Can I Claim Punitive Damages after a Car Accident with a Drunk Driver in Nevada?

Most people know the danger of driving under the influence, yet thousands of motorists in Las Vegas still choose to get behind the wheel after consuming alcohol. In 2014, Las Vegas Metropolitan Police arrested about 4,500 people for DUI. That same year, at least 290 people in Nevada died in alcohol-related crashes, according to Alcohol Alert.

Can I Claim Punitive Damages after a Car Accident with a Drunk Driver in Nevada? 1

Although no amount of compensation can undo the trauma of a drunk driving accident, filing a claim may help you recover the money you need to pay for medical bills, lost income, and other damages. You also may be entitled to punitive damages if the at-fault driver was drunk, pursuant to NRS 42.010.

Punitive damages are not available in every personal injury case. Their purpose is to punish the defendant for particularly egregious behavior.

If you were injured or lost a family member due to a drunk driver, contact the Truman Law Firm P.C. Attorney Ronald W. Truman will calculate your damages and fight for the maximum compensation. Mr. Truman has been practicing law for more than 25 years.

Call 702-821-1821 to schedule a free consultation with an accident attorney in Las Vegas. If you would like to learn more about drunk driving accident claims, visit USAttorneys.com.

Is There a Cap on Punitive Damage Awards in Nevada?

Yes. Pursuant to NRS 42.005, any award of punitive damages will be capped as follows:

  • If the compensatory damages are $100,000 or more, the award will be capped at three times the amount of compensatory damages; or
  • If the compensatory damages are less than $100,000, the award will be capped at $300,000.

These caps do not apply to cases in which the defendant is an insurance carrier who acted in bad faith or a seller, distributor, or manufacturer of a defective product. The caps also do not apply in defamation cases and in cases when an injury is caused by the disposal, spill, or emission of radioactive, toxic, or hazardous fumes.

Other Damages That Might Be Recoverable after a Drunk Driving Accident

The type and amount of damages you are able to recover depend on the extent of your injuries and the facts of your case. In addition to punitive damages, you may be able to claim economic and non-economic damages including:

  • Medical bills;
  • Lost income;
  • Loss of enjoyment in life;
  • Loss of consortium;
  • Pain and suffering; and
  • Property damage.

What Is the Statute of Limitations for Personal Injury Claims in Nevada?

Pursuant to Nev. Rev. Stat. § 11.190, the statute of limitations for personal injury cases is two years from the date when the injury occurred or should have been reasonably discovered. If you do not file your claim within the two-year statute of limitations, your case will probably be dismissed.

If you were injured or lost a loved one due to a drunk, distracted, or reckless driver in Nevada, turn to the Truman Law Firm P.C. As your injury attorney in Las Vegas, Ronald W. Truman will gather evidence, interview witnesses, handle correspondence with the insurance company, and help you fight for the maximum compensation. Schedule a free consultation today by calling 702-821-1821.