In Nevada, it is possible to recover compensation from someone who was partly or entirely at fault for your injuries. This is known as a comparative negligence approach.
If you have been injured in an automobile accident caused by another driver’s negligence, then it is important that you understand how the law will treat your case. If you hire an attorney without understanding this process first hand, then he or she may not be able to adequately represent your interests during negotiations with insurance companies or court proceedings.
In Nevada, comparative negligence is a way of assigning responsibility for an accident and allows you to recover damages even if you are partially at fault. Stay with us to learn what this means for drivers.
How does Comparative Negligence Work?
In Nevada, drivers are responsible for their own actions. They can’t blame someone else for their own mistakes or negligence. However, if you were partially at fault for an accident and it caused injury or property damage to another person or vehicle, then your damages will be reduced by a percentage based on how much responsibility the court determines you had in causing the accident.
Comparative negligence laws are different from state to state; however, they generally follow one of two models: pure contributory negligence or modified comparative negligence (sometimes referred to as partial responsibility). The two most common forms of comparative negligence law are:
- Pure Contributory Negligence – Under this system, any party involved in an accident who was even 1% at fault cannot recover anything from anyone else involved in the incident.
- Modified Comparative Negligence – Under modified comparative negligence laws each party’s percentage share of blame will be determined by comparing how much each contributed toward causing injuries.
If you are injured in a car accident, it is important to understand how the law will look at who was at fault. If you can’t prove that another party was negligent, then you may not be able to recover damages.
To understand how comparative negligence works in Nevada, let’s take a closer look at an example: You were driving down the road and had stopped at a stop sign when someone rear-ended your vehicle. The impact caused significant neck injuries that required surgery and physical therapy for several months after the accident occurred.
You seek compensation from this driver but discover during discovery that he has no insurance policy on his vehicle. Therefore, they cannot pay any damages awarded by a jury or judge as part of their verdict against him!
We hope this article has given you a better understanding of how comparative negligence works in Nevada. If you were injured in a car accident, it is important to understand how the law will look at who was at fault and whether or not you can recover damages from another driver’s negligence.
The Bourassa Law Group has extensive experience in dealing with car accidents in Nevada. Don’t wait—seek legal help today! So, call us at (800)870-8910 for a free consultation to learn about our legal services, and let us help you get the compensation you deserve.
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