is no standard formula that gives the value of these damages. However, the multiplier method is the most common way to value pain and suffering.
A number between 1.5 and five represents the level of pain and suffering you experienced because of your injury. That number is multiplied by your financial damages to determine the value of your non-economic damages.
Many factors affect the number chosen as the multiplier. Generally, catastrophic injuries, permanent impairments, long recovery periods, and life-altering conditions increase the value of non-economic damages.
Some injured victims are entitled to punitive damages. These damages “punish” a defendant for conduct that is egregious.
Nevada Revised Statute §42.005 allows punitive damages when the defendant is guilty of malice, fraud, or oppression. Furthermore, NRS §42.010 allows punitive damages to punish drivers who cause DUI accidents.
Punitive damages are only allowed in a small percentage of personal injury cases. Your lawyer will carefully analyze your case to determine if it may qualify for punitive damages.
Are You Entitled to Future Damages?
You could be entitled to future damages if you sustain a permanent impairment or disability.
Future damages could include:
- Ongoing medical treatment
- Diminished earning capacity
- Future lost wages
- Continuing pain and suffering
- Diminished quality of life
- Long-term personal and nursing care
The severity of the impact on your daily life helps determine the value of future damages. To estimate the value of future damages, your attorney may hire experts to assist in the valuation. Experts can provide opinions and evidence to use during settlement negotiations and at trial.
How Does Comparative Negligence Impact the Value of a Nevada Personal Injury Claim?
Comparative fault is the legal theory that damages are assigned based on a party’s percentage of fault for the cause of an accident or injury. Nevada adopted a modified comparative negligence standard.
Nevada Revised Statute §41-141 bars an injury victim from receiving any compensation for damages if the victim’s level of negligence is greater than the negligence of the other parties in the case. In other words, if your percentage of fault is greater than 50%, you cannot receive money for your damages.
However, if your liability is less than the other parties, you can recover compensation for some of your damages. Your compensation is reduced by your percentage of fault.
For example, suppose a jury finds that you are 25% to blame for the cause of your injury. Your compensation is reduced by 25%. Therefore, if you were entitled to $400,000 for damages, you would only receive $300,000 (total damages less 25%).
How Do You Prove You Are Entitled to Compensation in a Personal Injury Claim?
Before you can hold a party responsible for your damages, you must prove liability. Most personal injury cases are based on negligence claims.
To prove negligence, you must have evidence demonstrating:
- The other party owed you a legal duty of care
- The party breached that duty of care through their actions or failure to act
- The breach of duty is the direct and proximate cause of your injuries
- You sustained damages because of the party’s breach of duty
Other personal injury cases might have additional legal elements to prove liability for damages. You have the burden of proving your case by a preponderance of the evidence. That means there is more than a 50% chance that the defendant is guilty of the allegations against them.
Hiring an experienced Las Vegas personal injury lawyer to handle the investigation and claim can improve your chance of proving the legal grounds necessary to win your case.
Schedule a Free Consultation With a Las Vegas Personal Injury Lawyer to Discuss What Your Case May Be Worth
You deserve a fair settlement for your personal injury claim. An experienced legal team will work to get you the maximum compensation for your damages. Contact an experienced Las Vegas personal injury attorney at Battle Born Injury Lawyers by calling (702) 570-9000 for a free consultation.