If you have been involved in a car accident in Nevada that was not your fault, then you can recover compensation for damages from the driver who did cause the accident. It is important to bear in mind that there is not an average amount that you can get for a car accident, as each case is different, and the compensation you’ll be entitled to will depend on the case facts.
However, there are some factors that can have an impact on how much you can expect to receive in compensation for your car accident settlement in Nevada. These include:
Proving Liability
Under Nevada law, the burden of proof is on you when you file a claim. You will need to prove that the other party was responsible for any injuries that you have sustained in the accident in order to recover compensation for damages. The majority of car accidents are based on negligence. This requires that you prove the other driver had a duty of care towards you that they breached. You will also need to prove that the fact they breached this duty of care directly caused your injury and that it caused you to sustain damages.
In Nevada, all drivers have a duty of care when driving, to operate their vehicles in accordance with traffic laws and safe driving practices. Drivers should use reasonable care to avoid a car accident. Any driver who is reckless on the road or violates traffic laws will be in breach of this duty of care.
Your Ability to Work
Any loss of income that you suffer after being involved in a car accident will be classed as a type of economic damage. You can receive reimbursement for this in your car accident case. The wages that you have lost if you have not been able to work as a result of your injury will be added to your settlement. You can also include amounts for sick time, loss of vacation days, retirement contributions, and any other benefits that you have lost out on as a result. Along with any time at work that you have lost since the accident, if this is an ongoing issue then you can also include any potential future loss of earnings in the settlement.
Your Medical Bill Costs
A huge percentage of the compensation paid in a car accident case is often the cost of diagnosing and treating any injuries that you have sustained. A car accident victim is entitled to receive reimbursement for the necessary and reasonable cost of any medical care and treatments that they have been required to have since the accident as a result of the injuries.
How severe your injuries are will impact the cost of your medical bills. In general, the cost of medical care will increase the more severe the injuries are. The medical bills for minor injuries will be much lower than those to treat a catastrophic injury, for example.
Your Fault Level
Contributory fault is a legal theory that could lead an accident victim being held partially liable for contributing to the cause of an accident. In many cases, car accidents are not always solely on one driver. If you are partially to blame for the car accident, then your compensation may be reduced by the percentage of fault that you are deemed to have. For example, if you are found to be 20% at fault for the car accident, then 20% of the damages that you are awarded will be deducted from the final settlement.
In Nevada, there is a 51% bar for contributory fault claims. This means that you can’t recover any money for damages if you are found to be 51% or more at fault for the car accident.
Failure to Mitigate Damages
As a Nevada car accident victim, you have a duty to mitigate the damages caused. You will need to prove that you have taken reasonable steps to reduce the severity of the damages. For example, your compensation may be reduced if you are found to have not sought prompt medical care after the accident or have not followed the advice of your doctor.
In some cases, the court may rule that you are not able to recover compensation for any damages that may have been avoided if you had taken reasonable steps to mitigate them.
Permanent Impairments and Disabilities
Suffering a permanent impairment will usually increase the settlement amount in a car accident case. Along with receiving compensation for the disability, you may also be eligible for compensation for future damages. Impairments and disabilities that are caused by a car accident will often need ongoing medical care, along with nursing or personal care. It can also cause a substantial decrease in your ability to work and earn money. If you have been left unable to work, then you could be losing out on millions in lost wages over your lifetime.
Impact on Your Life
If you have been involved in a car accident, the impact that it has had on your life can also play a part in determining how much you will be awarded in compensation. Accident victims are not only able to claim for loss of earnings and costs that have arisen because of the accident, but they can also claim for non-economic damages that represent any pain and suffering they have experienced. For example, you can claim for the emotional distress that may have been caused by suffering post-traumatic stress disorder because of the crash, or anxiety and depression that may have led to your quality of life decreasing.
While there is no average figure in a Nevada car accident case as each case is unique, there are some factors that can help you determine how much your car accident case might be worth. If you’ve been involved in a car accident, then get in touch with Karns & Karns Personal Injury & Accident Attorneys today at 877-557-4221 for a free consultation to discuss your case and how we can help.
