Injured in a Nevada car accident? How to bring a lawsuit

Nevada law permits people in car accidents to recover damages from another party if someone else was negligent or reckless.

The law applies whether the injured party was a driver or a passenger. If a driver in another car was negligent, or someone was injured while in a car driven by someone who was negligent, the injured party may be entitled to payment of damages for:

Medical bills,
Lost wages,
Lost earning capacity,
Physical and/or occupational therapy,
Pain and suffering, and
Court costs.

Las Vegas has some of the most dangerous drivers in the nation. According to a recent report by Allstate Insurance, Las Vegas drivers are 21% more likely to have a collision than the national average.

If you were injured in a car accident in Las Vegas, it may seem as if you can handle the claim yourself.

But insurance company adjusters have one goal and one goal only: deny your claim or pay you less than you deserve.

They know that if they deny and delay long enough, chances are you will just go away – or accept far less than your claim is worth.

Our caring Las Vegas personal injury lawyers know all the insurance companies’ tricks. We can help you get the compensation that Nevada’s car accident laws entitle you to.

To help you better understand Nevada’s auto accidents laws, our Nevada personal injury lawyers discuss the following, below:

Pedestrians injured from a car accident in Nevada may wish to refer to our article Pedestrians Knockdown personal injury cases. Also see our articles on rear-end collisions in Nevada, car rental accident attorneys in Nevada and tire defects in Nevada.

1. How are Nevada car accident damages calculated?

Under Nevada auto accident laws, negligent drivers are responsible for damages caused by their careless or reckless driving.

Compensatory damages are the total of your out-of-pocket costs to date as well as costs you are reasonably certain to have in the future. They can include medical costs (such as doctor’s bills, x-rays, and physical therapy), property damages, and amounts you lost or are reasonably certain to lose because of your inability to work.

It may be tempting to accept the first settlement offer a car insurance company makes.

But remember: one of the conditions of accepting a settlement offer in Nevada is that you waive your right to make any future claims for damages — even if you didn’t know about them.

Soft tissue injuries are not always apparent right away. So that $1,000 settlement offer that seems like a good deal today may prove inadequate tomorrow.

Our experienced Nevada car accident lawyers can evaluate your case and help you balance your immediate needs with your long-term interests.

2. Can I get punitive damages in a Nevada car accident case?

Nevada law permits a court to award “punitive” damages in a Las Vegas car accident case.

Punitive damages are different than “compensatory” damages to make you whole for losses such as lost wages and medical bills. They exist both to punish the defendant’s bad behavior and to discourage others from behaving similarly.

In general, punitive damages in Nevada may not exceed:

$300,000 (if the amount of compensatory damages awarded is less than $100,000), or
Three times the amount of compensatory damages (if the amount awarded is $100,000 or more).¹

However, these limits do not apply when the accident was caused by a driver who was drunk or stoned due to the willful consumption of alcohol and/or drugs (even prescription ones).²

See our related article on suing DUI drivers following an accident in Nevada.

two drivers whose cars have just crashed into each other

The at-fault driver in car accidents is civilly liable.

3. How do I prove damages in a Las Vegas car accident case?

Our Nevada car accident lawyers will work with your doctors to make sure that your injuries are properly documented. We will go through witness statements and police and investigator reports to find the evidence that supports your claims.

Then we will present the most compelling case possible to the insurance adjuster. Just knowing you are willing to fight back is often enough to make the insurance company properly evaluate your claim.

And if your case goes to trial, we will present evidence including:

Official accident reports,
Photographs and/or video footage of the accident or its aftermath,
Medical records, including x-rays and notes of treating doctors and therapists,
Doctor and therapist testimony,
Testimony of eyewitnesses to the accident,
Testimony of friends and families to show how the accident has affected your life and well-being,
Documents and testimony showing lost wages (such as pay stubs and employer testimony), and
If necessary, testimony by vocational experts or economic experts to show how the accident has resulted in lost earning capacity.

Even if the defendant claims low-impact defense (that the crash was too minor to have caused the plaintiff’s injuries), it is often still possible to prove liability by employing such experts as an accident reconstruction specialist and a biomechanical engineer.

4. What if I was partially to blame for the accident?

Nevada adheres to a “comparative negligence” standard. This means you do not have to be completely faultless to recover in a car accident / personal injury case.

As long as the other party was even slightly more at fault than you were, the damages can be apportioned.

For example, let’s say your award would have been $100,000 if the other party was 100% to blame for the accident. If the jury were to determine that the other driver was 60% at fault and you were 40% to blame, your recovery would be reduced to $60,000.

We can sift through Nevada’s car accident laws to help you determine whether there is a possibility of recovery when you are partly responsible for an accident.

See our related article on Nevada crosswalk laws and lawsuits.

5. What are common car accident causes in Nevada?

Sometimes weather and other environmental factors cause an automobile collision. But in most cases, driver error is the culprit.

Common causes of car accidents in Clark County include (but are not limited to):

Neglecting to yield right of way,
Driving improperly,
Following too closely,
Neglecting to stay in lane,
Speeding,
Alcohol and/or drug consumption, or
Distracted driving.

In many cases, the cause of an accident is not immediately evident. A skilled Las Vegas personal injury attorney will investigate the circumstances surrounding the accident — including weather, road conditions, whether signage was properly displayed, and the state of repair of the cars involved.

6. Related Types of Injuries

The same rules that apply to car accidents also apply to Nevada truck accidents, Nevada motorcycle accidents, and Nevada bus accidents. In each of these cases, we will look for physical and photographic evidence as well as witnesses who can help your case.

In the case of drivers of commercial vehicles we will also make sure we understand who owns and insures the vehicle, including any parent companies that might be liable. We leave no stone unturned in our efforts to make sure you receive ALL the compensation to which you are entitled.

Our Las Vegas product liability lawyers also represent people who were injured because of a manufacturing defect in their or someone else’s vehicle.

Injured in a Clark County car accident? Call us for help…

If you or someone you care about was injured in a Nevada car accident, our Las Vegas car accident attorneys may be able to get you compensation.

For a free consultation to discuss your case simply fill out the form below or call us. (For cases in California or Colorado, please visit our pages on California car accident lawyers and Colorado car accident lawyers).

The statute of limitations in Nevada personal injury cases can be as short as two (2) years, so be sure to contact us right away to start working on your case.

You may also wish to review our articles, 10 Critical Steps to Take After a Nevada Car Accident, Nevada bicycle safety laws, Las Vegas drunk driving accident attorneys, and Nevada Lemon Law – 5 Things Consumers Need to Know.

Legal references:

NRS 42.005. See also Rodriguez v. Primadonna Co., (2009) 125 Nev. 578, 216 P.3d 793. See also Elliott v. Mallory Elec. Corp. (1977) 93 Nev. 580.
NRS 42.010.

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