What Damages Can I Claim in a Personal Injury Case in Reno, NV?
If you’ve been injured due to someone else’s negligence in Reno, you may be entitled to compensation, known in legal terms as damages. These damages are designed to help you recover both financially and emotionally, covering everything from medical expenses to pain and suffering.
Understanding which damages apply to your case is essential for getting the full compensation you deserve.
Understanding Personal Injury Damages
What Are Compensatory Damages?
Compensatory damages are designed to restore what you’ve lost after an accident caused by another party’s negligence. They can include both direct financial costs and emotional and physical suffering.
Difference Between Special and General Damages
Personal injury law divides compensatory damages into special damages: financial losses and general damages (non-economic losses). Each plays a critical role in determining the total value of your personal injury case.
Common Examples of Special Damages
Special damages refer to your measurable financial losses. These often include:
- Medical bills and rehabilitation expenses
- Lost wages or future earning capacity
- Property damage (such as vehicle repairs)
- Out-of-pocket costs related to your injury
How to Prove Special Damages
These damages are relatively easy to document using:
- Medical records and invoices
- Pay stubs or employer statements showing lost income
- Receipts for property repairs or replacement
- Estimates of future medical care needs
If you can reasonably anticipate future medical expenses, you are entitled to additional compensation for those expected costs.
General Damages: Non-Economic Losses
Examples of General Damages
Unlike financial losses, general damages compensate for the emotional and physical toll an injury takes on your life. Common examples include:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of companionship or quality of life
How Are General Damages Calculated?
Juries may consider the severity of your injuries, your recovery time, and how the incident has impacted your daily life. While juries can award substantial sums to sympathetic victims, judges can adjust awards that seem excessive.
Additional Types of Damages You May Be Entitled To
Punitive Damages in Nevada
Punitive damages are not meant to compensate you but to punish the wrongdoer for especially reckless or intentional behavior. In Nevada, these are awarded only when the defendant’s conduct shows fraud, oppression, or malice.
Future Damages and Long-Term Care Costs
In cases involving severe injuries, you may need ongoing treatment or lifelong care. Nevada law allows victims to pursue compensation for anticipated medical expenses, rehabilitation, and loss of earning capacity.
Wrongful Death Damages
If an accident results in a fatality, surviving family members may file a wrongful death claim. These damages can include funeral expenses, loss of financial support, and emotional suffering related to the loss of a loved one.
Why You Need a Personal Injury Attorney in Reno
An experienced personal injury attorney in Reno, like Matt Dion, can evaluate your case, calculate the full extent of your damages, and negotiate effectively with insurance companies. With local expertise and a deep understanding of Nevada law, your attorney ensures you don’t leave compensation on the table.
FAQs About Personal Injury Damages in Reno, NV
What is the most common personal injury claim?
Car accidents and slip-and-fall incidents are the most common, but personal injury claims can arise from a variety of incidents. These cases often involve negligence leading to harm.
What is the statute of limitations for personal injury cases in Reno, NV?
As a claimant you must either have settled your personal injury claim or have filed a lawsuit within two years of the negligent act. To understand specific timelines for your situation, it’s best to consult with an experienced attorney, like Matt Dion.
How are damages calculated in personal injury cases?
Damages are calculated based on quantifiable financial losses (special damages), such as medical bills and lost income, and intangible losses (general damages), like pain and suffering, loss of quality of life, and loss of enjoyment of life.
What are the types of damages in a personal injury lawsuit?
Damages in personal injury lawsuits are divided into special damages, which cover financial losses, and general damages, which compensate for intangible losses. An experienced attorney can help you understand which damages apply to your case.
What is my personal injury case worth?
The worth of a personal injury case varies significantly based on the specifics, including the severity of the injury, the nature of negligence, and the types of damages claimed. Consulting with an attorney like Matt Dion can provide a more precise estimate.
Can I claim damages if I was partially at fault for the accident?
Under Nevada’s comparative negligence rule, you can still receive compensation as long as your share of fault is below 50%.
How long does it take to receive compensation?
The timeline varies depending on the complexity of your case, negotiations with insurers, and whether a lawsuit becomes necessary.
Do personal injury settlements cover emotional distress?
Emotional distress is a form of general damage and can be included in your compensation if supported by medical or psychological evidence.
What evidence do I need to support my damages claim?
Keep all medical records, receipts, accident reports, photos, and witness statements. These help your attorney build a strong, well-documented case.