Proving Negligence in a Catastrophic Injury Case
The objective of a personal injury claim after a catastrophic injury accident is for the injured person to recover compensation for the extensive financial losses incurred because of someone else’s negligence or recklessness. In addition, Nevada personal injury law allows the injured party to seek compensation for their pain and suffering.
To recover compensation in a catastrophic injury case, the injured person must show:
- The defendant had a legal duty to act in a reasonably prudent manner to avoid jeopardizing the person’s safety
- The defendant breached that duty of care by acting with negligence or recklessness
- The defendant’s breach was the cause of the person’s catastrophic injury
- The plaintiff’s injury can be made better with compensation
Depending on the facts of the case, you may seek compensation for:
- Medical expenses related to the accident, including emergency response, surgery, hospitalization, rehab, and projected future medical costs
- Lost wages during hospitalization and recovery
- Lost earning capacity due to permanently disabling injuries
- Property damage, such as damage to a car
- Incidental expenses related to injuries, such as the cost of hiring help at home
- Physical pain and suffering endured as a result of injuries
- Mental anguish suffered as a result of injuries
- Diminished quality of life from disabling injuries
- Loss of financial and/or emotional support from a family member who has suffered disabling injuries
In a catastrophic injury case, a majority of compensation sought is for medical expenses. The cost of medical care to save the life of a catastrophic injury victim is only the start. In many catastrophic injury cases, compensation for medical expenses includes the cost of ongoing needs.
To calculate the total compensation that a permanently disabled client will need to live independently, we consult rehabilitation professionals to develop a life care plan. This detailed report is a plan for the current and future needs of individuals who have experienced catastrophic injury and their associated costs. It provides a way to plan for the lifetime needs of an individual who has suffered a disabling injury.
A life care plan spells out detailed yearly costs for:
- Medical care, including routine testing, treatment, counseling
- Medical equipment
- Therapy and medical treatments
- Adaptive equipment and aids for independent functioning
- Facility or home care
- Home renovations to accommodate a wheelchair
We will investigate to identify each individual or business that has liability for the accident. At the same time, we will calculate all your losses associated with the catastrophic injury. We will present our evidence and demands for compensation to insurers who have extended coverage to the parties who injured you. Our attorneys negotiate aggressively for full compensation to you.
Most claims are settled through negotiations. We will present any settlement offer to you with our advice as to its acceptability. If we are unable to obtain a settlement offer acceptable to you, we will be prepared to file a catastrophic injury lawsuit in your name and present a persuasive case in court.
Comparative Negligence in a Las Vegas, NV Injury Claim
Nevada courts follow a doctrine of modified comparative negligence when juries consider personal injury claims. If a jury decides a plaintiff should be awarded compensation, the jury must then decide the comparative negligence of each party in the accident, which is expressed as a percentage.
If a plaintiff is judged to be more than 50% at fault, the plaintiff is not eligible to receive damages. If the plaintiff’s share of fault is 50% or less, the plaintiff may receive compensation. But any amount of compensation awarded will be reduced in proportion to the share of fault assigned to the plaintiff.
For example, if you fell and were injured because of a hazard a store owner in Las Vegas neglected to correct, you may be awarded damages. But if there was evidence that you were looking at your phone when you fell, the jury could decide you were partly to blame for your injury. If the jury said you were 25% to blame, the judge would reduce a $100,000 award to $75,000.
Nevada does not apply comparative fault rules to:
Comparative fault is not strictly applied during settlement negotiations for a catastrophic injury claim. But evidence of your negligence in an accident would have an impact on discussions. In negotiations or in court, our attorneys at Sam & Ash Injury Law would seek to mitigate the impact of any evidence that could damage your claim.
At every turn, we would seek to recover maximum compensation for you.