The Impact of Comparative Negligence Laws on Personal Injury Claims

September 11, 2023

What is the impact of comparative negligence laws on personal injury claims?

In many personal injury claims, the concept of comparative negligence plays a significant role in determining the amount of compensation an injured party can receive. Let's consider an example to illustrate this: Imagine you are involved in a car accident where the court determines that you were 20% at fault for the collision, and the other driver was 80% at fault. If your total damages amount to $100,000, your compensation will be reduced by your percentage of fault. In this case, you would be entitled to receive $80,000 ($100,000 - 20% = $80,000). Comparative negligence laws can affect the outcome of personal injury claims in various ways. For instance, insurance companies may try to shift more blame onto the injured party to reduce their liability. Having an experienced personal injury lawyer by your side can help protect your rights and ensure that your percentage of fault is accurately assessed.

What is Comparative Negligence?

Comparative negligence is a legal principle that determines the degree of fault and responsibility between parties involved in an accident or incident resulting in personal injury. Under comparative negligence laws, the court assigns a percentage of fault to each party involved based on their contribution to the accident. This means that even if you are partially at fault for your injuries, you may still be entitled to recover damages from the other party involved. There are two main types of comparative negligence: pure comparative negligence and modified comparative negligence. In states that follow pure comparative negligence, such as Nevada, an injured party can recover damages even if they are 99% at fault. However, the amount of compensation awarded will be reduced by their percentage of fault. On the other hand, states that follow modified comparative negligence have a threshold, typically 50% or 51%, beyond which the injured party cannot recover any damages.

What Are Some Relevant Laws in Nevada?

In Nevada, comparative negligence laws are governed by NRS 41.141. This statute follows the pure comparative negligence rule, allowing injured parties to recover damages even if they are mostly at fault. However, Nevada follows a modified joint and several liability rule, which means that each party is responsible for their percentage of fault, but they can also be held jointly liable for the total damages if their percentage of fault exceeds a certain threshold. Additionally, it is crucial to be aware of the statute of limitations for personal injury claims in Nevada. Generally, you have two years from the date of the accident to file a lawsuit. However, there may be exceptions to this rule depending on the circumstances of your case. Consulting with a knowledgeable personal injury lawyer can help you understand the specific deadlines and requirements that apply to your situation.

How Much Compensation Could I Receive?

Determining the potential settlement or award amount in a personal injury claim can be challenging, as it depends on various factors such as the severity of your injuries, the impact on your life, and the degree of fault assigned to each party. While it is impossible to predict an exact figure, an experienced personal injury lawyer can help you assess the value of your claim based on similar cases and their knowledge of Nevada's legal landscape. Insurance companies often try to minimize their payouts, and they may offer settlements that are far below what you deserve. Having a skilled lawyer on your side can level the playing field and ensure that you receive fair compensation for your injuries, medical expenses, lost wages, pain, and suffering.

How Can an Experienced Lawyer Help?

Navigating the legal process of a personal injury claim can be overwhelming, especially when comparative negligence laws come into play. An experienced personal injury lawyer can provide invaluable assistance in several ways: 1. Case Evaluation: A lawyer will assess the details of your case, gather evidence, and determine the strength of your claim. They will also evaluate the percentage of fault assigned to each party and estimate the potential compensation you may be entitled to. 2. Negotiation: Insurance companies often employ tactics to minimize their liability. A skilled lawyer will negotiate with the insurance company on your behalf, ensuring that your rights are protected and that you receive a fair settlement. 3. Litigation: If a fair settlement cannot be reached through negotiation, your lawyer will be prepared to take your case to court. They will build a strong legal strategy, present your case effectively, and advocate for your rights in front of a judge and jury. 4. Legal Guidance: Throughout the entire process, an experienced lawyer will guide you, explain the legal terminology, and ensure that you understand your rights and options. They will handle the legal complexities, allowing you to focus on your recovery. Comparative negligence laws have a significant impact on personal injury claims. If you have been injured due to someone else's negligence, call High Stakes Injury Law at (702) 444-3228 for a free case evaluation.