Every accident is different, and the laws governing the state where your accident occurred impact your recovery. That is why it is vital to consult a seasoned Lyft and Uber accident lawyer in Las Vegas. At Morris Injury Law, we have a proven track record of obtaining significant recoveries for our clients.
Modified Comparative Negligence
An Uber and Lyft accident lawyer at Morris Injury Law can tell you what kind of verdicts Nevada juries typically award. They can also explain how Nevada’s modified comparative negligence law may affect your recovery.
Modified comparative negligence allows you to collect some compensation even if you were partly to blame for the accident—as long as you are not more than 50% to blame. If you carry 51% of the blame or more, then you cannot recover any money for your losses.
In practice, this system works by apportioning fault between the parties. For example, imagine Bob drove into Juanita while she was crossing the road. A jury determines that Juanita’s injuries are worth $1,000,000 in damages. But it also finds that Juanita was 30% at fault because she was jaywalking when Bob hit her. The court will reduce Juanita’s award by 30%, and she will receive only $700,000.
Compensatory And Punitive Damages
When you use a Las Vegas attorney to sue Uber or Lyft, they typically sue for negligence and seek compensatory damages. There are two types of compensatory damages—economic and noneconomic. Your attorney can help determine how much your case is worth.
Economic damages include the things you can easily tally up like medical expenses, car repair costs, and lost wages. This is why it is important to keep track of all of your bills and receipts following an accident.
Noneconomic damages are compensation for the emotional turmoil you experienced. A jury decides on a figure that atones for the pain and suffering, anxiety, or post-traumatic stress you suffered from the accident.
In rare cases, the jury may find that the person at fault was guilty of oppression, fraud, or malice. Such a finding might entitle the plaintiff to punitive damages. The purpose of punitive damages is to punish the defendant or set an example.
Nevada generally limits punitive damage awards to:
- Three times the amount of compensatory damages if the compensatory damages award is $100,000 or more; or
- $300,000 if the amount of compensatory damages is less than $100,000.
But these limits do not apply in some circumstances. For instance, there would be no cap on your punitive damages award if the rideshare driver who hit you was drunk or high on drugs.
