Nevada is a fault-based state. This means if you or a loved one have been involved in an accident in Nevada, determining who is responsible for the accident will be key to securing compensation. Unfortunately, identifying fault can be a contentious process. You may even find yourself being blamed for the accident and your injuries.
If you find yourself being blamed for an accident, you may be in an uphill battle for justice. However, understanding Nevada’s negligence laws will help you proceed. A Las Vegas personal injury law firm can also fight for your right to compensation even if you are being blamed for an accident.
Fault vs. No-Fault in Las Vegas, Nevada
Nevada adheres to a fault-based system for personal injury claims. This means the party responsible for causing your accident will bear financial responsibility for your damages. Damages may include compensation for medical expenses, property damage, lost income, and pain and suffering you or a loved one experienced.
If you are being blamed for an accident in Nevada, this can directly affect the damages you may recover. You will need to prove the other party’s fault in your accident and refute any allegations that your own conduct is partly to blame.
Being Blamed for an Accident in Las Vegas, Nevada
Parties involved in a Las Vegas accident, such as a car accident, slip and fall, or workplace incident, often look to assign blame. You may find yourself accused of causing the accident for several reasons. For example, in a car accident, another driver may allege you were speeding or distracted, which contributed to the accident and your injuries.
Many different parties can assign blame after an accident. These include other parties involved in the accident, as well as their insurance companies or the law enforcement officials investigating. Being blamed for an accident can quickly complicate your ability to seek compensation and the total amount you may recover. A Las Vegas personal injury lawyer can protect your right to financial recovery.
Can I Recover Compensation if I’m Blamed for an Accident in Las Vegas, Nevada?
You may be eligible to recover compensation if you are blamed for an accident in Nevada. This is because Nevada follows a “modified comparative negligence” rule. This rule states that even if you are partly at fault for the accident, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. A caveat is that if you are found to be more than 50 percent at fault, you will be barred from receiving any compensation from the other involved parties.
This shows the importance of accurately establishing fault in an accident since it directly impacts your potential compensation. If you are partially blamed, your total compensation may be reduced, or even completely barred if your share exceeds 50 percent.
What Is an Example of Comparative Negligence in Las Vegas, Nevada?
Comparative negligence may apply to any personal injury case. Suppose you were involved in a car accident in Las Vegas where another driver ran a red light, hit your car, and caused injuries. However, you were also speeding at the time of the collision.
Running a red light and speeding are both negligent acts. A judge or jury will portion the fault between you and the other driver in court. If it is determined that the other driver was 70 percent at fault for the accident because they ran the red light, you will be 30 percent at fault for speeding. Under Nevada’s modified comparative negligence rule, if your total damages amount to $100,000, you would be entitled to recover 70 percent, or $70,000.
Determining how much fault to assign between the parties can significantly impact your case’s outcome. It is a subjective process that requires presenting evidence to the judge or jury. An experienced Las Vegas personal injury lawyer can help establish the negligence of other parties and refute claims that your own negligence may be responsible for the accident.
How a Personal Injury Lawyer Can Help if You’re Being Blamed for an Accident in Las Vegas, Nevada
Being blamed for an accident can have serious consequences for your case. If you have been blamed, consult a Las Vegas personal injury lawyer immediately. A lawyer will take steps to protect your rights and defend you against allegations of fault from an insurance company or defendant in court.
A lawyer’s role includes:
- Investigating your case: A personal injury lawyer will start by thoroughly evaluating your case and liability amongst the parties. They will gather evidence and investigate how the accident occurred using accident reports, eyewitness statements, and other relevant documentation.
- Evaluating liability and fault: A personal injury lawyer will assess your potential liability for the accident. If you may be at fault, they will determine the extent of any liability and develop strategies to minimize your percentage of fault to protect your rights.
- Negotiating: A personal injury lawyer has experience and negotiation skills to present your side of the story and fight for a settlement offer that accurately measures your own liability.
- Trial advocacy: If your case goes to trial, having a seasoned personal injury lawyer to represent you is invaluable. They will present your case, challenge the evidence against you, and argue for the lowest possible assignment of fault. Your lawyer will also handle all legal filings, court appearances, and procedural matters, alleviating the stress and burden from your shoulders.
A lawyer will take steps to protect your rights. Schedule a free consultation today.
If You’re Being Blamed for an Accident, Contact a Las Vegas Personal Injury Lawyer
If you or a loved one are being blamed for an accident in Nevada, understand that it does not automatically disqualify you from recovering compensation. Nevada law around comparative negligence allocates fault amongst the parties and allows you to recover if your share is less than 51 percent. If you are being blamed, contact a Las Vegas personal injury lawyer at De Castroverde Accident & Injury Lawyers as soon as possible for help protecting your rights and refuting allegations of fault.