When it comes to personal injury lawsuits, one of the most commonly misunderstood concepts is that of comparative negligence. Nevada follows a comparative negligence system for determining liability in personal injury cases. This means that even if the injured party may have contributed to their own injuries, they may still be able to recover some compensation for their damages.
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Understanding Comparative Negligence in Nevada
Comparative negligence means that each party’s degree of fault is considered in determining the damages that may be recovered. This system allows the injured party to recover a portion of their damages even if they are partially at fault for the accident that caused their injuries.
For example, let’s say that someone is injured in a car accident and the court determines that they were 20% at fault for the accident because they were not wearing their seatbelt. If the total damages in the case were $100,000, the injured party would be able to recover $80,000 (80% of the damages) from the other driver or their insurance company.
Pure Comparative Negligence
In Nevada, the comparative negligence system is a "pure" comparative negligence system. This means that even if the plaintiff is found to be 99% at fault for the accident, they may still be able to recover 1% of their damages.
Contrastingly, some states follow a modified comparative negligence system in which the plaintiff can only recover damages if they are found to be less than 50% or 51% at fault, depending on the state.
How Comparative Negligence Works in Practice
In a personal injury case, the jury will typically be asked to determine the total amount of damages that the injured party has suffered. This includes medical bills, lost wages, pain and suffering, and any other damages that the plaintiff can prove they incurred as a result of the defendant’s negligence.
Next, the jury will be asked to determine the percentage of fault for each party involved. The plaintiff’s percentage of fault is based on any actions or omissions that may have contributed to their injuries, such as not wearing a seatbelt or being distracted while driving.
Finally, the plaintiff’s damages are reduced by their percentage of fault. Using the example above, if the plaintiff’s damages were $100,000 and they were found to be 20% at fault, their damages would be reduced by $20,000. They would then be able to recover $80,000 from the other party.
Why Is Comparative Negligence Important?
Comparative negligence is important because it allows injured parties to recover some amount of compensation for their injuries even if they were partially at fault for the accident that caused their injuries.
Without comparative negligence, an injured party who was even slightly at fault for their injuries might not be able to recover any damages at all. This would be especially unfair in cases where the other party was much more at fault but the injured party had some small degree of fault.
How an Attorney Can Help
If you have been injured in an accident and you believe that you may have some degree of fault, it is important to speak with an experienced personal injury attorney. An attorney can help you understand your legal rights and the potential for recovering compensation for your injuries.
An attorney can also help you gather evidence to support your case, negotiate with insurance companies, and represent you in court if necessary. With the help of an attorney, you can be sure that your case is being handled properly and that you are able to recover the compensation you deserve.
Final Thoughts
Comparative negligence is an important concept in personal injury law. It allows injured parties to recover compensation even if they were partially at fault for their injuries. If you have been injured in an accident and you believe that you may have some degree of fault, it is important to speak with an attorney who can help you understand your rights and the potential for recovery.