Accidents are rarely black-and-white. In many cases, more than one party shares some level of responsibility for what happened. If you’ve been injured in an accident in Nevada and believe you may be partially at fault, you might wonder if you can still file a claim. The good news is that Nevada’s comparative negligence laws often allow victims to seek compensation, even if they share some blame. Today, we at Kajioka & Associates Attorneys At Law would like share what you need to know.
Understanding Comparative Negligence in Nevada
Nevada follows a legal principle called modified comparative negligence, which determines how fault is allocated between the parties involved in an accident. Under this system, you can still recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your final compensation would be reduced by 20%, leaving you with $80,000.
How Fault Is Determined
Determining fault in an accident often involves analyzing evidence such as police reports, witness statements, photos, and video footage. Insurance companies, lawyers, and, in some cases, the courts will assess the evidence to assign a percentage of fault to each party. Common examples of partial fault scenarios include:
1) Car Accidents: If you were speeding but the other driver ran a red light, both parties might share fault.
2) Slip and Falls: If you ignored a visible warning sign but the property owner failed to maintain the area, liability may be shared.
3) Pedestrian Accidents: If you were jaywalking but the driver was texting and didn’t see you, both parties might bear some responsibility.
Filing a Claim When Partially at Fault
Even if you think you may bear some responsibility for the accident, it’s crucial not to assume fault without consulting a legal professional. Often, people misinterpret their level of responsibility, and insurance companies might attempt to assign more blame to reduce their payouts. An experienced personal injury lawyer can help:
1) Evaluate Your Case: They will analyze the evidence to determine if you have a strong claim.
2) Challenge Fault Assessments: Your lawyer can argue against unfair fault percentages assigned by insurers.
3) Maximize Compensation: By building a strong case, your attorney can help ensure you receive the compensation you deserve, even if it’s reduced.
Why Timing Matters
Nevada has a strict two-year statute of limitations for personal injury claims. Waiting too long to file a claim can jeopardize your ability to recover damages, regardless of fault.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you were partially at fault for your accident, don’t let that discourage you from seeking compensation. Nevada’s comparative negligence laws are designed to ensure that victims can still recover damages, even when fault is shared. Consulting an experienced personal injury attorney can help you navigate the complexities of your case and fight for the best possible outcome. Reach out to Kajioka & Associates Attorneys At Law to schedule your consultation about your personal injury case in the Greater Las Vegas, NV Valley.