Whether you are on the receiving end of a personal injury lawsuit or if you are a victim of negligence, you should be aware that Nevada operates under a contributory negligence model. At Aldrich Law Firm, Ltd., we have a history of successfully representing clients through such claims. We know how important it is to ascertain exactly who was at fault for the incident – and how much to blame each party may be.
According to Nevada law, if you file a lawsuit against someone for an accident, you will only receive compensation if that party is more to blame for the incident than you are. Further, the amount of damages someone may be entitled to is directly proportionate to the amount of blame the defendant holds.
For example, if you are crossing the street and get hit by a car, you may choose to file a lawsuit. However, during the course of the legal process, the defense points out that you did not take care to look for oncoming traffic before stepping into the road. A judge or jury may determine that you are 20 percent responsible for your injuries. Therefore, you can only receive 80 percent of the available damages. If, in the above example, the judge or jury determines that you were more than 50 percent responsible for the incident, you would not be entitled to any damages.
Contributory negligence provides personal accountability in these types of claims. If you have been sued for an accident of any kind, you should ensure that you explore how the plaintiff may have played a role in the incident.
For more information about this topic, please visit our page on personal injury claims.