Car accidents happen all of the time as a result of inebriation, distractions, speeding and recklessness — just to name a few examples. Victims who are injured as a result of another driver’s negligence may be entitled to compensation. Compensation can help victims recover from their financial losses after an accident.
Every car accident case is unique, and the amount of damages victims can recover from their claim may be different than others. It can help to understand how compensation is determined in Nevada for a car accident claim. Here is what you should know when determining the value of your personal injury claim:
Understand how fault affects an auto accident claim
With a successful auto accident claim, victims can recover compensation for medical bills, lost wages, property damages, wrongful death and emotional turmoil. However, the amount of damages the victim can recover is determined by the amount of fault. Fault refers to the actions that led to an accident, such as whether a driver made an illegal turn or was drunk at the time of an accident.
Nevada follows a modified comparative negligence system. This means that the victim can recover compensation if it is proven that they are less than 50% negligent in an accident. If the victim was more than 51% negligent, they may not be entitled to compensation. Furthermore, the amount of damages can be reduced by the amount of fault. For example, if the victim was 20% at fault for an accident because they were speeding, the amount of recoverable damages is reduced by 20%.
The victim can prove that the defendant was at fault for an accident by presenting evidence during a case, such as a police report, video recordings, pictures, expert recreation and witness statements. Legal guidance can help victims build a case to recover fair compensation.