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The Nature of Comparative Negligence in Nevada
January 16, 2013
personal-injury

personal-injuryThere are many situations that arise in Nevada every year where someone is badly injured or worse because of the actions of someone else, even though the person responsible for that harm had no intention of inflicting it. These situations do not call for the involvement of the criminal courts in many instances because there was no intent to harm and there was no reckless disregard for the safety of others. However, people who have been injured because of these actions need and deserve to have legal options available that provide them with an outlet for relief.

These options include those which are provided under the personal injury laws of Nevada. Many people who have been injured by someone else can and do respond by filing Nevada personal injury lawsuits based on allegations that the defendant acted in a negligent manner. Below is a brief overview of what needs to be proven in order for such a case to ultimately lead to awards of damages. Anyone who has been injured by someone else needs to obtain the help of Las Vegas injury lawyers as soon as possible.

Legal Duty of Care

The first element that needs to be proven in this type of a lawsuit is that the defendant owed the plaintiff a legal duty of care. This legal notion essentially states that the plaintiff was owed a level of protection from conduct by the defendant that would have placed him or her in a position of unreasonable risk of harm. This is established by the facts of the situation at issue.

Breach of Legal Duty

After a plaintiff has proven that the legal duty of care existed, he or she must then prove that the defendant in a lawsuit breached that duty of care. This is the essence of negligence, in that courts will decide whether or not this duty was breached by using the ‘reasonable person’ standard. Basically, if the court believes that the defendant did not act as a reasonable person would have in a similar situation, then he or she breached that legal duty.

Causation

The third and most difficult element with regards to Nevada personal injury lawsuits based on negligence is known as causation. This element has confused Nevada injury attorneys and judges for years, and at its most elementary level it can be explained as the plaintiff having to prove that the conduct of the defendant caused the harm that was suffered.

Damages

Finally, a plaintiff must prove that he or she suffered actual damages as a result of the incident in question. These damages can be direct and tangible such as with medical bills or lost income, or they can be intangible and include such forms of loss as pain and suffering, emotional distress, loss of companionship and others.

If you or someone you love has been injured by someone else, you need to seek the help of Las Vegas injury lawyers who have been fighting for the rights of clients for many years. Contact the Sam Harding Law Firm today to schedule a free initial consultation.

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