Nevada's "comparative negligence" law allows a plaintiff in a personal injury case to recover a percentage of the plaintiff's damages as long as one or more defendants were at least 50% responsible for the injury or accident.
Nevada's "comparative negligence" standard is sometimes called "comparative fault," "shared fault," "modified comparative negligence" or "modified comparative fault."
To help you better understand Nevada's law on comparative negligence / shared fault, our Las Vegas personal injury lawyers explain the following:
- 1. Does Nevada follow the "contributory negligence" rule?
- 2. Does Nevada follow the "comparative negligence" rule?
- 3. Nevada's "modified comparative negligence" rule
- 4. How does a jury apportion blame in a Nevada personal injury lawsuit?
Not any longer. In the past, many states -- including Nevada -- followed a “contributory negligence” standard. Under the doctrine of contributory negligence, if you were even slightly at fault for an accident, you would not be entitled to any recovery whatsoever.
This approach came to be viewed as draconian and unfair to many accident victims. As a result, most states (including Nevada) now apportion blame under a system known as "comparative negligence."
Under Nevada's comparative negligence law, if you are partly to blame for an accident, the total compensation you would otherwise be entitle to is reduced by the percentage of the injury for which you are responsible.
Example: Joe is driving 45 mph in a 35 mph residential zone. The light is green in his direction. As he crosses the intersection, Bill runs the red light at 35 mph and hits Joe, leaving Joe with a catastrophic injury under Nevada law.
A jury determines that Bill's injuries are worth $1,000,000 in damages. However, the jurors also determining that because Joe was speeding, he is 20% to blame for the accident. As a result, Joe's award is reduced by 20% and he recovers $800,000 (80% of $1,000,000).
Yes, but with a twist. Under a pure comparative negligence / shared fault standard, blame can be apportioned in any combination, as long as the total adds up to 100%.
For instance, let's say that in the above example, it was Joe that had run the red light and Bill that had been speeding. Under a "pure" comparative negligence approach, Joe would be 80% responsible for the accident. His $1 million in damages would be reduced by 80%. But Bill would still have to pay him $200,000 even though Joe was largely responsible for the accident.
While this may seem fair, in some cases this could lead to grossly unfair results. For instance, Bill -- who was only 20% at fault -- would still have to pay the full costs of defending the lawsuit. He would bear all of his attorney's fees and costs.
To remedy this, Nevada adopted a "modified comparative negligence" standard in 1973. Under Nevada's modified comparative fault rule, you can only recover for a personal injury if you are less than 50% at fault.
Nevada's comparative negligence law, is set forth in Section 41.141 of the Nevada Revised Statutes (NRS). It is a "modified" comparative fault statute in that it allows proportional recovery only when you are less than 50% responsible for an accident or injury.
Specifically, NRS 41.141 provides:
In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or plaintiff's decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.
In other words, if the jury determines that the defendant or defendants together are slightly more than 50% responsible, then the plaintiff will recover something. But the plaintiff is even 50% or more at fault, he or she is entitled to nothing, no matter how serious the injury.
If the jury determines that plaintiff is entitled to recover, the jury will return two verdicts:
- A regular verdict indicating the plaintiff's total damages (without taking into account the plaintiff's fault); and
- A special verdict indicating the percentage of negligence attributable to each party.
As long as the plaintiff's shared fault is less than 50%, the judge will then reduce the plaintiff's damage award by the percentage of the accident attributable to the plaintiff.
- Example: Carrie and Delilah are involved in a car accident that causes $100,000 in damages to Carrie. Carrie sues Delilah. The jury decides that Carrie's negligence contributed to the accident and that she is 25% at fault while Delia is 75% at fault. Under Nevada's comparative negligence standard, Carrie will receive a judgment of $75,000 (75% of the total amount) from Delilah.
- However, let's say that instead the jury finds that it was Carrie who was 75% responsible for the accident. Under Nevada's modified comparative negligence law, Carrie recovers nothing because she is more than 50% at fault.
This is, of course, a simplified example of how the modified comparative fault standard operates. There are variables and complexities in each case that may affect the victim's ability to recover for injuries suffered in an accident.
Our Nevada personal injury lawyers can go over the facts of your case and help you determine whether it makes sense to proceed with a claim for your losses.
Partially at fault for your accident? Call us for help...
Even though an accident may seem to be a straightforward case, comparative fault in Nevada is not always easy to determine.
Before you write off your chances, why not contact us for a free, no-obligations consultation?
To schedule your free consultation, call our Las Vegas personal injury attorneys at 702-DEFENSE (702-333-3673) or fill out the form on this page. You may be entitled to compensation!