In Nevada, like in many other states, personal injury lawsuits can be complex and challenging to navigate. Plaintiffs (those who file the lawsuit) often face the daunting task of proving that the defendants (those being sued) were entirely responsible for the injuries they suffered. However, Nevada follows the comparative negligence rule, which might affect the amount of compensation awarded to the plaintiffs. This article will explain the ins and outs of comparative negligence and its role in Nevada’s personal injury lawsuits.
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What is Comparative Negligence?
Comparative negligence is a legal principle that allows for the allocation of fault between multiple parties involved in an accident or incident. The rule states that an injured person’s damages are reduced by their percentage of fault in the incident. In other words, if you were partially responsible for the accident that caused your injury, your compensation would be reduced by a proportional amount.
Types of Comparative Negligence
There are two types of comparative negligence that apply in Nevada’s personal injury cases:
1. Pure Comparative Negligence
Nevada follows the pure comparative negligence rule, meaning that the plaintiff can recover damages from a defendant even if the plaintiff’s percentage of fault is greater than the defendant’s. For example, if you were in a rear-end collision, but you were also texting while driving, a court would allocate percentages of fault between you and the defendant and reduce your compensation by your share of fault.
2. Modified Comparative Negligence
Under the modified comparative negligence rule, the plaintiff can only recover damages if their percentage of fault does not exceed a certain limit. Most states follow the 50% rule, meaning that if the plaintiff’s fault is equal to or greater than 50%, they are not entitled to any compensation. Nevada, however, follows a 51% threshold, which means that the plaintiff’s fault cannot represent more than 50% of the total fault.
How Comparative Negligence Works in Nevada
In Nevada, comparative negligence affects the overall amount of damages awarded to a plaintiff. Suppose a plaintiff is found to be partially responsible for their injuries. In that case, the court allocates fault percentages to all parties involved in the accident or incident that caused the injury. The court then reduces the plaintiff’s compensation by their percentage of fault in the accident.
For example, suppose a driver runs a red light, causing a car accident that results in a plaintiff’s injuries. If the court determines that the plaintiff was 30% at fault for the accident, they would deduct 30% from the plaintiff’s total damages award.
Importance of Seeking Legal Assistance
Comparative negligence can significantly affect the amount of compensation you may recover in a Nevada personal injury lawsuit. That’s why it is essential to seek the advice of a qualified legal professional with experience handling personal injury cases, such as a personal injury lawyer in Nevada. An experienced attorney can help you navigate the complexities of comparative negligence and increase your chances of a successful claim.
Final Thoughts
Comparative negligence is a vital legal principle that can significantly affect the outcome of personal injury lawsuits in Nevada. By understanding how comparative negligence works and seeking the assistance of an experienced attorney, plaintiffs can ensure they receive the compensation they are entitled to. In conclusion, if you feel you have a personal injury claim, contact a personal injury lawyer in Nevada today to help you through the process.