Detailed Answer
Nevada Revised Statutes (NRS 41.015) allows recovery for losses that result directly from negligence. Self-employed professionals in Nevada can claim lost income as special damages in a personal injury claim. To succeed, you must prove:
- Establish your typical pre-accident income.
- Show a causal link between the accident and income loss.
- Document the actual earnings you would have generated.
1. Establish Your Pre-Accident Income
Collect at least two years of tax returns, bank statements or accounting software reports. These records create a reliable earnings baseline.
2. Track Post-Accident Work Loss
Keep a daily log of canceled appointments, missed projects and lost billable hours. Include dates, durations and standard rates.
3. Obtain Supporting Evidence
Secure letters from clients, CPA statements or expert testimony to quantify your income loss. Use affidavits from colleagues or clients when applicable.
4. Calculate Net vs. Gross Income
Calculate your net income after business expenses. Nevada courts and insurers focus on net losses, not gross revenues.
5. File a Timely Claim
Send a demand letter to the at-fault party’s insurer summarizing your lost income and evidence package. If negotiations stall, file a lawsuit before the two-year deadline under NRS 11.190(4)(e).
6. Understand Comparative Fault
Nevada uses modified comparative fault under NRS 41.141. If the court finds you partly at fault, it reduces your damages by your percentage of fault.
Helpful Hints
- Keep digital and paper copies of all financial records.
- Consult an accountant or forensic economist for complex claims.
- Use a separate business bank account for clear transactions.
- Document injury-related restrictions with photos, videos or medical notes.
- Record all accident-related expenses to support your total loss calculation.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Nevada to discuss your specific situation.