How Are Damages Disclosed in Las Vegas Litigation Cases?


The disclosure of damages in Nevada injury cases is mandated by our Nevada Rules of Civil Procedure. Specifically, Rule 16.1 (a)(1)(c) requires that once litigation is ongoing, your personal injury lawyer is required to disclose all of your damages.

When does this happen? After an Answer to the Complaint (lawsuit) is filed, then your injury attorney and the other side, will personally meet for an Early Case Conference, to agree on discovery dates and discuss your case. At this Early Case Conference or within 14 days thereafter, your accident attorney will disclose your damages to the other side. There is a continuing obligation to update your computation of damages, so the other side has this information well before any trial date is set.  

What do your “damages” consist of in your case? Your damages would be your past and future medical bills, lost wages and any loss you sustained as result of the accident. These are called your “special” damages. Your attorney will also list your “general” damages of pain and suffering. 

Where is this information provided? Your damages information is provided in what is called a List of Witnesses and Production of Documents. This document not only lists your damages, but it also lists the witnesses in your case and provides the documents you will relying on to support your case, such as medical records and witness statements. Your damages would be listed in a “Computation of Damages” section of this document.

Next time, we will discuss a lawyer’s obligations to satisfy medical liens in personal injury cases.

 

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