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Are There Caps on Personal Injury Damages?

When a preventable car or truck accident occurs and results in a serious injury, the aggrieved person is entitled to seek damages from those responsible. These damages can cover “economic” damages resulting from the accident, including lost wages and medical expenses, and “non-economic” damages like “pain and suffering”, loss of use, loss of consortium, and lost potential earnings. Depending on the severity of the injury, damages can bring significant financial relief to victims.

In certain types of personal injury lawsuits and for specific types of damages, there are “caps” that limit a responsible party’s liability. Caps are the maximum amount that a jury can award for a certain type of damage, which are determined by the Nevada legislature. For car accidents and truck accidents in Nevada, the only existing cap is on awards for punitive damages.

Economic Damages and Non-Economic Damages are Not Capped

Despite caps on punitive damages, Nevada’s personal injury laws offer victims strong legal recourse in car accident and truck accident cases. Serious injuries can have devastating financial, physical, and emotional impacts. Fortunately, there are no caps on economic damages or non-economic damages, which give personal injury attorney significant leeway to pursue maximum compensation for their clients.

Punitive Damages are Capped

In contrast, punitive damages exist as an extraordinary form of relief in personal injury cases. They are exceptionally rare as they encompass intentional and egregious conduct by the wrongdoer and are designed to punish and deter that person’s conduct. In essence, a victim has to demonstrate by clear and convincing evidence that the wrongdoer acted with “malice” in that their actions were intentional or occurred with a “conscious” disregard for another person’s safety.

When punitive damages are sought, they are capped by statute. Nevada has limited punitive damage awards to $300,000 if the compensatory damages awarded are below $100,000. And in cases where compensatory damages exceed $100,000, punitive damages are limited to three times that total amount.

Let Viloria, Oliphant, Oster & Aman L.L.P. Assist You

If you have been injured in a car or truck accident due to someone else’s negligence of malicious conduct, you may have a claim for damages. Viloria, Oliphant, Oster & Aman, L.L.P. provides top quality personal injury representation and has successfully obtained millions of dollars in damages on behalf of our clients. Our award winning attorneys take pride in putting forward the hard work necessary to pursue maximum compensation for our clients. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.

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