If you were injured at a casino and believe the casino was at fault, you may wonder about your legal options and how much you could receive in a settlement. When casino guests are injured due to negligence, the property can be liable for damages in a personal injury claim. The amount of compensation awarded in settlements for such claims depends on numerous factors, taking into account both the financial and personal difficulties caused by the injury.

At the Cottle Firm, our Las Vegas casino injury lawyers help our clients fight for the compensation they deserve for injuries caused by negligence. Contact us today at 702-834-8000 to discuss how much your claim might be worth in a free consultation.

Why There’s No Single “Average” Settlement Amount

A common misconception about personal injury claims is that there is a set “average” settlement amount. In reality, settlements are case-specific. The same type of injury could result in vastly different settlement amounts depending on factors like evidence, legal representation, and jurisdiction.

For example, a minor slip-and-fall that results in a sprained ankle may lead to a settlement of a few thousand dollars, while a severe head injury with permanent complications could result in a six-figure payout. Each case is unique, which is why broad averages can be misleading.

Factors That Influence Casino Injury Settlement Amounts

When you file a personal injury claim, the compensation you seek is based on several factors. Here is a look at the main factors that influence settlement amounts for casino injuries.

Severity of the Injury

Injury severity is one of the most important factors when determining damages in a personal injury claim. Generally speaking, the more serious your injury, the higher the potential settlement. 

The long-term impact of the injury is a key factor in personal injury claims. For example, if the injury causes permanent disability or results in chronic pain, the settlement amount is likely to be higher to account for ongoing medical expenses, loss of quality of life, and loss of potential future earnings.

Medical bills, the cost of rehabilitation, and the need for long-term care will all factor into the settlement calculation. The more extensive the medical treatment required, the higher the settlement amount. 

Other non-economic factors are also considered. Severe injuries also often involve psychological harm to the victim, which could result in damages for emotional distress. If the injury has affected the victim’s relationships, they could also be awarded damages for loss of consortium. 

Degree of Casino Negligence

To file a successful claim for a casino injury, you must prove that the casino was at fault and that your injury would not have occurred if not for their negligence. The level of negligence involved in your case will likely influence the settlement amount.

Casinos, like all businesses, have a legal duty to maintain a safe environment for their guests. This legal duty is known as premises liability. When a casino fails to uphold this duty, it may be considered negligent. Some common forms of negligence in casinos include:

  • Poor Maintenance: If the casino fails to maintain its property, such as not cleaning up a spilled drink or not fixing broken flooring, it can be held liable for accidents that occur as a result of this failure.
  • Inadequate Lighting: Poor lighting in walkways, staircases, or parking lots can put casino guests at risk. If an injury occurs due to inadequate lighting, the casino may be found to be negligent.
  • Failure to Train Employees: Casino staff members are responsible for keeping the property safe. If they fail to properly supervise guests or neglect their duties (e.g., not cleaning up hazards), the casino may be deemed negligent.
  • Unsafe Conditions: Other unsafe conditions, such as wet floors, obstructed walkways, or defective furniture, can result in serious injuries. If these conditions are not addressed within a reasonable amount of time and a casino guest gets hurt, the casino may be liable.

Jurisdiction

The jurisdiction in which the casino injury occurs can have a significant impact on your case. Laws regarding personal injury claims differ from state to state, and these laws can influence how much compensation you may be able to recover.

If you were injured at a Nevada casino, there are a couple of state laws relevant to your case. One important aspect to consider is the statute of limitations, which is the time limit for filing a personal injury claim. In Nevada, you generally have two years from the date of your injury to file a lawsuit. If you wait too long, you may lose your right to take legal action.

Nevada also follows a comparative negligence rule (NRS 41.141) when evaluating fault in personal injury claims. This means that even if you were partially at fault for the accident, you may still be entitled to compensation. However, the amount will be reduced based on your percentage of fault. For example, if you were found to be 20% responsible for your injury and were awarded $50,000 in a settlement, the final amount would be reduced to $40,000.

