Sam Harding Law Firm

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Las Vegas Personal Injury Lawyers
Explaining Comparative Negligence

Not every Nevada personal injury lawsuit involves the simple situation of a plaintiff being totally without fault and a defendant being completely at fault for the injuries that the plaintiff suffered. Many of these Nevada personal injury cases involve fault and potential negligence by both the plaintiff and the defendant.

Fortunately, Nevada personal injury laws account for these situations, and below you’ll find a brief overview of the Nevada concept of comparative fault, which is the concept that describes a situation where both parties share at least part of the blame for the injuries and damages suffered by the plaintiff.

Nevada Comparative Fault
The Modified System

Comparative fault describes the legal approach to situations where both parties to a Nevada personal injury lawsuit must take a portion of the blame for the incident that led to the filing of the action. There are different types of approaches used in different jurisdictions, but Nevada uses what’s known as the ‘Modified Comparative Fault’ system.

Basically, what modified comparative fault calls for is a separation of the percentage of fault for a situation. For instance, if the case involves a car accident where the plaintiff is 10 percent at fault and the defendant is 90 percent at fault, then the plaintiff would ultimately recover 90 percent of the damages he or she originally sought. The 10 percent reduction accounts for the portion of fault that’s been assigned to the plaintiff.

However, in a modified system, the plaintiff must be in compliance with what’s generally known as the ’51 percent rule,’ which means that the plaintiff must be found to be less than 51 percent at fault for the result that led to the lawsuit. If the plaintiff is found to be 51 percent at fault or more, then the plaintiff by law cannot recover damages.

Courts will come to a decision regarding the percentages of fault for each of the parties based on the facts of the case that are presented into evidence, and this decision is made by a jury after obtaining instructions from the judge regarding how such a decision should be made. There is no tangible equation to use, but juries are expected to use proper judgment in reaching this decision.

Therefore, if you have been injured by someone else and you’re concerned that you may be partially at fault, you need to contact an experienced Las Vegas personal injury lawyer who can help you decide how to proceed. Contact the Sam Harding Law Firm today to schedule a free initial consultation, as the firm has been successfully helping people through these situations for many years.



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Sam Harding


Sam Harding
Caring, Dedicated and Committed to Justice

Since 1975, Mr. Harding has practiced in the area of personal injury litigation in Nevada. He has represented clients in personal injury cases including but not limited to wrongful death cases, brain injury cases, product liability cases, automobile accident cases, aircraft crash cases, dog bite cases, slip and fall cases, nursing home abuse cases and defamation cases.


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About Sam Harding

Mr. Harding is a member of the Nevada Trial Lawyers Association and the American Bar Association. He has been lead trial counsel in over one hundred jury trials. Mr. Harding is a member of ABOTA (American Board of Trial Advocacy). Mr. Harding is an AV rated attorney in Martindale-Hubble.

Nevada Auto Accidents

The Sam Harding Law Firm knows Nevada motor vehicle law. Our proven track record of court settlements is one of the best of any firm representing the injured from car crashes, motorcycle accidents, trucking and big-rig accidents and other motor vehicle related accident related injuries.

Catastrophic Injury Cases

For over three decades The Sam Harding Law Firm has been helping victims of serious injury in Nevada. From nursing home abuse and neglect to serious injuries such as traumatic brain injury (TBI), spinal cord injuries and more. Let Sam Harding go to work for you. We handle all cases on a personal level. We are caring, dedicated and committed to justice.

Contact Us

Sam Harding Law Firm

500 South 8th Street

Las Vegas, Nevada 89101

tel 702.333.7777 fax 702.384.5731