You can still recover financial compensation even if you were partially to blame for your accident. Under Nevada’s modified comparative negligence rule, you can still receive monetary compensation for an accident if you were not more than 50 percent responsible for it. For a more in-depth discussion, contact us at Valiente Mott for a free consultation. We are a team of hard-working and dedicated lawyers, who are committed to your success in recovering what you are owed from a car accident. Our mission is to help carry the burden so you can focus on your recovery.
The Modified Comparative Negligence Rule
Modified comparative negligence means that if you are found to have been partially at fault, your total amount of damages or losses will be reduced according to your share of the responsiblity. So, if you sustain $1 million worth of damages in a drunk driving accident but are found to have been 20 percent at fault, you would still recover $800,000. However, as noted above, any party found to have been more than 50 percent responsible for the accident would be ineligible to recover anything.
How Do They Determine My Share of the Blame?
Most car accident claims ultimately settle out of court. However, if your case goes to trial, the jury will determine the amount of fault assigned to each party in your case. They will utilize several different factors to do this, such as the following:
- The police report. It may acknowledge that the other driver was under the influence but also state that you were speeding.
- Statements made by eyewitnesses. Maybe the eyewitness saw the other driver run a stop sign but also saw you texting while driving.
- Surveillance footage. For example, footage from a dash cam or a surveillance camera on private property that captured the accident.
- Medical records. One party may not have followed the doctor’s medical advice, so the jury may find that that party would have physically recovered sooner and incurred a smaller amount of damages by following that advice.
- Statements made by other parties. For example, a medical professional or insurance adjuster.
- Evidence collected at the scene of the accident, such as skid marks, damage to each vehicle, or items found in the vehicles.
How We Can Help
If you believe that you may have been partially responsible for your accident, our Las Vegas car accident lawyers at Valiente Mott strongly recommend that you consult with an experienced lawyer as soon as possible. Understanding your rights, the strengths and weaknesses of your case, the approximate financial value of your claim, and any pending legal deadlines can make a crucial difference to the outcome of your case.
Contact Us for a Free Case Evaluation
At Valiente Mott, we are compassionate toward our clients but aggressive and assertive when it comes to standing up for their rights. We know that these accidents can be life-changing for you. If you have questions about your ability to recover financial compensation even if you might be partially to blame, call us today to arrange a cost-free consultation with a car accident lawyer in Las Vegas. There is no obligation to hire us afterward. And since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
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