Does My Contributory Negligence Reduce the Amount I Can Get in an Injury Lawsuit?

• May 10 2024
• |   Personal Injury

Personal injury lawsuits are cases where someone sues another person or a company because they got hurt. Contributory negligence means that sometimes, the person who got hurt might have done something that also contributed to their injury. For example, you slipped and fell because you were looking at your cell phone and not paying attention to where you were walking.

In legal terms, your carelessness might have contributed to your accident. You could file a compensation claim; however, because you contributed to the accident, your contributory negligence will affect your case.

Nevada follows the rule of modified comparative negligence rather than contributory negligence. In Nevada, as in most states that use comparative negligence, a plaintiff’s recovery of damages is reduced by their percentage of fault, but they can still recover damages even if they are partially at fault for the accident.

Our personal injury attorneys can help you with everything related to personal injury cases, including understanding how contributory negligence affects compensation. If you or a loved one is involved in a personal injury case, do not hesitate to contact us. Our team of attorneys can help you.

Why Hire Our Personal Injury Attorney?

At Leverty and Associates Law, we understand how important it is for individuals involved in personal injury cases to understand their rights and obligations; we can support and guide you. Our team of experienced lawyers can help you navigate the legal process more effectively and pursue fair compensation for your injuries and losses, even if you contributed to the accident.

We will prioritize your case and ensure you get the support you need. Our experience and expertise have helped us gain positive reviews from past clients; we can use them to achieve yours, too. Contact us at (775) 322-6636 (Reno); we offer free initial consultations.

We have four decades of experience and will put it to good use in your case.

How can contributory negligence affect my case?

Your case and compensation would be affected since you had a part in your injury or damages. However, you might wonder to what extent. These factors will determine how contributory negligence will affect your case:

Degree Of Fault

The extent to which you contributed to the accident or injury is crucial. If your negligence is minimal, you may still be eligible for compensation, though it might be reduced. However, if your contribution to the accident is significant, it can significantly impact the compensation you will receive. You might not even get anything.

Legal Jurisdiction

Different jurisdictions or states follow different rules regarding contributory negligence. Some jurisdictions have strict rules where even a small percentage of fault on your part can result in no compensation. In contrast, others have more lenient comparative negligence laws that allow you to recover damages even if you are partially at fault. Nevada has a lenient law. In Nevada, you can recover damages or get compensation even if you are partly responsible for the accident.

Type Of Contributory Negligence

Different states practice two types of contributory negligence rules. They are:

Pure Contributory Negligence

In some places, once you’re partially at fault for what happened, you will not get compensation from the person you’re suing. So, let’s say you were jaywalking and got hit by a car. Even if the driver was mostly at fault, you might not be compensated if you are in a state with the pure contributory negligence rule.

Comparative negligence

This one is more flexible. It means you can still get compensated even if you were partly to blame for what happened. There are two kinds:

• Pure comparative negligence: Here, the amount of money you get is reduced by the percentage of fault you have. So, if you were 30% responsible, you would get 30% less money.
• Modified comparative negligence: There are two versions: the 50% and the 51% rule. In some states, you cannot get any money if you are more than 50% at fault. In other states, you cannot get compensated if you are 51% or more to blame. Therefore, the court or at-fault party’s insurance company will adjust your compensation based on your fault percentage.

In Nevada, the state abides by modified comparative negligence rules. Therefore, for your injury lawsuit in Nevada, you will get compensated if you are no more than 50% to blame for your injuries. This modified comparative negligence principle offers a more balanced approach by allowing recovery proportional to your fault.

We have taken cases where our client was at fault and helped them prove their fault percentage and get compensation. We can do the same for you.

Evidence and documentation

The strength of the evidence and documentation supporting your case and demonstrating the extent of your injuries and damages can affect the case and compensation awarded. Clear documentation of medical expenses, lost wages, pain and suffering, and other damages can strengthen your claim.

Jury or judge’s decision

In cases where a jury or judge determines the outcome, their interpretation of the evidence and application of the law will affect the outcome.

Legal representation

Having experienced legal representation can significantly impact the outcome of a contributory negligence case. Our personal injury attorneys can advocate for you, help negotiate settlements, and present compelling arguments in court to maximize your compensation.

Get help from Leverty & Associates Law

At Leverty & Associates Law, we have over 40 years of experience and expertise and are dedicated to our clients. Our commitment to every case we handle has helped us gain positive reviews from our clients, and we always do all we can within the law to secure a favorable outcome.

Therefore, if you need a team of reliable and ethical attorneys to be by your side, we are the ones to call. Contact us at (775) 322-6636 (Reno) for a free case review.