Your Guide to Filing a Punitive Damages Claim in Nevada

Nevada law protects victims of negligence. Negligence happens in many ways, including car accidents, product malfunctions, and medical malpractice. 

In most cases, a victim would file a personal injury or product liability claim after being injured because of negligence. They would also include economic and non-economic damages in their claim. 

But, if the at-fault party’s actions go beyond negligence, victims can get more than compensatory damages. 

If someone hurts you on purpose, you can sue for punitive damages in Nevada. Punitive damages provide you with a way to hold the at-fault person accountable. It also allows the state to punish their behavior and deter them from doing something similar in the future. 

What Does Punitive Damages Mean?

Punitive damages are not the same as economic or non-economic damages. Economic damages are medical bills, loss of income, etc. Non-economic damages usually mean emotional distress. It may also include pain and suffering.

If you sue for punitive damages, you are suing for an extra settlement. This means you will get more money on top of what you get for the damages mentioned above. This means you must first prove that you are entitled to economic and non-economic damages.

Punitive damages are not meant to compensate you for losses, however. They are supposed to be a financial penalty. This is why punitive damages are meant for cases where the defendant’s actions are extremely harmful. 

If the defendant in your case is found to be malicious or grossly negligent, your lawyer may encourage you to sue for punitive damages. 

Remember that punitive damages will increase your total settlement (if awarded). Therefore, you must give evidence that the defendant’s actions were egregious. 

Is Your Case Eligible for Punitive Damages?

Your lawyer will tell you whether your case qualifies for punitive damages, according to law. If your case includes the following factors, it may be eligible: 

Intentional or Reckless Conduct 

Your evidence must prove that the defendant’s actions were not a mistake. It must show that the defendant behaved in a way that showed disregard for the safety of others. 

Gross Negligence

Sometimes, extreme carelessness may be enough to allow for punitive damages. Gross negligence means the defendant did not care whether their actions could cause harm. 

Convincing Evidence

It is not easy to get a punitive damages award. Your evidence must be convincing if you want to include punitive damages in your claim. Without it, your lawyer will struggle to convince an insurer or judge that you deserve the extra settlement. 

Steps for Filing a Punitive Damages Claim

If you feel your case should qualify for punitive damages, follow these steps. 

Speak to a Nevada Lawyer

Speak to a lawyer before you do anything else. An experienced lawyer will tell you the evidence you need to support your claim. They will also guide you through the legal process.

Collect Evidence to Support Your Claim

If the lawyer takes on your case, they will do their own investigation. They will collect the necessary documents, including police reports, medical records, and video footage.

If there were witnesses to the incident, your lawyer should get their statements. Evidence will help establish the link between the defendant’s actions and your losses. 

Wait for the Lawyer to File a Complaint

When your lawyer gets the required evidence, they will create a legal complaint. The complaint will list your case, explain the defendant’s actions, and enumerate why it qualifies for punitive damages. 

The complaint will also specify the compensation you want and will be filed in the relevant court. 

Attend the Discovery Process

After your complaint is filed, the discovery process can begin. Lawyers for both parties will exchange information and evidence. It is during this stage that your lawyer will build a solid case. 

Decide on Pre-Trial Motions

You will likely be able to settle your case outside of court. Your lawyer may file a pre-trial motion to resolve the case without a trial. But, if no agreement is reached, your case will go to trial. At this point, the burden of proof lies with you. 

Attend the Trial and Wait for the Verdict

Both parties will present evidence and arguments during a trial. A judge or jury will then decide whether punitive damages should be awarded.

Even if you get a positive outcome, the defendant’s lawyer may file an appeal or post-trial motion. This could drag out the trial even further. Your lawyer will advise you on what to do in this situation. 

Your Lawyer Can Help You Win a Punitive Damages Award

It is important to follow your lawyer’s instructions at all times. Your lawyer knows everything there is to know about Nevada law and how it applies to your case. Moreover, if you follow your lawyer’s lead, you have a far better chance of getting a fair settlement.

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