It seems like the slots and tables are not the only places people can hit the jackpot when they come to Nevada, particularly Las Vegas. The National Insurance Crime Bureau (NICB), an organization that records insurance fraud statistics nationwide and reports back to the public, notes there are slip and fall claims that are being filed all over the country. Las Vegas, Nevada ranks among the biggest markets for these claims.
According to the NICB, the average number of slip and fall claims peaked during the Great Recession, and many of those were questionable claims. The increase in claims at the time happened the most in five cities major U.S. cities, including Las Vegas, New York, Los Angeles, Philadelphia, and Chicago. During that time, the spike in the number of questionable slip and fall cases jumped 57% when compared over a two-year period. Most of the claims involved commercial insurance policies. At the time, Nevada had the highest unemployment and home foreclosure rates. While the economy could have been one factor for the high personal injury claims, it is likely that another major reason for these incidents is that Las Vegas hosts more than 30 million visitors annually, making these accidents statistically more feasible.
How Commercial Slip and Fall Cases Differ
It is a widely accepted misconception that slip and fall claims that occur inside a business are just like those that happen in a residential home. Nothing could be further from the truth. Specifically, a slip and fall claim involving a residential home often results in the insurer paying the injured party's medical expenses regardless of who was to blame for the accident. Public spaces are a different story. For an injured victim to succeed in a slip and fall claim against an enterprise, he or she must establish negligence. In other words, it must be established that the business owed a legal duty to the victim; the duty was breached; the breach was the actual and legal cause of the harm; and the victim suffered damages.
Damages Available in Nevada
While monetary compensation cannot undo the harm that was suffered from a slip and fall accident, the purpose of the law allowing a victim to sue for damages is to make the injured person whole again, or to put the injured victim back in the same position he or she would have been if the accident never happened. Financial compensation is awarded by a court to make up for the harm suffered.
There are several types of damages a Nevada slip and fall victim may recover during a personal injury claim. These include:
Lost wages, both past and future
Past and future medical expenses
Pain and suffering damages
Funeral and burial expenses
Of note, the surviving spouse and/or family members of an injured person may receive financial compensation if the victim died from his or her injuries.
If the act that caused the injury is particularly bad, then punitive damages may be awarded. The purpose of punitive damages is to punish the actor for the bad behavior with the goal of it not being repeated in the future and deterring others from doing the same.
Personal Injury Help in Nevada
If you or a loved one has been seriously injured in a Nevada slip and fall accident, or has suffered any other type of personal injury due to the negligence of another, contact Parry & Pfau today for an initial consultation of your case. These attorneys will aggressively fight for the compensation to which you are entitled. Make your appointment today by clicking here.
(image courtesy of Rikki Chan)