A personal injury claim is an opportunity to recover financial compensation for the losses you suffered in relation to a preventable accident, such as a car accident or slip and fall. Filing a personal injury claim makes you the plaintiff, or injured party. In personal injury law, the plaintiff bears the burden of proof. This means you or your Las Vegas personal injury attorney must prove fault in your case using compelling evidence.
Understanding Nevada’s Negligence Laws
Most personal injury cases in Nevada are based on the legal theory of negligence. If someone is negligent, he or she fails to meet the expected standard of care for the situation. When negligence results in harm to another person, the injured party has the right to hold the negligent party accountable.
Modified Comparative Negligence Rule (51% Bar Rule)
Nevada also has a modified comparative negligence rule. Under this rule, an injured party can still receive financial compensation even if he or she is allotted a percentage of fault for the incident. However, the victim must be less than 51 percent at fault to recover damages.
With the majority share of fault, a victim no longer has the ability to receive compensation under state law. With 50 percent or less of fault assigned to a victim, the damage award will be reduced by a percentage equivalent to the degree of fault.
Elements of Negligence Under Nevada Law
Proving fault in a personal injury claim typically means proving negligence. Negligence has four elements of proof: duty, breach, causation and damages. There must be evidence establishing these elements as more likely to be true than not true.
Duty of Care
The defendant (accused party) must have had a duty of care regarding the safety of the plaintiff. In other words, the defendant had a legal obligation to act in a reasonable manner to prevent harm. An example is the duty of care that all drivers in Nevada have to obey traffic laws and prevent automobile accidents.
Breach of Duty
There must be evidence of a breach of duty, meaning an act or omission that fell short of the defendant’s duty of care. The defendant must have acted in a way that a “reasonably prudent” person would not have in the same or similar circumstances.
Causation (Direct Link to Injury)
The defendant’s negligent action or failure to act must be the direct or proximate cause of the injury or damage being claimed. There must be a cause-and-effect relationship between the defendant’s conduct and the plaintiff’s injury or harm.
Actual Damages (Physical, Financial, Emotional)
Finally, there must be proof of damages, or actual and compensable losses suffered by the plaintiff because of the defendant’s negligence. Claiming financial compensation is not possible unless the victim suffered losses such as medical bills, pain and suffering, or lost wages.
Key Evidence to Prove Fault in Nevada
Proving fault is not possible without evidence. Evidence refers to forms of proof that support the claim the victim is making. The evidentiary standard that must be met in a personal injury claim is a “preponderance of the evidence,” or enough to show that the claim is true with at least a 51 percent certainty. Evidence can be physical or tangible items, photographs, documents, videos, or testimonies.
Police Reports and DMV SR-1 Forms
Police and accident reports can be critical, especially in car accident claims. These reports can provide detailed facts and information about the accident that investigators can use to determine how it happened and who is at fault. Even if the police don’t get involved, the SR-1 Form you submit to the Department of Motor Vehicles can provide evidence for your claim.
Medical Records and Bills
The victim must have evidence proving the existence of his or her injuries. This primarily refers to medical documentation, such as hospital records and bills, notes from doctors, photographs of injuries, treatment plans, and medication prescriptions.
Photos, Videos and Surveillance Footage
Photographic and video evidence can be crucial for proving fault and negligence in a personal injury claim. It can provide indisputable evidence of injury causation, for example, such as unsafe conditions on a property or car accident details.
Eyewitness Statements and Expert Testimony
Statements from important witnesses can help establish fault. Eyewitness statements can provide additional information about the incident that can be used to piece together how and why it occurred. Testimony from relevant and qualified experts, such as medical experts and accident reconstructionists, can help settle disputes over who is responsible and prove damages.
How a Nevada Personal Injury Attorney Helps
Proving fault and recovering fair financial compensation for your losses as an accident victim in Nevada can be difficult. All accident victims have the right to retain legal representation from personal injury lawyers to help them navigate the process. A personal injury attorney can take many steps to help you prove fault and maximize the outcome of your case.
Conducting Investigations and Gathering Evidence
An attorney can return to the scene of the accident to collect evidence before it disappears. A comprehensive investigation can be used to gather important records and documents, witness statements, surveillance or dashcam footage, and official photographs of the scene. A lawyer can also issue subpoenas that require the other side of the case to preserve critical evidence.
Understanding State Laws and Local Court Procedures
Your lawyer will have years of experience handling claims in your local area. This will give the attorney key knowledge of state laws and court procedures to strengthen your case. A lawyer will be able to navigate any nuances involved in your particular case type, such as unique liability laws surrounding casino and hotel accidents, government property incidents, and traffic accidents involving rideshare or commercial vehicles.
Negotiating With Insurance Companies
Your lawyer can take over communications with an insurance company and claims adjusters to negotiate for maximum financial compensation on your behalf. Your lawyer will use proven tactics to improve the outcome of your case. Although most personal injury cases in Nevada reach settlements, your lawyer will also have the ability to go to court to pursue justice, if necessary.
Building a Strong Nevada Injury Case Starts With Proving Fault
Proving fault is the core of a personal injury claim in Nevada. Having a strong case starts with your ability to establish that someone else is at fault for your injuries and losses. Contact an attorney as soon as possible to start collecting evidence for you and building your claim.
The right lawyer will strengthen your case using outstanding investigative techniques, compelling storytelling and aggressive negotiation strategies. Contact Edward Bernstein & Associates today at (702) 710-6697 for a free initial case consultation.