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Getting injured in Nevada can turn your life upside down. On top of the physical and emotional trauma, you would have medical bills and everyday expenses to worry about and with no income to cover for it during recovery, it can get overwhelming. If your injuries were caused by someone else’s negligence, you can hold them liable for your damages and recover compensation. This allows victims and their families to cope with the financial impact of an injury and lengthy recovery.
One important factor that can influence your personal injury case is Nevada’s comparative negligence law. This legal principle determines how fault is assigned and impacts the amount of compensation you can receive. In this article, we will explore how comparative negligence works in Nevada and how it can affect your case.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault among parties involved in a personal injury case. Monetary damages are calculated in proportion to the percentage of fault.
In Nevada, your compensation in your personal injury case is tied to your degree of fault. If you’re found to have contributed to your own injury in any way, your financial recovery may be reduced according to the portion that you’re responsible for.
According to Nevada’s modified comparative negligence rule, you can recover some compensation for your damages as long as your percentage share of the fault does not exceed 50%. If you’re found to be 51% or more to blame, you would be unable to recover compensation.
Examples of Nevada’s Modified Comparative Negligence Rule
The following are what-if examples of Nevada’s modified comparative negligence. Note that your lawyer can fight to reduce your share of the blame through the evidence they have gathered with your help.
Car accident
A speeding driver ends up running over a jaywalker. The court determines that the speeding driver’s damages total $100,000, but the jaywalker is 25% at fault because they were crossing the road that didn’t have a designated crosswalk. In Nevada, they would recover $75,000 in damages since they are 25% at fault.
Slip and fall
A customer shopping at a grocery store slips on a puddle on the floor and falls, injuring their back because they weren’t paying attention to their surroundings.
The court assigns 80% of the fault to the store and 20% to the customer because the customer was looking at their phone and not paying attention to where they were going. The customer can collect damages in their personal injury case, but their compensation would be reduced by 20%.
Motorcycle accident
A motorcyclist suffers serious injuries after being hit by a car making an unsafe turn. However, they were not wearing their helmet, and this contributed to the severity of their injuries. If the court finds the motorcyclist to be 40% at fault for their damages, their compensation would be reduced proportionally.
Key Tips to Protect Your Personal Injury Claim
If you’ve been injured in Nevada, here are a few tips that can help protect your rights and improve your chances of securing fair compensation.
- Consult your legal representative. Legal battles in Nevada can be lengthy and complex. A personal injury attorney can support you throughout the process and help you secure the compensation you’re owed.
- Seek medical attention. A prompt medical evaluation ensures that you get the help you need. It also establishes a record, ensuring that the defense cannot dispute the timeline of your medical treatment. It’s vital that you properly document your medical visits, bills, and prescriptions.
- Collect evidence. Your personal injury claim is only as strong as the supporting evidence. Photographs, videos, security footage, and witness statements can be instrumental when establishing fault against the defendant as well as reducing you of any blame.
- Stick to the facts. When it comes to providing statements, stay true and accurate to the evidence you and your attorney have presented. Avoid making false claims as it can severely affect your personal injury claim and reduce the compensation you can get. Do not admit to any fault hat isn’t yours either, as the defense often uses verbal admissions, apologies, or social media posts to shift blame, lower payouts, and even deny liability.
How Pre-Settlement Funding Can Benefit You During Your Personal Injury Case
In Nevada, personal injury cases often take a long time to settle. If you have pressing financial obligations that cannot wait for your case to conclude, you can apply for pre-settlement funding from High Rise Financial. Our legal funding offers a wide range of benefits to plaintiffs, including:
- Ease financial strain: You can use your lawsuit loan to cover any expense, including medical bills, rent, groceries, and car payments.
- No repayment if you lose: Our lawsuit funding is non-recourse, meaning repayment only happens if and when you receive your settlement. If you lose your personal injury claim, you owe nothing.
- No credit checks: High Rise Financial does not conduct credit checks when you apply for our Nevada legal funding. Eligibility is solely based on the strength of your case.
- No upfront fees: You do not pay anything upfront when applying for a settlement loan. Once you request funding, our team will assess your case and provide you with a free, no-obligation quote.
- No monthly payments: Lawsuit funding is repaid directly from your settlement proceeds after your case concludes. Unlike traditional loans, it does not require monthly payments.
High Rise Financial Can Support You During Your Legal Battle in Nevada
Whether you were injured in a car accident, workplace accident, slip and fall, or another incident, Nevada’s modified comparative negligence law can affect your settlement. When you work with a licensed attorney, they can advocate for your rights and help you secure a fair settlement.
However, legal battles in Nevada can take months or even years. If you need help with your bills while you wait, High Rise Financial can support you through our Nevada pre-settlement funding. We pride ourselves on our low rates and the ease of funding. Plus, you’re not required to repay the money if you lose your case. If you’re experiencing financial strain during litigation, contact us for a free consultation and quote.