In a city that never sleeps, accidents can happen in the blink of an eye. Las Vegas, known for its glittering lights and entertainment, also sees its share of serious injury cases, including traumatic brain injuries, spinal cord injuries, and catastrophic burn injuries. When victims of these severe injuries face limited insurance coverage, the financial and emotional toll can escalate quickly. Medical care becomes a race against time. Insurance negotiations turn into uphill battles. The search for justice becomes deeply personal.
Victims deserve to know what happens when insurance runs out and what legal options remain. This guide, Low-Policy-Limit Burn Injuries in Las Vegas: Pursuing Excess Judgments, explores how burn injury victims can go beyond basic policy limits to seek the full compensation they are entitled to under Nevada law.
For specific legal advice catered to your case, reaching out to an experienced burn injury attorney is essential.
When Insurance Coverage Isn’t Enough
Nevada law requires all drivers to carry liability insurance (NRS 485.185), but the minimum coverage limits rarely match the real cost of catastrophic injuries.
Drivers in Nevada must carry minimum liability insurance coverage that includes:
- $25,000 for bodily injury or death of one person in any one accident.
- $50,000 for bodily injury or death of two or more persons in any one accident.
- $20,000 for injury to or destruction of property of others in any one accident.
A third-degree burn injury alone can lead to extended hospitalization, intensive treatment, and steep medical costs. The study “The Length of Stay and Cost of Burn Patients and the Affecting Factors” found that costs increase significantly with burn severity, total body surface area, and related complications.
When medical bills, future medical care, and lost wages exceed the limits of the at-fault driver’s insurance policy, victims have the right to pursue an excess judgment under Nevada law to recover what basic coverage cannot.
Examples of Low-Limit Scenarios:
1. Scenario:
A motorist with state-minimum coverage causes a high-speed collision. The crash results in a vehicle fire, and the injured party sustains second and third-degree burns requiring extensive hospitalization, surgical intervention, and long-term rehabilitative care. The at-fault driver carries only $25,000 in bodily injury liability coverage.
2. Scenario:
A distracted driving incident results in a rear-end collision. The victim sustains serious soft tissue injuries, including whiplash and lumbar strain, which require emergency medical treatment, diagnostic imaging, and an extended course of physical therapy. The at-fault driver carries only the minimum $25,000 in bodily injury liability coverage required under Nevada law.
In both scenarios, the policy limits fall far short of the actual financial losses. When this occurs, underinsured motorist coverage can serve as a supplemental source of compensation. Additionally, uninsured motorist coverage may apply when the negligent driver has no insurance at all.
Understanding Underinsured and Uninsured Claims
Nevada drivers can file an underinsured motorist claim through their auto insurance policy, but only if they opted for that added protection. Similarly, when the at-fault driver lacks any coverage at all, victims can tap into their uninsured motorist benefits. Your insurance may cover the difference between the at-fault driver’s policy limit and your total damages if they have some coverage. These coverages aren’t automatic; you must elect to purchase them when starting or updating your insurance plan.
Many car accident victims mistakenly believe their policy only protects them when they’re at fault. In truth, uninsured and underinsured motorist coverage is specifically designed to shield you when the other driver carries no insurance or doesn’t have enough to pay for your losses.
If you have UM/UIM coverage in place, you can typically recover for:
- Future medical expenses, including rehabilitation and follow-up care.
- Pain and suffering, especially from long-term or catastrophic injuries.
- Lost income if your injuries prevent you from working.
- Emotional distress, which often accompanies severe or traumatic collisions.
Nevada law combines both UM and UIM coverage into one streamlined policy, meaning a single purchase covers both situations. While private health insurance may assist with medical expenses, it won’t pay for car repairs or emotional losses, and it often comes with deductibles, co-pays, and exclusions. That’s why reading the fine print of your insurance policy is crucial. Understanding what’s covered can help you take action quickly and make the most of your claim.
Pursuing Excess Judgments: What Does It Mean?
An excess judgment allows injured victims to seek compensation that goes beyond what the at-fault driver’s insurance covers. This legal step is often necessary when the insurance companies involved fail to settle fairly or fully address the victim’s losses through the basic policy limits.
To pursue an excess judgment as part of a personal injury claim, your legal team must first demonstrate:
- The responsible party engaged in reckless or negligent behavior.
- The at-fault party’s insurance policy does not provide adequate coverage.
