When you are involved in a personal injury case in Nevada, one of the most important things to consider is the concept of comparative negligence. This legal principle can have a significant impact on the outcome of your case and the compensation you receive.
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What is Comparative Negligence?
Comparative negligence is a legal doctrine that applies when more than one party shares responsibility for an accident or injury. It allows a court to determine each party’s percentage of fault and assign liability accordingly. Essentially, it means that a plaintiff’s recovery in a personal injury case will be reduced by the percentage of their own fault for the injury.
How Does Comparative Negligence Work in Nevada?
Nevada follows a modified comparative negligence system. Under this system, a plaintiff can still recover damages even if they were partially at fault for the accident or injury. However, the amount of damages they receive will be reduced by their percentage of fault.
Nevada law uses a 51% rule for comparative negligence. This means that if a plaintiff is found to be 50% or less at fault for the injury, they can still recover damages from the other party. However, if they are found to be 51% or more at fault, they cannot recover any damages.
Example of Comparative Negligence in Nevada
To better understand how comparative negligence works in Nevada, consider the following scenario:
Bob and Sue are involved in a car accident. Bob was speeding, but Sue ran a red light and hit Bob’s car as a result. Bob suffers $10,000 in damages.
If a court finds that Sue was 80% at fault for the accident, Bob would be entitled to recover 20% of his damages from Sue. This means he would receive $2,000 in compensation.
However, if a court finds that Bob was also partially at fault for the accident – say, 20% at fault for speeding – then his damages would be reduced by that amount. In this case, his damages would be reduced by $2,000, leaving him with $8,000 in compensation.
Why is Comparative Negligence Important?
Comparative negligence is important in personal injury cases because it can impact the amount of compensation a plaintiff receives. If a plaintiff is found to be partially at fault for their own injury, they may not be able to recover as much compensation as they would have otherwise.
Additionally, comparative negligence can help encourage safe behavior and personal responsibility. If everyone is responsible for their own actions and is held accountable for their portion of fault, it creates a fairer and more just system.
Conclusion
Comparative negligence is an important legal principle to be aware of if you are involved in a personal injury case in Nevada. It can impact the amount of damages you are able to recover, and it is important to understand how it works and how it may affect your case. If you have questions about comparative negligence or need help with a personal injury case, it is important to consult with an experienced attorney.