When you are involved in an accident due to someone else’s negligent behavior, it is natural to have a desire to take legal action and recover compensation for any damages you have incurred. In Nevada, this process looks a little different depending on the type of accident you have experienced. While working with a trusted local personal injury attorney is always the preferred course of action, the following is some baseline information on different types of personal injury cases commonly seen in courts.
Automobile Accident Claims
Automobile accidents make up a large number of annual personal injury court cases, due in large part to the frequency with which the average person is behind the wheel. When someone incurs personal injury as a result of an accident, they are often quick to assume that the situation was caused completely by the other driver’s negligence.
While this is sometimes true, often the case is more complicated. Nevada follows a system of fault determination known as “modified comparative fault.” Under this system, the final amount of compensation a plaintiff is able to recover is based on the proportion of fault the court determines they share.
For example, if you were struck by another vehicle and experienced $10,000 in damages, but you were speeding at the time, the court may determine you were 30% at fault for the accident. Therefore, the maximum amount you would be rewarded is $7,000.
The important thing about modified comparative fault states is that if you are found to be more than 50% at fault for an accident, you are unable to be compensated for any damages.
Nevada state law follows what is commonly referred to as the “one bite” rule regarding personal injury caused by dog bites. This rule states that in the majority of cases where a dog attacks someone, the owner will only be held liable if the owner had reason to believe the dog was dangerous. This reasonable belief almost always stems from a previous incident in which the dog bit someone, which is why the rule is called the ‘one bite rule’; after the first attack, owners become liable.
There are exceptions to the one bite rule, most often when the owner is acting negligently. An example would be a dog who is let off leash in an area where signs clearly state that all dogs need to be on a leash. If you have been bitten by a dog, but you are not sure whether you are eligible for compensation, the skilled dog bite lawyers at H&P Law can guide you in the right direction.
Personal Injury Claims Against the Government
If you slip and fall on government property, or you are subjected to personal injury due to a government employee’s negligence, the process of pursuing civil litigation looks different than other types of cases. Here, the claim is filed first with the Nevada Office of the Attorney General instead of the local court. Most other timelines and protocols apply, but it is always best to consult with an experienced personal injury attorney.
Getting Professional Counsel
Navigating the world of personal injury litigation can be a daunting experience, especially when still dealing with the physical and emotional toll an accident can take on an individual. Thankfully, experienced personal injury attorneys help victims navigate this process.