Nevada is an at-fault state for personal injury claims. You must prove the other party caused your injury to recover compensation for damages. However, being partially to blame for causing an accident or injury could result in a reduction in compensation under Nevada’s contributory fault law.
What Is Contributory Fault?
Contributory fault addresses situations where multiple parties may share some of the blame for an accident. States use different frameworks to evaluate the issue. For example, a few rare states use a system called “contributory negligence,” whereby an accident victim cannot recover compensation if they share even 1% of the blame for their injuries.
Most states have moved to a pure comparative negligence standard for assigning damages for a personal injury claim. Under pure comparative negligence, the victim is not barred from receiving damages if they are partially at fault for causing their injuries. However, their level of fault reduces the amount of compensation they receive.
Therefore, suppose a victim was 60% at fault for causing their slip and fall accident. In that case, they would only be entitled to 40% of their damages.
Nevada Uses a Modified Comparative Negligence Standard
Other states, including Nevada, have adopted a modified comparative negligence standard that is just like pure competitive negligence but with a bar to recovery. The bar is set at either 50% or 51%, depending on the state. Nevada falls in the latter category.
Nevada Revised Statue §41.141 states a person is not barred from recovery if they are negligent in causing their injuries unless their negligence is greater than the negligence of the other parties involved in the case.
Therefore, you cannot be 51% or more at fault for causing your injury to receive compensation for your damages. In other words, you cannot recover damages if you are 51% or more to blame for causing an accident.
However, if your fault is less than 51%, you can recover some money for your claim. The court can reduce the amount of the jury award by your percentage of fault.
Suppose a jury found you to be 20% at fault for causing a pedestrian accident. According to Nevada’s modified comparative negligence law, you could receive up to 80% of the value of your damages.
Proving Fault for a Personal Injury Claim in Las Vegas, NV
Negligence is the basis for many personal injury claims in Nevada. You have the burden of proving negligence to recover compensation for an accident claim. The legal elements an injured victim must prove to establish fault and liability are:
- The person who caused your injury owed you a legal duty of care
- The person’s conduct breached their duty of care
- The person’s breach of duty was the proximate and direct cause of your injury
- You incurred damages and harm because of the person’s conduct
If you prove your case, you can recover compensation for damages. Economic damages represent the monetary losses associated with your accident and include, but are not limited to:
- Medical bills and expenses
- Property damages
- Loss of income and wages
- Out-of-pocket expenses
- Personal care and household services
- Rehabilitative therapies
Non-economic damages represent the pain and suffering you experience because of the accident and your injuries. These damages include, but are not limited to:
- Emotional distress
- Physical discomfort and pain
- Loss of enjoyment of life
- Mental anguish
- Scarring and disfigurement
Victims who sustain permanent impairments can also receive future damages. These damages include diminished quality of life, ongoing medical care, and reduced earning capacity.
How Can I Reduce the Risk of Contributory Fault?
You cannot control the actions of the other party. A party or insurance company can raise comparative negligence claims in any personal injury case. However, you can take steps to protect yourself if these allegations arise. These steps include:
- Do not apologize for an accident or otherwise admit fault.
- Ask eyewitnesses and bystanders for their contact information.
- Avoid discussing the details of the accident with anyone at the accident scene other than the police officers.
- Make a video and take pictures of the accident scene to preserve evidence.
- Note whether any cameras are nearby, including dashcams, traffic cameras, ATMs, and security cameras.
- Write down what you remember about the accident while it is fresh in your mind.
- Avoid speaking with the insurance adjuster until you speak with an attorney. After that, refer all calls to your attorney’s office.
Contact a Las Vegas personal injury lawyer as soon as possible. An attorney conducts an independent investigation to determine fault and gather evidence. Your lawyer protects you from insurance adjusters and other parties who want to blame you for your injury and avoid paying you a fair settlement.
Contact Us for a Free Consultation With Our Las Vegas Personal Injury Lawyers
Insurance companies use contributory fault to avoid paying the total value of damages. Don’t let an insurance adjuster blame you unjustly for causing an accident. Call De Castroverde Accident & Injury Lawyers at (702) 222-9999 for a free consultation with an experienced Las Vegas personal injury attorney.