The Most Trusted Personal Injury Attorneys for Boulder City Locals
- Fire cases
- Trucking accidents
- Car accidents
- Fire cases
- Premises liability cases (slip and falls, etc.)
- Uninsured and underinsured motorist accidents
- Defective products, medical devices, and medications
- Motorcycle accidents
- Bad faith insurance claims
- Workers’ Compensation
- Nursing home or elder abuse
- Wrongful death cases
Things to Keep in Mind for Boulder City Cases
Occasionally, personal injury litigation as a whole is referred to as “restorative justice,” meaning that it attempts to rectify an injustice by forcing the guilty party to pay compensation for the injuries that resulted from said injustice. As is the case with almost all legal matters, the specific guidelines for personal injury cases are different depending on the state. That is why it is of critical importance to always hire an attorney who is licensed to practice in your jurisdiction, so that there are no errors in compliance or argument. For Boulder City claimants, the most important rule to remember is known in Nevada as modified comparative negligence.
In broad terms, modified comparative negligence makes it so that every party on either side of proceedings can receive a portion of the fault, so long as the percentage totals equal 100 in the end. Let’s say, for example, that Bob and Jill are suing Dave for damages after getting in a car accident. Instead of simply saying yes or no as to Dave’s guiltiness, the courts could also assign blame to both Bob and Jill in any combination, such as 65 percent to Dave, 20 percent to Bob, and the remaining 15 percent to Jill. Any fault that is assigned to you is taken from your end settlement by the same percentage (30 percent fault would reduce settlement by 30 percent). Anyone with over 50 percent of the fault cannot recover any compensation.
Compensatory and Punitive Damages in Nevada
Although it is definitely possible for a personal injury case to run concurrently with a criminal case (such as a drunk driving or wrongful death claim), personal injury claims are concerned with whether the plaintiff will be awarded damages. Legally, then, it is the plaintiff’s responsibility to prove that the defendant acted wrongfully and that they should pay damages as a result. This is no small task, and if you don’t hire a qualified attorney, you will almost certainly settle for less than you deserve.
Damages are divided into two categories, compensatory and punitive. Compensatory damages are by far the most common, as they pertain to the physical and psychological injuries that one has incurred. They typically include:
- Medical costs
- Property damage
- Lost wages, damage to future earnings
- Loss of enjoyment
- Pain and suffering
- Loss of companionship
Punitive damages, by comparison, are far more rare– less than 10 percent of cases will even debate them. They are reserved for the most extreme cases with terrible consequences, such as multiple deaths, serious illnesses and disabilities, etc. Oftentimes, the financial ability of the defendant will be taken into account, as wealthier individuals and businesses are more likely to be hit with these steep fines.
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