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Top 10 Facts You Need to Know About Nevada’s Comparative Negligence Law

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Understanding Nevada's Comparative Negligence Statute (NRS 41.141)

What is Nevada Revised Statutes 41.141?

  • NRS 41.141 is Nevada’s comparative negligence rule.

It allows accident victims to seek damages even if they share some fault for the accident.

NRS 41.141 explains Nevada’s rules for sharing blame in accidents. It lets accident victims get money for damages even if they are partly at fault. This law helps decide how much each person involved in an accident has to pay.

What is Comparative Negligence in Nevada?

  • Comparative negligence deals with accidents involving multiple parties at fault.

Victims can recover compensation unless their fault exceeds that of the defendants.

In Personal Injury Cases, comparative negligence differs from general negligence deals with situations where more than one person is at fault in an accident. In Nevada, you can still get compensation as long as your fault is not more than the combined fault of the others involved. This rule makes sure that everyone pays their fair share based on their level of responsibility.

How Does Modified Comparative Negligence Work?

  • Modified comparative negligence allows victims to recover if their fault is less than 51%.

 In Nevada, you can get damages if you are 50% or less at fault. For example, if you are found to be 30% at fault and the other person is 70%, your compensation will be reduced by 30%.

What Happens When There Are Multiple Defendants?

  • In cases with multiple defendants, collective fault is considered for recovery.

The victim can receive compensation if the combined fault of defendants is the same as or exceeds their own.

When an accident involves more than one defendant, the court looks at the total fault of all defendants. You can get compensation as long as their combined fault is greater than your fault.

What is Several Liability for Multiple Defendants?

  • Several liability means each defendant pays for their own damages.

Defendants are not responsible for each other’s share of damages.

If there are multiple defendants, each one only pays for their part of the damages. They are not responsible for the shares of the others.

When Can Comparative Negligence Be Used as a Defense?

  • Defendants must assert comparative negligence as a defense in a timely manner.

Failure to do so may impact the case’s trial proceedings.

Defendants must use comparative negligence as a defense during the trial. If they don’t, it can change how the trial goes.

What are Examples of Modified Comparative Negligence?

Understanding how modified comparative negligence works in real-life situations can help. Here are some examples:

  1. Example 1: If you are in a car accident and found to be 40% at fault while the other driver is 60% at fault, you can still get 60% of the total damages.
  2. Example 2: If you slip and fall in a store and are found to be 20% at fault because you were not paying attention, and the store is 80% at fault for not cleaning up a spill, you can get 80% of the total damages.

Is Settlement Possible with Multiple Parties Involved?

  • Yes, parties involved in negligence claims can settle individually.

Settlement with one defendant before trial doesn’t affect the trial with others.

In cases with multiple parties, you can settle with each one separately. Settling with one party does not affect the trials or settlements with others.

How Can I Get More Information or Assistance?

Get Legal Advice

For more detailed information or legal help regarding Nevada’s modified comparative negligence, it’s best to talk to a Las Vegas Comaprative Negligence attorney with decades of experience. The Law Office of Kevin R. Hansen in Las Vegas can give you advice tailored to your situation. Kevin R. Hansen, with over 25 years of experience in personal injury cases, and his team know Nevada’s comparative negligence laws well and can provide the legal help you need.

For detailed advice specific to your case, contact The Law Office of Kevin R. Hansen. Our team is here to help you understand Nevada’s comparative negligence laws and ensure you get the compensation you deserve.

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We offer Zero-Charge Case Evaluations, and a No-Win, No-Fee guarantee.  Put over 25 years of Personal Injury law experience on your side with the Law Office of Kevin R. Hansen. 

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