Were you involved in an accident in Nevada? If so, fault will likely determine liability for your claim and how much you are entitled to receive. Here is where it gets challenging: Multiple parties may bear legal liability (fault) for the same accident and determining that fault can be difficult. You could even be held partially responsible for your own injuries. In Nevada, these cases fall under the state’s modified comparative negligence standard. At Ace Law Group, we want to make sure that you have the knowledge and resources that you need to get justice after a bad accident and to have a realistic understanding of what your case may be worth. Within this article, our Las Vegas personal injury lawyers highlight the key things to know about comparative negligence in Nevada.
Multiple Parties May Bear Liability for the Same Accident
To hold another party legally responsible for your injuries in Nevada, you will generally need to prove that they bear “fault” for your accident. In some cases, liability is clear and one negligent party bears full responsibility for an accident. However, that is certainly not always how it works. In a personal injury claim in Nevada, liability may be shared among multiple parties, each contributing to the incident. Each party will be legally responsible for their proportionate “share” of the accident.
Nevada is a Modified Comparative Negligence Jurisdiction
Nevada operates under a modified comparative negligence standard (N.R.S. § 41-141). The system has a dramatic effect on how damages are awarded in personal injury cases and our law firm is here to help. You can still recover financial compensation even if you are partially at fault for your own accident. However, under Nevada law, you can only do so if your level of fault is 50 percent or less. Notably, if you are partially at fault for your injuries, your financial recovery will likely be reduced proportionally to your degree of blame. Every percentage point of fault matters.
Understanding Comparative Negligence Through Examples
The easiest way to understand comparative negligence in Nevada is through examples. Here are three examples of how comparative negligence works in personal injury claims in our state:
- Car Accident (0% Fault): Imagine that you were fully stopped at a red light on the Las Vegas Strip. You then get rear-ended by another driver who was texting. You suffered $10,000 in damages and you are deemed 0 percent at fault for the accident. Under Nevada’s laws, you can seek full compensation from the at-fault driver. You would bear no liability and you would be eligible to seek the full $10,000 in damages.
- Truck Accident (25% Fault): Imagine that you were involved in a truck accident caused primarily by a trucker who made an unsafe lane change. However, police determined that you were speeding, and that contributed to the crash. You suffered $40,000 in damages but were deemed 25 percent at fault for your own accident. As such, you would only be eligible to recover for $30,000. You would bear liability for 25 percent of your damages ($10,000).
- Pedestrian Accident (75% Fault): Imagine that you were hurt in a pedestrian crash in Downtown Las Vegas. However, an investigation determined that you were dangerously jaywalking and got in front of an oncoming car. You suffered $20,000 in damages and you were found to be liable for 75 percent of your own injuries. Under Nevada’s modified comparative negligence rule, you would be barred from receiving any compensation because you were found liable for the majority of your own accident.
We Help Injured Victims Navigate Comparative Negligence Claims in Nevada
The personal injury claims process is complicated—particularly so when there is a dispute over liability. At Ace Law Group, we have extensive experience helping victims and families navigate Nevada’s modified comparative negligence standard. It is our mission to help you secure the maximum financial compensation, including for economic damages and intangible losses. With a history of verdicts and settlements across a broad range of personal injury cases, our Las Vegas attorney invests time, resources, and attention to detail into each and every case that we take on.
Call Our Las Vegas Personal Injury Lawyer for a Free Case Review
At Ace Law Group, our Las Vegas personal injury attorneys have the professional expertise that you can trust when it matters most. If you have any questions about comparative negligence, we are here to help. Call us at (702) 333-4223 or send us a message online for a free case evaluation. With a legal office in Las Vegas, we fight for the rights of victims and families throughout Southern Nevada.