Many people who have never experienced a Nevada personal injury lawsuit likely visualize situations where one person is completely at fault and another person is badly injured as a result as a typical chain of events that leads to a claim being filed. However, that is not necessarily the case, as there are many legal claims that arise where both parties involved in a lawsuit were at least partially at fault for what occurred. Unfortunately, too many people who may have the ability to recover compensation never fully explore their legal rights because they believe that since they were partly to blame for what happened that they should not bother with pursuing a recovery.
Nevada, like every other jurisdiction, has laws in place that deal with these situations. Below you will find a brief overview of the standards and norms that relate to comparative negligence in the state. You will also find an example of how such a situation could play out in terms of damages. Anyone who has been injured by someone else needs to obtain the help of Las Vegas injury lawyers as soon as possible.
There are several different standards and theories that apply in different jurisdictions when it comes to comparative fault cases. Nevada is one of the states that follows what is known as a ‘modified’ standard of comparative fault. Basically, this modified standard states that if someone is injured in an incident, that injured party can recover damages from the other person, but those damages will be reduced by the percentage that the plaintiff was at fault.
Nevada is considered to be a ‘modified’ comparative fault jurisdiction because, as the statute states, “the comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.” What that means is that as long as a plaintiff is not more than 50 percent at fault for the incident that led to the legal claim, he or she can still recover damages.
For example, if two people are in a car accident and a person who was injured in the crash files a lawsuit against the other person because that injured party has incurred $100,000 in damages, he or she can still recover damages as long as he or she was no more than 50 percent at fault. If the plaintiff was 25 percent at fault, he or she would still recover $75,000 in damages. If the plaintiff was 51 percent at fault, there would be no recovery of compensation if the defendant asserted this defense.
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 those harmed for many years. Contact the Sam Harding Law Firm today to schedule a free initial consultation.