The Highest Quality Personal Injury Firm in Centennial Hills
- Car accidents
- Motorcycle and bike accidents
- Wrongful death claims
- Trucking accidents
- Defective products, devices, and medications
- Premises liability claims
- Workers’ Compensation
- Uninsured and underinsured motorist claims
- Nursing home abuse claims
- Bad faith insurance claims
Keeping Modified Comparative Negligence in Mind
Personal injury cases are no different from a lot of legal proceedings, in that they seek to correct an injustice or wrongdoing by punishing the defendant; however, unlike criminal cases, personal injury claims are civil cases, meaning that the punishment in question is a monetary settlement that is paid to the plaintiff. There are numerous entities that may be named as a defendant, ranging from individual people to corporations and insurance companies.
There are some broad concepts and ideas that are generally accepted nationwide, but for the most part, every state has its own doctrine and interpretations. This is why you should always seek the help of an attorney that is licensed and experienced in handling cases in your jurisdiction–without one, you will likely make an error in fact or argument, especially if you’re up against experienced defense counsel (which you will be). Perhaps the biggest rule to remember for personal injury cases in Nevada is known as modified comparative negligence.
While it may sound complicated, modified comparative negligence simply means that everyone involved in the case on either side may be found liable, assigned in percentages that add up to 100. So, hypothetically, if there are a total of 4 parties involved, each party could be assigned 25 percent, or any other combination, such as 60-25-10-5, 30-30-30-10, etc. The other thing to keep in mind is that any party who is deemed to be 50 percent or more at fault is ineligible to receive compensation at all.
The Various Forms of Compensation Available to Nevada Claimants
As mentioned previously, personal injury cases will revolve around financial compensation. There are many different kinds of compensation available to accident victims, and different cases will argue for different forms. The decision to hire a quality attorney, such as those with Van Law Firm, will pay off (no pun intended) when it comes to arguing for money. Without solid legal representation, you will undoubtedly settle for much less than you would have.
Generally speaking, damages are separated into two main categories: compensatory and punitive. You’ve likely heard of these, as they are the most common type. They will typically include the following:
- Medical costs
- Property damage
- Lost wages, damage to future earnings
- Loss of enjoyment
- Pain and suffering
- Loss of companionship
Conversely, punitive damages are much more rare, as only about 5 percent of cases will even debate them. Only the most egregious and horrific cases warrant these extremely steep fines, and they are usually calculated by multiplying the plaintiffs’ overall settlement by a number between 1.5 and 5. Usually, the defendant must have acted negligently to the point where a large number of people were harmed or even killed.
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