How Much is my Personal Injury Case Worth in Las Vegas?
Most of us are familiar with the McDonald’s coffee case. There are many of us who instantly scoff at such a claim – without knowing the whole story. According to the Huffington Post, however, “[t]his case received a great deal of publicity and became a prime example for frivolous lawsuits which garnered large monetary damages. A closer look at the facts of the case and the law reveal that the judge and jury probably made a good decision.”
In any event, that case has resulted in many conversations between me and my clients that ultimately end up with the question, “what is my case worth?” There are several factors to take into account in determining how much your personal injury claim is worth in Las Vegas. Mainly, the value of the claim depends on the damages you sustain that stem from the accident itself. In short, damages means the amount of medical bills and any potential pain and suffering or emotional trauma caused by the accident. Damages are explained in more detail below.
As a Las Vegas Personal Injury Lawyer, I can tell you that personal injury cases are “compensatory” by nature. Our society has created a system to compensate someone who has been injured for their losses that result from an accident. A compensatory damage award is basically monetary compensation intended to repay a party for the injuries resulting from the accident.
All cases are different. Thus, the determined compensation for your case is subject to many factors. Those factors include the amount of treatment received. Some damages like medical bills and property damage can be easily identified. Other types of damages are more difficult to ascertain as they are based on conditions such as pain, suffering and a reduced quality of life. In most personal injury cases, the following damages are typically used to determine overall case value:
Medical treatment: Medical treatment and medical records are generally the primary way to determine case valuation. The cost of the treatment is taken into consideration, as well as the duration of treatment and types of treatment received.
Pain and suffering: A claimant who undergoes medical treatment because of an accident should make a claim to be compensated for pain and suffering. All aspects of the medical treatment, including the diagnosis, types of treatment received and costs of treatment are considered when attempting to determine fair compensation for pain and suffering. Unfortunately, there is no specific formula or number to specifically define how much pain and suffering is actually worth. Suffice it to say, the Nevada Supreme Court recognizes awards for pain and suffering.
Property loss: More recently, claimants are making cases for the loss of the value of their vehicles following an auto accident. One example of this is if you purchased a relatively new, but used, car. If that car had a value of $20,000 on the day before the accident, but is now worth $13,000 after it has been fixed but because of the accident, then one should be able to make a claim for the $7,000 of lost value for the vehicle. This is just one example of property loss.
Income loss: A plaintiff may be entitled to compensation based upon the accident’s negative impact on earned wages or salary. This extends to income lost in the future, too, due to accident-related injuries. In order to prove loss of income you will need to be prepared to show that you actually lost wages. This includes disclosing tax returns to the insurance company and its attorneys.
Loss of life enjoyment: While difficult to determine, loss of enjoyment can be quantified by the individual’s inability to perform day-to-day pursuits such as exercise, hobbies and recreational activities. Many times this claim gets included in the pain and suffering category as well.
Loss of consortium: Loss of consortium damages, in personal injury cases, are considered to directly impact the plaintiff’s spousal relationship. A loss of companionship, inability to maintain a sexual relationship or other damages to a relationship can be compensated. although uncommon, loss of consortium damages can be awarded directly to an affected family member.
So How Much is my Claim Worth?
After years of experience as a Las Vegas Personal Injury Lawyer, including many years spent working for the insurance companies, Steve Dixon Law can provide you with a free consultation and can help evaluate how much your claim may be worth given the varying factors involved as discussed above.
Call (702) 329-4911 for a free consultation…