Home » Las Vegas Personal Injury » Types of Damages in a Personal Injury Accident

One of the most critical factors in obtaining maximum compensation for your injury accident is knowing all the types of damages that are available to you. If you assume that you can only claim compensation for your medical bills, you will miss important categories of damages.

Nevada law ensures that accident victims can recover fairly for a wide range of losses. Your losses can include financial losses, but you can also recover for emotional losses. It is crucial to work with your personal injury attorney to make sure you claim all the damages that apply to your case. These are the types of damages that are available in an injury case.

Medical bills

Don’t make the mistake of assuming that only emergency room bills count as your medical losses. The types of damages you can get in a Nevada personal injury case include any medical bills you have from the accident.

If you need physical therapy because of the accident, all of your physical therapy bills count. If you need follow-up appointments to create a long-term care plan, those bills count. Even medical devices like a wheelchair qualify for compensation. Be sure to evaluate your claim to include all of the following types of medical losses:

  • Emergency care
  • Urgent Care
  • Care of all professionals, including nurses, assistants, technicians and doctors.
  • Diagnostic expenses
  • Home health care costs
  • Physical therapy
  • Surgery costs
  • Other rehabilitation costs.
  • Mobility devices
  • Treatment supplies such as band-aids, bandages, and braces
  • Medication

Pain and suffering

Suffering from a physical injury is painful. You will likely have to live with discomfort and pain. A monetary award for pain and suffering is intended to provide you with just compensation for having to live with pain. Of course, no amount of compensation can take the pain away. But money is what the justice system can offer you because of your physical pain.

The amount you can claim for pain and suffering depends on the extent of your physical injuries. When your injuries are minor and you can recover from them in a short period of time, your pain and compensation for suffering can amount to about half of your medical damages. When you have a very serious injury that has lifelong consequences, your pain and compensation for suffering can be so much more. Your injury attorney can help you put a dollar value on your pain and suffering.

Emotional stress

In addition to your pain and suffering, you likely have a fair amount of emotional distress from your injuries. After an accident, you may have fear, anxiety, or post-traumatic stress disorder. There are countless ways you can suffer emotionally because you are hurt. If you have symptoms of anxiety, depression, or insomnia, be sure to tell your doctor and seek the care you need.

Emotional distress is the category of damages that make up for all the ways you have to suffer and mentally adjust after your accident. Like pain and suffering, there is no mathematical formula for emotional distress. Your attorney can help you determine how to assess your emotional distress over your claim.

Loss of use

A personal injury accident can cause unintentional changes to your lifestyle. If you used to bike, run, crochet, or cook and can no longer do your favorite activity, you have to adjust to your new life with limitations. You may lose the use of an arm or leg or even lose your vision.

Loss of use is a category of damages that compensates you for things you cannot do because of your injuries. Your loss of use damages are your sole responsibility. Nevada law requires the parties to consider what the person used to do before the accident and what activities the person is no longer able to do because of the accident.

Loss of Consortium

Being injured in a personal injury accident can affect your loved ones. Nevada law allows the victim’s spouse to file a claim for what is called a loss of consortium. There are many things that qualify as loss of consortium damage, including the loss of any of the following:

  • Affected
  • Fellowship
  • Sexual relations
  • Comfort
  • Ability to have children

Lost wages

You can apply for compensation to reimburse you if you are unable to work after your accident due to injury. You calculate how long you missed work and add what you would have done. You can consider all sources of income including:

  • First, second and third place
  • Salary
  • Tips
  • Bonuses
  • commissions
  • Retirement contributions
  • Benefits like a company cell phone or use of a company car

Lost wages include any type of compensation you receive for doing your job. You can use pay stubs, tax returns, and a letter from your employer to show what you did before the accident.

Lost earning capacity

While lost wages looks at how much money you lost in short-term earnings after the accident, lost earning capacity refers to what you cannot earn in the future.

If you cannot work long-term, your pay, promotions, and your entire career fall into the category of loss of earning capacity. You may need to work with an occupational expert to determine how your career perspective has changed due to your accident.

Replacement Services

After an injury, you may need to hire people to help you at home. You may need to pay someone to cut the lawn, bring food, cook, or babysit. If you have to hire for things that you used to do yourself, you can request compensation. Compensation for help hired due to your accident is called replacement services.

Punitive damages

In very extreme cases, Nevada law may also provide additional damages as punishment for the defendant. Punitive damages generally apply in cases where a corporation is at fault for harming many people or when one person acts intentionally to seriously hurt another person. Punitive damages punish the bad actor and set an example for others to encourage good behavior.

Property damage

When you have physical injuries, you can also have property damage. You are entitled to compensation for the value of your damaged property. You can take the current market value of your damaged property and include it in your total damage calculation.

How can a personal injury attorney help?

An experienced personal injury attorney has extensive experience helping accident victims assess their damages. They can help you evaluate all categories of damages to make sure you arrive at a case value that is fair and complete.

Your attorney can also help you determine what to do to prove each category of damage in your personal injury claim .

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