Other jurisdictions may have different rules. In some states, the law may be more favorable to injured parties, while in others, it may be more difficult to win a personal injury case. It’s important to consult with an experienced personal injury attorney familiar with the laws in the state where your injury occurred.

Insurance Policy Limits and Coverage

Casinos are required to carry liability insurance to cover accidents that occur on their premises. The amount of insurance coverage can significantly affect the settlement amount. If the casino has high liability coverage, your settlement could potentially be higher, especially in cases involving severe injuries.

However, if the casino’s insurance policy has a low limit, you may only be able to recover a portion of your damages through the insurance company. In these cases, you may seek additional compensation by filing a personal injury claim against the casino directly for damages exceeding the insurance coverage.

Typical Settlement Ranges for Nevada Personal Injury Claims

The settlement amount for a casino injury case can vary greatly depending on the specifics of the injury and other factors. Below are typical settlement ranges for different types of injuries:

  • Minor Injuries: Settlements for minor injuries, such as sprains or soft tissue damage, typically range from $3,000 to $10,000. These injuries usually require minimal medical care and have a short recovery period.
  • Moderate Injuries: Injuries that involve fractures, significant sprains, or injuries requiring physical therapy often result in settlements between $10,000 and $75,000. The broader range accounts for varying medical expenses and recovery times.
  • Severe Injuries: Cases involving severe injuries, such as traumatic brain injuries, spinal cord injuries, or injuries resulting in long-term disability, can result in settlements exceeding $75,000. In some cases, these settlements can reach six or even seven figures.

The Casino Injury Settlement Process

The settlement process for a casino injury involves several stages, from filing an initial claim to negotiating with insurers and potentially pursuing litigation if a settlement cannot be reached.

Step 1: Filing a Claim

The first step in seeking compensation is filing a formal claim. This involves reporting the injury, gathering evidence, and obtaining medical documentation to support the case.

Immediately after a casino injury, the victim should:

  • Report the incident to casino management.
  • Seek medical attention and document injuries
  • Gather evidence (photos, witness statements, security footage requests).
  • Contact a personal injury lawyer for guidance.

Step 2: Settlement Negotiations with the Casino’s Insurer

Once a claim is filed, the casino’s insurance provider will investigate the incident. This process may involve reviewing security footage, speaking to witnesses, and assessing medical records. The insurance company’s goal is to minimize its payout, so claimants should expect pushback.

Common insurer tactics for reducing or denying payouts include:

  • Offering a low initial settlement in hopes that you will accept less than you deserve.
  • Disputing the severity of the injuries or the necessity of medical treatment.
  • Attempting to shift blame onto the injured party.

A skilled Las Vegas casino injury lawyer will understand these tactics and how to counter them during settlement negotiations. 

Step 3: Settlement vs. Lawsuit

Most casino injury claims are resolved through settlements, but some may proceed to trial if negotiations fail. Settlements are often faster and less expensive negotiations, which often makes them the preferred outcome for both parties.

The following factors can influence whether a case ends with a settlement or goes to trial:

  • If liability is clear, the casino may settle quickly to avoid legal fees.
  • If the insurance company refuses to offer a fair amount, filing a lawsuit may be necessary.
  • Strong evidence increases the chances of a higher settlement.

If a case does proceed to trial, the timeline of the case will be significantly longer. While trials do offer the potential for larger payouts, they also come with risks, including the possibility of receiving nothing if the court rules in favor of the casino.

Learn More From Our Las Vegas Casino Injury Lawyers

If you’ve been injured at a casino and are curious about your legal options, the team of dedicated Las Vegas casino injury lawyers at the Cottle Firm is here to help. We can evaluate your case, help you determine if you have grounds for a claim, and guide you through each step of the claims process. Contact us today to discuss your casino injury claim at 702-834-8000.