When you have been injured in an accident, even if there seems to be irrefutable evidence that the person who caused your injury is at fault, there are a few little-known laws that could impact your personal injury case. These laws are why it is critical to speak to an attorney soon after your accident to be sure your personal injury claim is not affected negatively.
After your accident, the other person’s insurance company or attorney will ask you questions about any pre-existing conditions. Although an injury lawyer in Las Vegas will tell you that the person who injured you is not responsible for compensation for previous conditions, you may be eligible for additional compensation if the condition was worsened by the accident. Someone who has a pre-existing condition is known as an “egg-shell” plaintiff. An egg-shell plaintiff can recover for all of the damages caused by a Las Vegas car accident even if a more healthy person would not have been injured.
The best Las Vegas personal injury attorneys will say that Nevada law uses the modified comparative negligence doctrine. This law says that liability is spread proportionally depending on fault. If you contributed in any way to your injury, your compensation will be reduced by what percentage you are deemed to be at fault. For example, if the courts determine that your actions contributed to 20 percent of your injury and the defendants actions 80 percent, a $100,000 award will be reduced to $80,000 due to your portion of fault. However, if your percentage of negligence is higher than the defendant’s you are not entitled to any damages.
Mental Pain and Suffering
After an accident, an injury lawyer in Las Vegas can easily show physical injuries that are causing you pain and suffering. Medical records, x-rays and other information can point to physical damage that may need extensive treatment. What is more difficult to prove is mental pain and suffering. In some cases, you may not even realize you are suffering mentally. After an accident, especially one that leads to serious injuries, you may have difficulty sleeping, you may be depressed and suffer from loss of appetite. This may lead you to see a psychiatrist or therapist whose costs can be compensated with a personal injury claim. It is important to let your attorney know if you are suffering any mental issues after an accident and to have them documented thoroughly in order to claim compensation for mental pain and suffering.
If you have been injured in an accident, contact The Schnitzer Law Firm, a personal injury attorney in Las Vegas. You can reach them by calling 702-960-4050 or fill out the easy online form to schedule your free, no obligation consultation.