What is proximate cause? Proximate cause is a legal concept relating to whether a party is primarily responsible for harming someone.
A Las Vegas car accident lawyer and other personal injury attorneys can provide insights into this concept and how it applies to your particular case.
What is Proximate Cause in Nevada?
Proximate cause refers to the leading cause of an injury or an event that led to one. Ultimately, in a personal injury case, many factors impact liability. If a party is primarily at fault for causing harm, they can be held liable for their actions.
To understand proximate cause, consider an example. A truck driver is traveling faster than the posted speed limit and slams their vehicle into a car. The trucker ignored the consequences of their decision to speed and caused an accident and, as such, can be held responsible for the crash and all associated losses.
H&P Law has more than six decades of legal experience on staff. When you meet with our team, we can learn about your personal injury case and determine who may be liable for your losses. Contact us today for more information.
What Does Proximate Cause Look Like?
In terms of what proximate cause looks like, it depends on the situation. A Las Vegas personal injury lawyer can evaluate the facts surrounding your injury and determine if one or more parties are liable.
In addition to auto accidents, there are many incidents in which you can request compensation based on proximate cause, including:
Truck Accident
A truck driver takes their eyes off the road and cannot stop their vehicle quickly enough to stop an accident. Seek legal help if you are injured in a truck accident in which a trucker was negligent. A Las Vegas truck accident lawyer could help you receive compensation for damage to your car, your medical costs, and other crash-related expenses.
Defective Product
You buy a product and expect it to work properly. Yet, you discover the product is faulty, and the item causes you to get hurt. In this scenario, partner with a Las Vegas product liability lawyer who can help you pursue compensation from a manufacturer, seller, or other at-fault parties.
Slip and Fall
A property owner chooses not to address hazards on their premises. They do so in spite of the fact that these issues could put you and others in danger. If you trip and fall due to a property hazard and suffer injuries, a Las Vegas slip and fall lawyer can help you hold the liable party accountable.
Medical Malpractice
A doctor administers care in accordance with a certain standard. If a doctor ignores this standard and you are hurt as a result, you have the right to ask for compensation from them. A Las Vegas medical malpractice lawyer can explain the steps to take to request compensation for your losses.
If you want to recover compensation based on proximate cause, you have a limited time frame in which you are allowed to do so. The Nevada Revised Statutes (NRS) defines how long from the date you are injured due to no fault of your own to submit an insurance claim or lawsuit. Per NRS 11.190, the statute of limitations is two years.
Can Two or More People Be the Proximate Cause of My Injury?
There are instances in which multiple people can be the proximate cause of an injury. If you are unsure of who is responsible for your injury, consult with a personal injury lawyer in Las Vegas. Your attorney can identify any liable parties and help you get compensation from them.
You could receive compensation through an insurance claim. For example, there is proximate cause to believe a motorist is responsible for your auto accident and injuries. You notify your auto insurer, and the business contacts this driver’s insurance company to investigate.
It may be clear that the other motorist is liable for your accident, but their insurer could dispute your claim. If this happens, your attorney can lend a helping hand. They can negotiate a settlement or move forward with a lawsuit on your behalf.
How is Proximate Cause Different from Comparative Fault?
Proximate cause accounts for the likelihood that a party is responsible for your injury. Alternatively, comparative fault allows a judge or jury to assign partial blame. If the court says you are less than 50% responsible for your injury, you can recover partial damages based on your percentage of fault.
With comparative fault, you are ineligible for damages if you are mostly to blame for your injury. For example, a judge or jury says you are 51% responsible for an auto accident. You are more at fault for this accident than the defendant in your case and, therefore, may be solely responsible for all associated losses.
A personal injury attorney in Las Vegas can discuss comparative negligence in Nevada. They can answer any questions you have about this and other legal topics. Throughout your case litigation, they search for ways to prove you are in no way liable for your injuries.
What Do I Need to Do to Prove Proximate Cause?
Let a personal injury lawyer share details about what proximate cause is and how it applies to your case. Next, you and your attorney can gather evidence to support your argument. Proof you can use in a personal injury case includes:
- Accident scene photos and videos
- Witness statements
- Medical records
- Pay stubs
- Expert testimony
Work with your lawyer to make your case as strong as possible. Your attorney can provide legal recommendations and tips at each stage of your litigation. They can help you make informed legal decisions.
Get Legal Help with Your Personal Injury Case
H&P Law is a courtroom-proven and client-praised Nevada personal injury law firm. Our team can teach you about proximate cause and its relevance to your personal injury case and help you prove to a judge or jury that you should be awarded damages. Schedule a free case consultation with us.
