Every case is unique, with facts and losses specific to the situation. You should consult a lawyer to discuss the specifics of your accident and injuries to determine whether you have a case.

In analyzing whether you have a case, the lawyer will look for a few elements. Drivers are liable for injuries resulting from two types of actions. Intentional collisions are rare, but they happen in Las Vegas. For example, as someone flees from the police, they may intentionally ram your vehicle to move it out of their path. Similarly, a driver may intentionally bump your car during a road rage incident.

To prove liability for intentional crashes, you must show the other driver intended to cause harmful contact with you. You do not need to prove they intended to injure you. If they intend to hit you, they are liable for any resulting injuries.

While an intentional crash will give you the right to sue for your injuries, you will probably not have a claim against the other driver’s insurance. Liability insurance typically only covers crashes resulting from a driver’s negligence. Thus, the other driver’s insurer will not pay you for an intentional crash.

The second ground for liability is negligence. Most cases arise when a driver negligently crashes into a vehicle, pedestrian, or cyclist, causing injuries or deaths. Negligence requires proof of four elements:

• 1

  Duty of care

• 2

  Breach of duty

• 3

  Damages

• 4

  Causation

All drivers owe other road users a duty to drive with reasonable caution and care. They breach this duty when they expose other road users to unreasonable risks of harm. A lawyer typically proves a breach of duty by proving that a driver violated traffic laws by speeding, tailgating, running a red light, or committing some other traffic violation.

A driver can also breach the duty of care by doing something unreasonably risky, albeit legal. 

For example, a driver in Nevada cannot use a handheld cell phone while driving. They can use voice-to-text as long as they are not holding the phone when they do it. However, dictating a text message can distract a driver, leading to a car crash. Even though the driver did not violate any traffic or criminal laws, they may still be liable for damages arising from the injuries they caused.

There is no standard formula for calculating the value of a lawsuit. But you can apply a few legal principles to identify which losses you can include in your estimates as you decide whether to sue.

Nevada law allows you to recover compensation for two types of losses. Economic losses represent the financial impact of the at-fault party’s actions. Non-economic losses encompass the human impact of your injuries.

Economic losses include expenses as well as unrealized income. Some common expenses you might incur due to your injuries include:

• 1

  Past medical bills

• 2

  Future costs for treatment, therapy, and medication

• 3

  Lost wages due to missed time at work

• 4

  Diminished future earnings from long-term disabilities

• 5

  Out-of-pocket expenses associated with your injuries

Your economic losses include both paid and unpaid bills. For example, if you have an unpaid bill of $20,000 for surgery for your injury, you can include it in your economic losses. The doctor or hospital may put a lien on your personal injury claim to make sure part of your settlement or damage award goes to paying your outstanding bill.

You document your economic losses using your financial records. These records often include the following:

• 1

  Credit or debit card statements

• 2

  Canceled checks

• 3

  Receipts

• 4

  Bills

• 5

  Wage statements

• 6

  Timesheets for work

Non-economic losses do not have a price tag. Instead, they include all the ways your injuries eroded your quality of life. Examples of non-economic losses include the following:

• 1

  Physical pain

• 2

  Mental anguish

• 3

  Inconvenience

• 4

  Disability for limitations on your activities

• 5

  Dismemberment for loss of a body part

• 6

  Disfigurement for injuries that alter your appearance

You prove non-economic losses with witness testimony. You can testify about the effects of your injuries on your life. Your family members and friends can testify about the changes they have noticed in your quality of life.

Some losses have both economic and non-economic aspects. For example, you might incur economic costs for the pain you experience. You might incur costs for pain medication, massage therapy, and other treatments to relieve your pain. These are economic losses. Similarly, your pain might keep you awake at night, limit your ability to work around the house and prevent you from exercising. These are non-economic losses.

Every case has unique losses based on the type and severity of the injuries. You should speak to a lawyer to discuss how much you can seek in a lawsuit.

Nevada requires all vehicle owners to carry property damage liability insurance. If the at-fault driver has auto insurance, you can file an insurance claim against their policy to repair or replace your vehicle. To win a property damage liability claim, you must prove the other driver negligently hit your vehicle.

You cannot pursue a liability claim if an uninsured driver hits you. But you can pursue a claim under any optional uninsured motorist (UM) coverage you included in your policy. You can also repair or replace your vehicle using UM coverage after a hit-and-run accident. In other words, UM covers damage from uninsured or unidentified drivers.

Depending on your insurance coverage, you may have a couple of additional options. First, collision coverage pays to repair or replace your vehicle regardless of fault. You can use this coverage to repair or replace your vehicle quickly while the insurers sort out the fault for the accident.

The downside of this option is that collision coverage usually requires you to meet a deductible. However, you can get reimbursed for the deductible you paid by successfully proving the other driver negligently caused the crash.

Second, you can pay out of pocket for your repairs or replacement. If you pay to repair or replace your vehicle, you can include your out-of-pocket costs in a liability claim or lawsuit against the at-fault driver.

This option is risky because you could pay thousands or tens of thousands to repair or replace your vehicle while you also face medical expenses for your injuries. Rather than tying up their money repairing or replacing their car, many crash victims choose to preserve their money to pay for treatment, therapy, and medication. 

Holding onto this cash is especially important when you suffer injuries that force you to miss work, cut your hours, or take lower-paying light duty.

In any of these options, you can file a lawsuit against the at-fault driver for any unreimbursed costs. 

Thus, suppose the other driver had $25,000 in property damage liability coverage. But the driver totaled your $35,000 car in a DUI crash. The other driver’s insurance company will pay $25,000 toward replacing your car and you must either sue the driver for the remaining $10,000 or try to settle with them to cover your remaining losses.