A personal injury case in Nevada is an opportunity for an injured accident victim to hold someone accountable by seeking financial compensation from that party for related losses. Negligence is a key concept in personal injury law. In most personal injury cases, proving negligence is necessary before an accident victim can achieve a monetary settlement or judgment award. If you need help with your case or would like a free consultation, our experienced Las Vegas personal injury attorneys are to help.
The Four Legal Elements of Negligence
The legal definition of negligence is to use an inadequate amount of care for the situation. What is a normal amount of care will depend on what a reasonably prudent party would have done in the same circumstances. If there is a foreseeability of harm, but a person commits the act or omission anyway, this is negligence.
Duty of Care
Negligence has four key elements of proof. The first is a duty of care. This refers to a legal obligation to act with reasonable or proper care. The legal duties owed to an accident victim will depend on the circumstances, including the relationship between the plaintiff and defendant.
Breach of Duty
A breach of duty can describe any action or omission that falls short of the defendant’s legal duty of care. It can refer to any act of neglect, carelessness, recklessness, intent to harm or default that fails to meet the defendant’s obligation of care.
Causation
A direct association between the defendant’s negligence and the accident or injury suffered by the victim. The breach of duty must have directly caused the injury (proximate cause).
Damages
The victim must have suffered actual losses or damages (physical, financial or emotional) because of the defendant’s negligence to seek compensation. Examples include physical injuries, medical bills, pain and suffering, and lost wages.
Nevada’s Modified Comparative Negligence Rule
In Nevada, a modified comparative negligence law applies to cases where a portion of the fault is allocated to the plaintiff as well as the defendant. In this scenario, the plaintiff’s financial recovery will be reduced by an amount equivalent to his or her degree of fault. If the victim is allocated 51 percent or more of the blame, however, Nevada law bars financial recovery.
Proving Negligence in Nevada Courts
To win a personal injury case, a plaintiff must prove negligence based on a preponderance of the evidence. This means enough evidence to show that the defendant is more likely than not responsible for the injuries or harm suffered.
Importance of Evidence
Evidence is vital for a successful personal injury claim in Nevada. The strength of the claim relies upon the strength of the evidence presented by the plaintiff. Evidence commonly used to support a personal injury case includes photographs, videos, accident reports, witness statements, medical records and expert testimony (in complex cases). Evidence can be collected at the scene of an accident as well as in the weeks following.
Know Your Rights Under Nevada’s Negligence Laws
Negligence is a key concept in personal injury law that you need to understand if you wish to file a claim or lawsuit for a recent accident in Nevada. You can get more information about the state’s negligence laws and how to navigate them during a free consultation with a local personal injury lawyer. Contact an attorney early on to ensure the protection of your rights.