When two vehicles are involved in a crash, one driver is generally more at fault than the other. However, generally, it’s only in cases of extreme recklessness that one driver is 100% to blame. Determining the amount of responsibility each party has is key to getting the appropriate compensation for injuries and damages.
Not all states have the same type of negligence laws that determine how much compensation can be obtained by the person who bears the lesser amount of responsibility. Nevada follows what’s often referred to as a “modified comparative negligence” rule.
That means you can only seek compensation if you bear no more than half the responsibility for the crash. If that’s the case, then the total amount of compensation you’re due will be reduced by the percentage you are at fault. Say you take the at-fault driver to court, and a jury awards you $50,000 in damages. If you’re 10% responsible for the crash, you’d get 90% of that award. As you can see, that makes accurately determining exactly what happened in a crash crucial.
Types of damages
All states allow people to seek different types of damages and typically put caps (maximums) on those damages. These typically broadly fall into two categories: economic and non-economic damages. Economic damages are financial losses like medical bills, car repair or replacement costs. Non-economic damages are for what’s generally referred to as “pain and suffering” as well as loss of companionship and emotional distress.
Nevada also allows punitive damages in some cases, which can be worth triple the amount of compensatory damages. Punitive damages are typically a possibility when someone intentionally harmed the victim or acted with extreme negligence or recklessness. Nevada also allows damages of up to $5,000 for injuries to pets, and greater damages in some cases if the injured person is older (at least 60) or considered vulnerable.
This is just a brief overview of how damages and compensation are determined in a Nevada vehicle crash. It’s a lot to consider at a time when you should be focused on healing. That’s why it’s wise to have sound legal guidance so you can help ensure that you get the maximum possible compensation to help you recover and move forward.
