Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
1. Document Your Injuries and Medical Expenses
Begin by collecting all medical records, treatment summaries, imaging reports and bills related to your soft tissue injury (e.g., whiplash, sprains or contusions). Accurate documentation establishes the foundation for your economic damages.
2. Calculate Economic Damages
Economic damages cover tangible costs. Include:
- Medical bills (past and future treatment).
- Rehabilitation and therapy expenses.
- Prescription medication costs.
- Lost wages and loss of earning capacity.
3. Estimate Non-Economic Damages
Non-economic damages compensate for pain, suffering, emotional distress and loss of enjoyment of life. Soft tissue injuries often yield these damages, but they lack an invoice, so you must estimate.
4. Apply the Multiplier or Per Diem Method
Two common approaches:
- Multiplier Method: Add your past medical bills and lost wages, then multiply by a number (1.5–5) based on injury severity and recovery time.
- Per Diem Method: Assign a daily rate (e.g., $100–$500) to your pain and multiply by the number of days you suffered limitations.
5. Factor in Nevada’s Comparative Negligence
Under NRS 41.141, Nevada follows modified comparative negligence. Your total recoverable damages reduce by your percentage of fault. If you are 50% or more at fault, you cannot recover.
6. Consider Policy Limits and Statute of Limitations
Review the at-fault driver’s liability limits and your own insurance coverage. Personal injury claims for motor vehicle accidents must be filed within two years of the accident under NRS 11.190.
Helpful Hints
- Keep a daily pain and activity journal.
- Obtain a written expert opinion or treating physician’s summary.
- Review your Personal Injury Protection (PIP) coverage under NRS 41A.070.
- Preserve all communication with insurers in writing.
- Seek legal advice early to evaluate policy limits and claim strategy.