Robust Personal Injury Firm Dedicated to Serving Boulder City Injury Victims
- Car accidents
- Bad faith insurance claims
- Premises liability cases
- Workers’ Compensation
- Trucking accidents
- Nursing home abuse cases
- Defective products, devices, and medications
- Motorcycle accidents
- Uninsured and underinsured motorist claims
- Wrongful death claims
Keeping Modified Comparative Negligence in Mind
Broadly speaking, the goal of most U.S. legal proceedings is to acknowledge wrongdoing and rectify it by punishing the party at fault (defendant). Now, for personal injury claims, the “punishment” in question is a monetary settlement to be paid to the claimant (plaintiff), not a criminal charge or prison sentence. The defendant in a personal injury case can be an individual, an insurance company, a business, or even a government entity.
There are some concepts that are recognized across the country, but for the most part, personal injury litigation is just like all other fields of law in that it differs from state to state. This is one of the biggest reasons why claimants should seek qualified legal counsel, so that there are no discrepancies as far as compliance or argument. Perhaps the most important rule to remember for Nevada state courts is referred to as modified comparative negligence.
Simply put, modified comparative negligence means that all parties may be found at least partially liable, not just the defendant. To give an example, let’s say that Jim is injured in an accident by John. Jim sues John, and the court decides to award Jim $10,000 in damages; however, the fault is distributed 75-25. Since Jim was found to be 25 percent liable, his settlement will be reduced by the same amount (25 percent), and would come out to $7,500. Claimants should note that any party with 50 percent or more of the blame will not receive any compensation.
The Types of Damages That Accident Victims May Be Eligible For
The goal of every personal injury suit–at least for the plaintiff–is to obtain a favorable settlement that compensates you for the physical and psychological injuries you’ve sustained. Therefore, we want to reiterate the importance of hiring an experienced attorney, so that you recover the most money possible. Studies show that, on average, claimants who hire attorneys will recoup over three times as much as those who do not.
The primary form of compensation in personal injury cases are known as compensatory damages. They will usually include the following:
- Medical costs
- Property damage
- Lost wages, damage to future earnings
- Loss of enjoyment
- Pain and suffering
- Loss of companionship
On very rare occasions, we may also be able to recover what are known as punitive damages. These are high fines that are meant to “make an example” of someone for especially egregious or negligent actions. Most of the time, these damages are levied against those who have injured or even killed numerous people as a result of their behavior. Only about 5 percent of defendants will be charged with punitive damages.
Let us help you!
Contact the Most Experienced Firm in Boulder City
Why Should You Hire a Personal Injury Attorney?
How Long Can a Personal Injury Case Take?
What You Should Know If You Were Involved in a Parking Lot Crash?