In Nevada, there is no cap on pain and suffering damages.
Las Vegas, NV – The trucking industry is vital for the economy in Nevada, yet, the ever-increasing number of large commercial vehicles on the roads poses great risks. Each year, thousands of people are injured in truck accidents and it is mostly the occupants of regular cars that suffer the most.
If you were recently involved in such a crash, you should reach out to experienced Las Vegas truck accident lawyers to help you prepare your personal injury claim.
There are several reasons you should do that right away. First of all, you don’t want to deal with an insurance adjuster on your own, especially if you have sustained severe injuries and have a lot of damages to recover.
At the same time, you will need seasoned Nevada truck accident lawyers to investigate the crash to determine who may be liable for damages. In a truck accident, you can have more than one liable party, which is actually good for you as you have more sources to recover the money you are entitled to.
What types of damages can you recover for a truck accident?
Once your lawyers have established who can be held accountable for your damages, you can file a personal injury claim with their insurer. In many cases, you will file a claim with the trucker’s insurance company. However, if your truck accidents lawyers discover that the trucking company is also partly to blame for what happened, you can file a claim with their insurer
You are entitled to compensatory damages, which are of two types:
This type of damages covers your medical expenses (past and future), the cost of repairing or replacing your car, and your lost wages. You should wait until you are fully recovered before filing your claim. If you are left with a disability, you should be compensated for your lost earning capacity for the remaining years till retirement age.
These are meant to compensate you for your pain and suffering, both physical and mental. You can seek compensation for loss of enjoyment of life or loss of companionship if your injuries do not allow you to engage in normal activities (including sex) or your hobbies. If you’ve been suffering from insomnia, anxiety, or depression since the accident you can get damages for that, too.
Your lawyers can describe your current situation, but you can also submit medical records showing that you needed to see a mental health professional after the accident.
Medical experts can also be called to talk about the severity of your injuries, the kind of pain they typically cause, and your recovery prospects.
In Nevada, there is no cap on pain and suffering damages. However, insurance companies use the multiplier method to calculate non-economic damages. The value of your economic damages is multiplied by a factor between 1 and 5. The more severe your injuries the higher the multiplier will be.
Can you get punitive damages for a truck accident?
You will have to file a lawsuit to get punitive damages. These damages are meant to punish wrongdoers or set an example and deter others from behaving similarly. In a truck accident lawsuit, your lawyers will have to show that the trucker’s actions demonstrate “conscious disregard” for the rights and safety of other road users.
For instance, if the truck driver had a high blood alcohol content, the judge may be inclined to award significant punitive damages.
Under Nevada law, punitive damages are capped at $300,000 if the compensatory damages are less than $100,000, or three times the amount of compensatory damages if they total more than $100,000.