- The extent of the harm through documented in medical records, witness statements, and property damage evidence.
If the at-fault driver acted with willful misconduct, extreme negligence, or reckless behavior, the court may also award punitive damages. These damages not only compensate the victim for harm suffered but also serve to punish the wrongdoer and discourage similar conduct in the future. This is especially relevant in cases involving reckless driving or intentional disregard for public safety.
Documenting Your Case: What to Collect
To succeed in personal injury claims involving low policy limit burn injuries, documentation is everything. Courts and insurance companies need solid evidence to award maximum compensation.
What you should gather:
- Complete medical records.
- Photos of the accident scene.
- Names and contact information for witness statements.
- Proof of lost income.
- All insurance coverage documents.
- Receipts for future medical care.
Why Evidence of Negligence Matters
To win your case, your legal team must show that the injury happened due to someone else’s negligence. This can involve proving a negligent driver failed to brake, a business ignored a fire hazard, or an apartment owner didn’t maintain safe infrastructure.
In some personal injury cases, the responsible party might be a company or landlord rather than an individual. These cases tend to be complex but can result in large personal injury lawsuit settlements, particularly when emotional distress or disfigurement is involved.
Preparing for a Personal Injury Lawsuit
Bringing a personal injury lawsuit involves several key stages. First, you file a complaint. Then, you enter the discovery process, during which your personal injury attorney collects all evidence. Eventually, you may settle or take the matter to court.
Key tips:
- Always seek medical attention immediately, even if symptoms seem minor.
- Keep track of current and future medical costs.
- Don’t accept the first offer from insurance companies.
- Work with experienced attorneys who understand Las Vegas court systems.
Under personal injury law, you have the right to recover not just medical costs but also compensation for the ripple effects on your life, relationships, career, and peace of mind.
Nevada State Laws: Deadlines and Shared Fault Rules
Understanding your rights under Nevada state law is essential when pursuing compensation for serious injuries. One of the most critical rules is the statute of limitations. Under Nevada Revised Statutes (NRS) § 11.190(4)(e), victims generally have two years from the date of injury to file most personal injury claims, including burn injuries or wrongful death claims. If you miss this deadline, the court may dismiss your case entirely, regardless of its strength. That’s why seeking timely legal counsel can be the difference between a successful outcome and a lost opportunity.
Another key aspect is comparative negligence. Nevada follows a modified comparative fault rule, meaning if you are found to be more than 50% at fault, you cannot recover any damages. If you are less than 50% at fault, your total compensation may be reduced proportionally under Nevada Revised Statutes (NRS) § 41.141. Insurance companies often try to shift blame to injury victims, especially in high-value claims involving physical and emotional distress. A qualified legal team can push back on those tactics by gathering evidence to clearly determine liability and protect your financial recovery.
Don’t wait until deadlines are looming or liability disputes escalate; understanding Nevada’s legal framework early on gives your case a stronger foundation.
Why You Need a Personal Injury Lawyer
Facing a serious injury can leave victims overwhelmed by medical costs, lost income, and emotional trauma. A qualified personal injury lawyer plays a vital role in not just filing paperwork, but in securing fair compensation for every aspect of your suffering, from hospital bills to the emotional toll of disfigurement or permanent disability.
At a time when insurance companies minimize payouts and shift blame, having the right personal injury law firm can change everything. Skilled attorneys focus on helping car accident victims and others injured due to negligence by building strong cases backed by medical records, expert testimony, and investigative evidence. They know how to determine liability, deal with delay tactics, and negotiate settlements that reflect the full value of your claim.
Most importantly, many personal injury lawyers work on a contingency basis, meaning you don’t pay legal fees unless they win your case. This approach ensures that financial pressure doesn’t block access to justice for victims of burn injuries, medical malpractice, or wrongful death claims.
You Deserve Justice Beyond Policy Limits
You shouldn’t have to settle for less than what you need to recover from a low policy limit burn injury. If you suffered harm due to reckless driving, negligent behavior, or were injured by an uninsured or underinsured driver, you still have legal options available.
Pursuing excess judgments allows burn survivors to move beyond minimal coverage and aim for maximum compensation, including emotional distress and future medical care.
If you’re overwhelmed by the legal process, remember this: you’re not alone, and you have rights. Let Bourassa Law Group help you explore every avenue to recover compensation and pursue the justice you deserve. Contact us today for a free consultation.
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