When involved in an accident in Nevada that causes personal injury, individuals often want to pursue legal action. Before making that decision, it is important to determine if Nevada’s system of fault determination will work to their benefit or not. Read on for an overview of Nevada’s modified comparative fault rules and how they apply to personal injury court cases.
The Statute of Limitations
Before discussing the specifics of Nevada’s personal injury fault determination system, it is important to understand the statute of limitations rules at play in the state. Nevada state law says that plaintiffs have two years after the accident date to file for civil litigation in the state. However, victims are advised to not wait until the last minute to file, but rather speak with an experienced personal injury attorney as soon as possible about the specifics of their case.
Modified Comparative Fault in Nevada
It is natural for someone involved in an automobile accident to assume that the other driver caused the accident. This is a classic form of bias where we attribute good things that happen to us to our own skills, and bad things that happen to us to people and things outside our control. The reality, however, is that in many cases the fault for an accident that causes personal injury is sometimes shared by more than one party.
Nevada’s system of fault determination is known as “modified comparative fault.” Under this framework, a court will look at all parties involved in an accident that caused personal injury. They will then assign a percentage of fault to each party involved in the accident, and possible compensation amounts will be capped based on the percentage of fault the injured party is determined to be.
For example, let’s say you are driving behind a vehicle that makes a sudden stop, causing you to hit the back of the vehicle and sustain a whiplash injury. However, through the course of investigation, it is determined that you were looking at your cell phone at the time, and the results of the accident could have been different if you were paying closer attention.
The court may say that the total damages in the case amount to $10,000, but you were 40% at fault for the incident. So, under Nevada’s modified comparative fault system, you could expect to recover $6,000 in compensation at the most.
The important thing to keep in mind with a modified comparative fault system such as Nevada’s is that anyone who is found to be more than 50% at fault for the events leading to personal injury in an accident will be unable to recover any compensation. Ultimately, the decision about how proportionate the fault is between all parties will be left to the courts, so it is important to review your case with a qualified personal injury attorney before formally filing your case with the local court.
Professional Counsel in Las Vegas
While this article provides a general overview of Nevada’s modified comparative fault rules, victims need the ongoing guidance of a qualified personal injury attorney in their area. For years, the attorneys at H&P Law have been helping accident victims in Las Vegas and throughout Nevada navigate this process. Contact H&P Law today for legal insight you can trust.
