Accidents can happen anywhere, anytime, and to anyone, but if you are injured due to someone else’s negligence or recklessness, you may be eligible for compensation. Personal injury lawsuits in Nevada can be complex, and determining who is at fault can be challenging. In this article, we will discuss how fault is determined in a personal injury lawsuit in Nevada.
Table of Contents
Negligence and Personal Injury Lawsuits
Negligence is a central concept in personal injury lawsuits. Negligence is broadly defined as the breach of a duty owed to another person. In simpler terms, negligence is the failure to exercise reasonable care that a prudent person would have exercised in the same or similar circumstances, leading to harm or injury to another person.
In Nevada, determining fault is based on negligence. If you have been injured in an accident, you must prove that the other party was negligent and that their negligence caused your injuries.
Comparative Negligence and Fault
In Nevada, the comparative negligence doctrine is used to determine fault in personal injury cases. Comparative negligence recognizes that more than one party may share fault for an accident, and each party is responsible for their share of the damages.
Comparative negligence means that the injured party’s compensation will be reduced by their percentage of fault in the accident. For example, if you were 10% responsible for an accident that caused $100,000 in damages, your compensation would be reduced by 10%, and you would receive $90,000.
Proving Fault in Nevada
In Nevada, to prove negligence, you must show the following:
- The defendant owed you a duty of care.
- The defendant breached that duty of care.
- The defendant’s breach of duty caused your injuries.
- You suffered damages as a result of your injuries.
To prove negligence in court, you must provide evidence that demonstrates the defendant’s negligence. This may include medical records, witness testimony, police reports, and other documents that support your case.
Contributory Negligence
Contributory negligence is when the injured party’s own negligence contributes to their injuries. In Nevada, contributory negligence may reduce the amount of damages a plaintiff can recover.
If the plaintiff is found to have contributed to their injuries, their compensation will be reduced by their percentage of fault. For example, if a plaintiff was found to be 25% responsible for their injuries, their compensation would be reduced by 25%, and they would receive 75% of the damages.
Statute of Limitations
In Nevada, the statute of limitations for personal injury lawsuits is two years from the date of the injury. This means that if you do not file your lawsuit within two years, you may lose your right to compensation.
Conclusion
In conclusion, personal injury lawsuits in Nevada require the injured party to prove negligence. Fault is determined using the comparative negligence doctrine, which recognizes that more than one party may share fault for an accident. To prove negligence, the plaintiff must show that the defendant owed a duty of care, breached that duty of care, caused their injuries, and that they suffered damages as a result.
Contributory negligence may also reduce the amount of compensation the plaintiff can receive. It is important to file your lawsuit within two years of the injury, or you may lose your right to compensation. If you have been injured due to someone else’s negligence, it is essential to speak with an experienced personal injury attorney to understand your rights and legal options.