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No. Nevada is a “fault state” for car accidents and personal injury cases in general. This means that at-fault parties – and their insurance companies – are legally obligated to pay for the injuries and damages they caused.1
People in car accidents are strongly advised against speaking to insurance adjusters themselves. Adjusters know how to coax incriminating statements out of unsuspecting accident victims. And what they unwittingly utter in the traumatic aftermath of an accident can come back to haunt them during settlement talks or in court. Instead, victims should rely on their Nevada personal injury attorneys to do all the talking.
Nevada is a modified comparative negligence state (“shared fault“). This means that parties who are at least 50% responsible for an accident are liable to the victims, even if the victims share some of the blame – such as by not wearing a seat belt during a car crash.
For example if a car crash case goes to trial, defendants who are only partially at fault are required to pay less money than defendants who were 100% to blame. For example, a defendant that was only 75% at fault should pay only 75% of the total damages.2
Following a car accident, victims can either:
It is highly recommended that people in a car accident hire a personal injury attorney to bring suit (or at least to engage in aggressive pre-litigation settlement talks in an effort to avoid a lawsuit). This typically results in the highest payout for the victim.
Experienced Nevada car accident attorneys know what to say – and what not to say – to maximize the odds of a large settlement. An insurance company’s sole focus is to pay out as little as possible, whether the recipient is at fault or not. A personal injury attorney’s job is to hold these insurance companies to task to help ensure their clients are getting every cent available under the law.
People who are less than 50% at fault for their car accidents should not see their insurance premiums increase. But people found to be at least 50% at fault are susceptible to getting their premiums increased.3
Unlike with personal injury cases, Nevada is a no-fault divorce state. A no-fault divorce does not require the spouse seeking the divorce to accuse the other spouse of any wrongdoing. The first to file can simply state that the two no longer get along.
Before the implementation of no-fault divorce, one spouse was required to prove that the other spouse was at fault for the demise of the marriage. Now, no-fault divorces are granted in situations of:
However, fault can still be considered when determining property divisions or awarding alimony.4
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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