Determining fault when accidents happen is always a question of blame. Understanding how fault and negligence are defined and proven in Nevada is one of the major factors in determining compensation. A Las Vegas personal injury lawyer at Lerner and Rowe can help establish the facts needed to build a strong personal injury claim.
Defining Negligence in Personal Injury Law
Negligence is a fundamental concept in personal injury law, explaining situations where unintended harm leads to liability. When someone acts negligently, they fail to behave in a way that a reasonable person would under the same sets of circumstances. In personal injury law, when someone engages in this behavior, and it results in injury and accident, they can be held liable.
In addition to successfully identifying that the defendant breached this duty, a personal injury case requires evidence that the defendant’s breach of their duty was the proximate cause of their injuries. The failure in question must have led directly to the injury. The crux of the issue in a claim for negligence is to determine whether or not the defendant acted differently from how any other reasonable person should have done, leading to the condition or action that harmed someone else.
The victim will have to show the conduct of the responsible party resulted in their injuries. This might often require showing that the defendant’s actions—or inaction—were not just insufficient, but directly caused plaintiffs’ harm. Personal injury lawyers have the skills and knowledge to determine this. Personal injury attorneys must become familiar with these nuances.
Types of Personal Injury Cases Involving Negligence
Negligence can arise from numerous types of personal injury cases in Las Vegas. Some common types of personal injury claims include:
- Car accidents, often caused by drivers who were distracted, speeding, or otherwise mostly in violation of traffic laws.
- Slip and fall incidents resulting from a wet floor or uneven surfaces in public or private properties.
- Medical malpractice where health care providers who fall below the acceptable norm, thereby causing patient injury.
- When dangerous or defective products cause harm to consumers, manufacturers can be held accountable and face lawsuits.
For any of these types of accident cases, the injured party needs to prove that their injuries are a direct result of the defendant’s negligence. In many cases, this requires a deep investigation with significant evidence to prove fault.
How Nevada Law Defines Negligence
In Nevada, negligence in personal injury law is defined by four crucial elements: duty, breach, causation, and damages.
- Duty refers to the legal obligation one party has to another. An example of this is that a driver must follow traffic laws to make sure that other people stay safe on the road.
- A breach occurs when this duty is not met, such as when a driver runs a red light.
- Causation links this breach directly to the injury suffered. When causation is established, the breach of care is directly connected to the other party’s legal obligation.
- Damages refer to the actual losses or injuries incurred by the victim, which can range from medical expenses to lost wages and emotional distress.
All four elements must be established to successfully prove negligence under Nevada law.
Gathering Evidence for a Negligence Claim
Personal injury cases require the plaintiff to gather and present evidence that contains proof of their arguments. Police reports are great because they usually offer a neutral version of the incident. The medical records, on the other hand, show the scope of the injuries and their treatment. Accounts from those present at the time of the crash provide important first person accounts of events.
Photos or videos from the scene can be priceless in order to catch the things that lead to an accident or injury. For example, photographs of a wet floor in relation to a slip and fall case can help illustrate negligence.
It can also be important to involve expert witnesses—for example, accident reconstruction scientists who can help to recreate the scene and show how negligence caused an accident. Medical experts can speak to the severity of injuries and their long-term impact.
Employment records may also be needed to demonstrate lost wages because of the injury. Without a doubt, the most devastating is the written word: emails or messages that can prove what happened, or that someone is responsible for the injuries you suffered.
Legal Processes and Timelines in Nevada
The discovery phase happens after a complaint is filed in civil court, where both parties exchange pertinent information and evidence. Discovery is a complex process involving depositions and exchanges of evidence before the case goes to trial.
Nevada’s statute of limitations allows the filing of a claim two years from the date of injury. Missing this deadline can result in the dismissal of your case. The dispute may be resolved without a trial through mediation or a settlement. If a settlement is not reached, the case goes to trial. Once the court makes a decision, either party has the option to appeal if they believe legal errors influenced the outcome.
Common Defenses Against Negligence Claims
Defendants may assert different defenses to the claims made against them. A common defense is contributory negligence, where the defendant asserts that the plaintiff somehow contributed to their own injuries. If the plaintiff is deemed to be 50% or more at fault, then they may very well be completely barred from recovering any compensation.
A further defense is the assumption of risk (often present in cases related to those engaging in recreational sports or inherently dangerous professions). In claims where this is an aspect, defendants assert that the plaintiff participated in the activity even though they knew the risks.
The statute of limitations is another key defense, as defendants often claim the lawsuit was filed after the deadline.
How Lerner & Rowe Can Assist in Your Personal Injury Negligence Case
A personal injury lawsuit can be overwhelming, especially trying to establish fault. Lerner & Rowe concentrates on the facts to help clients get results. Our personal injury attorneys have decades of experience handling injury cases of all kinds and know what it takes to prove negligence under Nevada law.
The team at Lerner and Rowe will help you gather important evidence for your claim, including medical records, police reports, and eyewitness statements. We know how to construct persuasive arguments that connect the violation of a duty to your injury. Along with this, we will provide significant evidence to support the claim that you suffered damages.
Call our office at any time of day or night by dialing 702-877-1500. Our LiveChat feature is also available 24 hours a day, 7 days a week. Our company has a track record of obtaining the highest possible compensation for our customers. You will receive a free consultation and there will be no fees until we win your case.