Las Vegas Personal Injury Lawyers
The Sam Harding Law Firm
People are seriously injured or worse because of negligent, reckless or even intentional acts by others at an alarming rate in Nevada, and when these situations arise those who have been harmed must take immediate steps to protect and enforce their legal rights. Unfortunately, people who are forced into this position are often unaware of how they should proceed to make sure they are properly protected.
That’s why anyone who has been harmed or anyone who has lost a loved one should obtain the help of experienced Las Vegas personal injury lawyers as soon as possible. Below you will find a brief overview of the basic standards of proof that are related to Nevada personal injury law with regards to negligence. Each of these elements must be proven successfully in order for a plaintiff in a Nevada personal injury lawsuit to obtain a favorable verdict.
Duty of Care
The first element of proof in a Nevada personal injury lawsuit for negligence involves the presence of a duty of care. A duty of care is basically a legal requirement that a defendant owed the person or people who were harmed a duty to not act in a way that placed those injured people in danger. This duty of care extends to people who could be foreseen to be put at risk by the defendant’s actions.
Breach of the Duty of Care
Once a plaintiff in a Nevada personal injury lawsuit has established that a duty of care existed for the defendant, he or she must then prove that the defendant breached this duty. This is done by using what’s known as the ‘reasonable person’ test. Specifically, a court will review a situation and apply what a reasonable person would have done in a similar situation. If the defendant did not act in a way a reasonable person would have under those circumstances, then it’s likely that he or she breached that duty of care and was therefore negligent.
One of the most difficult elements of Nevada personal injury law involves causation with regards to proving that a defendant should be liable for damages in a Nevada personal injury lawsuit. Causation is the element that requires that the actions of the defendant caused, either directly or indirectly, the harm that was suffered by the plaintiff in the lawsuit. There are many different specific tests and exceptions that apply to this element.
Finally, if a plaintiff proves all of the elements above, he or she must also prove that actual damages were incurred. These damages can be proved by way of direct and tangible losses such as medical costs or lost income, or they can be proved by way of intangible losses such as pain and suffering or emotional distress.
As can be seen above, Nevada personal injury law as it relates to negligence requires legal knowledge and skill in order to prevail in a lawsuit. If you or someone you love has been harmed by someone else, seek the help of Las Vegas personal injury lawyers who have been holding those responsible for this type of harm accountable for many years. Contact the Sam Harding Law Firm today to schedule a free initial consultation.