If you have been in a car accident and share responsibility, you might wonder if you could get compensation for your injuries. Are you disqualified because you played a role? The good news is, no you are not disqualified. The state of Nevada operates under modified comparative negligence which allows you to get compensation even if you were partly at fault. However, it depends on the circumstances and a Las Vegas personal injury lawyer can help walk you through the specifics.
What Is Modified Comparative Negligence & How It Affects You If You’re Partially At-Fault
MModified comparative negligence is the rule that Nevada operates under when it comes to personal injury law. It plays an important role when two or more parties are at-fault for the same accident. It allows someone who is partially at-fault to recover compensation for their injuries. However, there are stipulations.
Under modified comparative negligence, you will be barred from claiming damages if your fault is 51% or more. If you carry less than 50% of the fault, your compensation will be reduced by the percentage of fault you carry. For instance, if you were in a car accident and you were found to be 20% at-fault, you can still claim compensation, but the amount will be reduced by 20%. Your Las Vegas personal injury lawyer can help ensure you get the compensation you deserve even if you are partially at fault.
Las Vegas Damages You Can Claim & How Partial Fault Affects Them
After an accident, your injuries can have a substantial effect on your life. You could be suffering from pain, high medical expenses, property damage, and more. You can claim compensation for these damages which include:
- Medical expenses
- Lost wages
- Loss of future income
- Pain and suffering
- Property damage
- Loss of consortium
- Emotional distress
But what if you are partially at-fault? Let’s say that after careful calculation, your Las Vegas personal injury lawyer determines that your total damages are $60,000. You carry 25% of the blame. You will still receive compensation, but the total will be reduced to $45,000. Insurance companies are notorious for pushing more blame on you than you deserve in order to reduce the settlement amount so make sure you are in contact with a lawyer licensed in Nevada.
How Insurance Companies Deal With Shared Fault
After an accident, the insurance companies will step into action investigating what exactly happened. Don’t be fooled, they are not on your side and will do everything they can to shift blame to the other driver. For instance, here are some of the tactics insurance companies may use:
- Questioning your statements or actions
- Pointing to technical violations like disobeying traffic laws
- Disputing the severity of the impact
- Highlighting favorable portions of the police report
- Downplaying anything that supports your claim on a police report
- Arguing that you were driving distracted
- Suggesting the injury was preexisting
What Should You Do After An Accident If You Are Partially At-Fault
The steps you take after a car accident are crucial in determining how much fault you are assigned and what compensation you deserve after an accident. If you’re in a car accident, especially if you believe you are partially at fault, you should do the following:
- Seek medical attention right away: Even if you don’t feel injured, see a doctor or health clinic promptly. Early evaluation protects your health and creates medical documentation linking any injuries to the accident. Some conditions have delayed or subtle symptoms, so seeking care right away is important even if you feel fine.
- Get a Police Report: Call the police and get a police report. In Nevada, drivers must file a SR-1 crash report with the DMV within 10 days of an accident that causes injury, property damage over $750, or death if the crash wasn’t investigated by the police. If investigated by the police the report should include law enforcement observations, statements from drivers and other witnesses, and any traffic violations that occurred.
- Take Photos and Videos: If you are able, take photos and videos of the accident scene. Include the vehicles involved, injuries, skid marks, debris, traffic signs, and road conditions. If you believe anyone else took videos or pictures, get their information and content as well.
- Do not admit fault: Even if you know you were partially at fault, do not admit any fault. Avoid saying anything about the accident if possible. Especially comments like “I didn’t see you” or “I’m sorry”. When speaking with anyone about the accident, just state facts.
- Inform Your Insurance Company: Tell your insurance company about the accident, but keep the details vague and stick to the facts. Insurance companies keep track of everything you say and your early statements could be used against you.
- Contact a Las Vegas Personal Injury Lawyer: At any point after the accident, you should reach out to a Las Vegas personal injury lawyer. They can protect your rights, advise you on what to say and what to avoid, negotiate the settlement for you, and help you understand what to expect throughout the process.
Why Legal Help In Shared Fault Car Accident Cases Matters
Insurance companies are out to protect their skin and pay as little as possible. Because modified comparative negligence law can reduce your payout, hiring a car accident lawyer for your accident case can be the single most helpful decision you make after an accident.
Your Las Vegas personal injury lawyer will aggressively negotiate for you on your behalf. They will investigate the accident and find evidence to make sure you are assigned a fair amount of fault. If the settlement you are offered is not fair, they will gather evidence to prove what you deserve. They can take your case to court, if needed, and will walk through the entire process with you, pursuing the compensation you deserve.
Hire Our Car Accident Lawyer for Your Accident Case
