Explaining Nevada’s (Modified) Comparative Negligence Law

• May 24 2024
• |   Car Accidents

Imagine you’re in a situation where you got hurt in an accident in Nevada, and you’re not sure if you would get compensation for your damages or how much you could get. First, you should know you can get compensation to cover your damages (like medical bills or lost wages).

Nevada follows the “modified comparative negligence” rule, which means you can still get compensation irrespective of your part in the accident. If you are in a situation like this, you will need a lawyer. Our personal injury attorneys are experts in this field. We will help you take the proper steps when filing a claim and make sure you get the compensation you deserve.

If you or a loved one was involved in an accident in Nevada for which you or they are partly responsible, and you want to know if it is still possible to get compensated, you can contact us in Reno at (775) 322-6636. Our personal injury attorneys can help.

Why hire our personal injury attorneys in Nevada?

At Leverty & Associates Law, we know some people get involved in accidents, but they don’t understand or know their rights or obligations, and they miss out on getting their due compensation; we can help with that. Our team of experienced lawyers can help support and guide you through the legal processes involved in your case. Even if you contributed to the accident, we will help you pursue fair compensation for the damages you incurred.

We have helped countless clients maximize the compensation for their losses, even when they had shared fault.

We will prioritize your case and suggest you get the guidance and support you need. Our experience and expertise over the years have helped us gain positive reviews from past clients who are pleased with our services. So, if you want a team that supports you throughout your case, contact us at (775) 322-6636 for a free consultation.

What is comparative negligence?

Comparative negligence means that if you’re partially at fault for an accident, you can still get some money for it. It’s fair because it shows how much each person is to blame. When there’s an accident, and people argue about who’s to blame, a judge or jury looks at the evidence and decides how much each person is responsible.

Let’s say you’re in a car crash, and they decide you’re 25% at fault because you were texting while driving. That means if you ask for $1,000 in damages, they’ll give you $750 at most because they’re taking off 25% for your part in the accident. It’s called comparative negligence because it tries to make things fair by considering how much each person contributed to the problem.

Modified comparative negligence

Nevada follows a rule called “Modified Comparative Negligence,” which is about determining who’s at fault when there’s an accident. This rule is based on a law called NRS 41.141.

Let’s assume a scenario where you and another driver were involved in an accident. You ran a red light while the other driver was texting while driving, and then both of you accidentally crashed into each other and sustained injuries.

According to Nevada’s modified comparative negligence rule, one of you can still receive compensation for your injuries. However, here’s the catch: If the other person is more than half responsible for what happened (51% or more at fault), that person won’t get any money.

The impact of modified comparative negligence on personal injury cases

Nevada’s modified comparative negligence system significantly impacts the determination of fault and compensation in personal injury lawsuits. In Nevada, how much blame each person has in an accident affects who gets paid in injury cases. If you’re found to be less than half responsible for an accident, it’s a big deal. If you meet this threshold, you can get some money for damages, but it’ll be reduced based on how much you’re at fault.

So, you’ll get compensated for part of what happened, depending on how responsible you are. If you are determined to be primarily accountable, 51% or more, you can’t get any money, even if the other person did something wrong.

For example, imagine you’re walking across the road but not at the designated crosswalk. Then a car comes speeding by and hits you. Even though the driver was going too fast, because you were crossing in the wrong place, the law says you’re mostly to blame – perhaps 60%. So, since more than half of the fault is on you, you can’t get any compensation from the driver, even though they were driving unsafely.

In a case where there are more than two parties involved, the same law also applies. When there’s an accident in Nevada, everyone involved is responsible for their part in it. Let’s say three people caused the accident. If one person is mostly at fault (45%), another a bit less (35%), and the third even less (20%), they each pay for the damages based on how much they’re to blame. So, if you’re partly responsible, you’ll have to pay for the part you’re responsible for, which can affect how much money you get back if you’re also owed money for damages.

We have successfully represented many clients throughout Nevada and can represent you, too.

Cases where the modified comparative negligence rule does not apply

Nevada’s modified comparative negligence is restricted. It doesn’t work the same for every personal injury case. There are two main types of cases it doesn’t cover: strict liability claims and intentional torts.

Strict liability

These types of cases are about defective products. Instead of focusing on whether someone was careless, the main question is whether the product was dangerous. So, if a faulty product hurts you, the company that made it could be responsible, no matter what you did.

Intentional tort

Another exception is intentional torts, like assault or battery. In these cases, the person who caused harm did it intentionally, so the shared fault doesn’t matter. If someone deliberately hurts you, they can be fully responsible for all damages, even if you could have done something to avoid it.

Knowing about these exceptions is important if you’re considering filing a personal injury claim because they can affect how much compensation you might get. It is essential to have our experienced and knowledgeable lawyer, who understands Nevada’s laws on negligence, to help you through the process.

Our personal injury attorney can help you understand modified comparative negligence

Getting a good personal injury lawyer is essential if you want to know how much compensation you can get under Nevada law. Here’s how we can help:

• Tell you whether you can get any money based on how much you were at fault
• Prove that the other person was more to blame by using evidence
• Ensure that the amount of money you get is fair compared to how much you are at fault
• Deal with the insurance companies so they don’t try to give you less money than you deserve.

With our lawyer’s help, you can make informed decisions and get the most money possible.

Get help from Leverty & Associates Law

At Leverty & Associates Law, we have dedicated over forty years of expertise, experience, and knowledge to our clients. We have supported and advocated for our clients, which has helped us gain positive testimonials and a great relationship with them. We are here to help you get justice for your injuries; we will be with you every step of the way and make sure you get a favorable outcome. Contact us at (775) 322-6636 for a free consultation.