If you are injured in an accident due to someone else’s carelessness or negligence, the law gives you the right to compensation for your damages. The purpose of damages is to make you “whole.” The law cannot go back in time and stop the car accident. The best the law can do is to give you money to make up for the harms and losses you have suffered. Understanding what compensation you may be entitled to and what your injuries are worth is important when you are considering a Las Vegas personal injury case.
Can I Recover Out of Pocket Expenses After a Car Accident?
Yes, you are entitled to recover any damages you can prove were caused by the car accident, including out of pocket expenses. In Las Vegas, a plaintiff injured in a car accident is entitled to recover for all medical bills caused by the car crash, as long as the billing and treatment were reasonable.
You can also recover for other out of pocket costs when you are hurt in an accident such as car repair costs, rental car, Uber, Lyft, taxi, gas mileage for traveling to the doctor or special purchases you made because of your injuries (such as knee brace, elbow brace, chair, crutches, therapy bands and prescriptions).
Additionally, you would be able to recover for any items destroyed in the car accident. For example, if you had a computer in your car that broke, you could recover for those damages.
Do I Get Paid If I Miss Work After an Accident?
Yes, you are entitled to be reimbursed for any time you miss from work due to the car accident. To prove this, you may need records from your employer, a note from a doctor, or tax returns. You can also recover for any future missed work if, for example, you need back surgery and will miss additional time recovering. Learn more about how missing work can affect your compensation.
What If I Can’t Do My Job After an Accident?
Car accidents can leave people physically or mentally unable to do the job that they used to do. For example, a construction worker with a back injury may not be able to do construction after a car accident. An accountant that suffers a brain injury may not be able to continue working as an accountant.
In these types of cases, you can recover for the difference in income between what you were earning and what you can earn now. An expert is usually required in cases like this to determine someone’s earning capacity after a debilitating accident.
How Much Is My Pain and Suffering Worth?
In addition to out-of-pocket costs, you are entitled to compensation for pain and suffering. This compensates you for physical discomfort and the emotional toll caused by the injury. Nevada also allows you to recover hedonic damages, which compensate for the loss of enjoyment of life. For example, if there are activities you can no longer enjoy or that you now do in pain, this could be included in your claim. Learn more about pain and suffering compensation from a Las Vegas personal injury attorney.
Can I Recover for Emotional Distress After an Accident?
It is common to suffer from some emotional distress after an accident, even if the accident was minor. Emotional distress could include loss of sleep, anxiety or fear that may be interfering with your daily life. You do not need to be diagnosed by a professional to recover for some emotional distress. You simply need to prove how you suffered. This is typically done by testimony from you or others who have seen your distress.
Other people may have more severe distress after an accident, including post traumatic stress disorder (PTSD). You can also recover for emotional distress if you need to see a psychologist or psychiatrist after a car accident.
Can I Recover If a Car Accident Affects My Marriage?
If the car accident has had a negative impact on your marriage, relationships or family, you could be eligible for loss of consortium benefits. Many people choose not to pursue this type of damage because it allows the insurance company to ask very personal questions about your relationships before the accident.
Punitive Damages
In some cases, a judge may order the person who caused the accident to pay punitive damages. Punitive damages are meant to do more than put you back to where you were before the accident. Punitive damages are meant to punish the person who hit you for extremely reckless or intentional behavior, such as drunk driving. One of the best Las Vegas personal injury lawyers can discuss whether or not you can recover damages to punish a drunk driver in a DUI car accident.
Can I Recover If I Was Partially At Fault For the Car Accident?
Your actions can also have an impact on any damages awarded. In Nevada, if are partially at fault for the Las Vegas car accident, the Court will reduce your damage recovery. For example, if you are 10 percent at fault and your damages are $100,000, you will only collect $90,000. If you are more than 50% at fault, you cannot recover any damages. It is important to speak to a top Las Vegas car accident lawyer if you are in a car accident where there is a fight about who is at fault.
If you have been injured in a car accident, it is critical that you speak to a Las Vegas personal injury attorney as soon as possible. Hiring an attorney does not mean you plan to sue. A top Las Vegas personal injury lawyer can often resolve cases with the insurance company without having to file a lawsuit. Call us The Schnitzer Law Firm today to set up a no obligation consultation to discuss what your is worth.