Personal Injury Basics In Nevada You Need To Know

Essential Elements Of A Personal Injury Case

If you have been injured by someone else, be it a person or an entity, Nevada personal injury law allows you to seek compensation when the harm was caused by negligence or unlawful acts. But what is the process of a personal injury claim like? How does a victim actually get compensated for their losses? 

In order to get compensated, an injury victim must prove certain fundamental elements, including:

• Duty
• Breach of duty
• Causation 
• Damages

Proving these elements is often complicated but necessary for full compensation. For this reason, hiring an experienced personal injury lawyer is a crucial step toward justice. 

Duty

Duty refers to the duty of care one party owes another. In a personal injury claim, the plaintiff must demonstrate that the defendant had a duty of care toward them. A duty of care is an obligation to maintain certain standards of care and behavior in relation to someone else.

For example, motorists have a duty of care toward others in traffic. Traffic laws are basically codified standards of care that drivers must follow. In the case of a doctor or other medical professional, the duty of care arises from the doctor-patient relationship. If an injured patient wants to sue a medical professional, they must show that they were the patient of said professional.

Without a duty of care, there is no liability. In other words, you can’t sue someone with no duty of care toward you.

Breach Of Duty

Once a plaintiff has demonstrated duty, they must demonstrate that it was breached. Proving a breach of duty means showing that the alleged actions in breach are below recognized standards of safety or care. 

For example, a speeding motorist — by virtue of speeding — has breached their duty of care toward other motorists and may be held liable if they cause a crash. 

Often, proving a breach of duty is not as simple as showing that a motorist was speeding or driving drunk. In medical malpractice cases, for example, demonstrating a breach of duty typically requires in-depth medical knowledge and detailed, complex evidence. 

That is why personal injury attorneys have networks of medical and other professionals. These professionals can provide expert testimony relating to standards of care and other matters to support a personal injury claim. 

Causation

Causation must also be proven in personal injury cases. Causation simply means that an act directly causes a result. For example, a driver who runs a red light and T-bones a car has caused an accident due to running a red light. 

Keep in mind that there can be more than one cause of a personal injury. When this is the case, the law apportions responsibility by percentage to each liable party. 

This means that if the victim shares in the blame for their own accident, they may still seek compensation for their losses as long as they are not more liable percentage-wise than those from whom they seek damages. 

Damages

Finally, plaintiffs must demonstrate that they have suffered compensable losses. Compensable losses are forms of harm that the law sees as worthy of being compensated through damages. Types of damages include economic and non-economic damages. 

Economic damages cover calculable losses, such as:

• Medical treatment, hospital care, and ongoing care
• Lost income, employment, and future work opportunities
• Accident-related expenses

Non-economic damages compensate you for intangible losses, like pain and suffering and loss of enjoyment of life.

Some injury victims may also recover punitive damages when particularly egregious conduct is involved. 

Seeking Justice Through Compensation

Personal injury cases allow injury victims to seek justice through compensation. Consulting a personal injury attorney is vital to giving yourself the best chance of success.

The experienced team at Adam S. Kutner, Injury Attorneys, has a proven track record of excellence in both service and skill. We’ve protected injured clients in Las Vegas for more than 33 years, and we will work to get you the maximum settlement as quickly as possible.