If you’ve been injured in an accident in Nevada, understanding how the state’s comparative negligence law works is crucial to determining how much compensation you may be entitled to receive. Nevada follows a modified comparative negligence rule, which can significantly impact your personal injury claim depending on the level of fault assigned to each party involved. Led by Preston Rezaee, Esq., The Firm is a premier personal injury law practice in Las Vegas, dedicated to delivering justice for accident victims. With a reputation for relentless advocacy and client-focused representation, The Firm ensures injured individuals receive the compensation they deserve, even in cases where fault is disputed.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how fault is distributed among parties in an accident. Under this system, an injured party may still recover damages even if they were partially responsible for the accident.
Nevada’s Modified Comparative Negligence Rule
Nevada follows a 51% modified comparative negligence rule. This means:
- You can recover compensation as long as you are less than 51% responsible for the accident.
- If you are found to be 51% or more at fault, you are barred from recovering any damages.
- If you are found to be partially at fault but still under 51%, your compensation will be reduced in proportion to your level of fault.
For example, if you were awarded $100,000 in damages but found to be 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000.
How Fault Is Determined in a Nevada Personal Injury Case
To determine fault, insurance adjusters, attorneys, and sometimes a jury will evaluate evidence such as:
- Police reports
- Witness statements
- Medical records
- Video footage
- Expert testimony
Examples of How Comparative Negligence May Affect Your Claim
Example 1: Car Accident with Shared Fault
You were involved in a car accident where the other driver ran a red light, but you were speeding. The court finds you 30% at fault, meaning you can still recover damages, but your compensation will be reduced by 30%.
Example 2: Slip and Fall Case
You slipped on a wet floor in a grocery store, but security footage shows you were looking at your phone and not paying attention. The court assigns you 40% fault, meaning you can still recover damages, but your total award will be reduced accordingly.
What If the Insurance Company Blames You?
Insurance companies often try to shift blame onto the injured party to minimize their payout. If an insurer claims you were more than 51% at fault, having an experienced attorney can help:
- Gather and present evidence that supports your claim
- Challenge unfair fault assignments
- Negotiate for a fair settlement
How an Attorney Can Help Your Case
A personal injury attorney can:
- Investigate your accident to gather crucial evidence
- Negotiate with insurance companies to fight back against lowball offers
- Represent you in court if your case goes to trial
Nevada’s comparative negligence law can significantly impact your personal injury claim. If you’ve been injured in an accident and are concerned about how fault may affect your compensation, consulting with an experienced attorney is crucial to protecting your rights and maximizing your recovery.
When it comes to choosing an attorney, experience matters. You need aggressive, competent, and personalized legal representation and that is what you’ll get with Preston Rezaee, Esq. and The Firm. Retaining the right firm to assist you with your case will affect the outcome and the amount of money you will receive. At The Firm, we strive to distinguish ourselves from commercialized law firms handing hundreds of cases per month. For cases relating to personal injury, we have developed personal relationships with highly qualified medical professionals in Clark County to ensure that our clients not only receive the best legal representation, but also the best medical treatment available. If you’ve been injured in Southern Nevada, give us a call at 702-222-FIRM (3476).
The information provided in this article is for general informational purposes only and is not intended to constitute legal advice. The content is based on the author’s understanding of the subject matter at the time of writing and is not tailored to the specific circumstances of any individual or entity.
Nothing in this article should be construed as creating an attorney-client relationship or as a substitute for seeking legal advice from a licensed attorney. Legal matters can be complex and vary greatly depending on the jurisdiction and the specifics of the case. Therefore, we strongly encourage readers to consult with qualified legal counsel for advice regarding their individual circumstances.
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For specific legal advice, readers are urged to contact a licensed attorney in their jurisdiction.
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