When Does Joint Liability Apply In Nevada?
After a personal injury situation that involved multiple parties, you may be facing a case with joint or several liability. In these cases, there may be multiple parties who contributed to your injury and are legally liable for your damages. Nevada handles these types of situations differently than many other states, so be sure to consult with your Nevada personal injury lawyer for guidance on your situation.
Nevada’s Law of Comparative Negligence & Joint Liability
When it comes to car accidents and other cases of personal injury, Nevada
recognizes the law of comparative negligence, which means that liability can be divided between more than one party. In a multiple-vehicle accident, more than one driver may be found at fault for the collision, which means separate parties may be liable for a smaller percentage of your damages.
Sometimes, a victim is partially responsible for their damages, such as in a car accident where one driver’s negligence or recklessness causes another driver to make a poor judgment that results in a collision. When more than one party is liable for a personal injury case, the parties who are less than 51% responsible can still seek financial compensation, although it will be scaled based on their percentage of liability.
What is Joint & Several Liability?
Although often used together in one phrase, joint and several liabilities are actually two separate ideas. This is an important distinction because Nevada is one of just a few states who distinguishes between the two types of liability.
Joint Liability
This refers to the idea that multiple parties are liable for the full amount of a victim’s damages. Each party is responsible for the victim’s losses, but it doesn’t matter who pays. The victim can only recover financial compensation for their values once.
Several Liability
This means divided liability among the people who were responsible. Each party is only responsible for their portion of the victim’s damages, and the victim must collect separately from each party. This can make your case more complicated as your Las Vegas personal injury attorney must work on your behalf to collect smaller amounts from each responsible defendant.
When Does Nevada Recognize Joint Liability?
Although Nevada primarily recognizes several liability, there are some situations where joint liability may still be applicable, including situations of toxic or hazardous substances and product liability. If a defendant is strictly liable, they are obligated to pay the full amount of your financial compensation. When multiple people conspire together to intentionally injure someone, the situation falls under joint liability. However, in car accidents and most other personal injury situations, only several liability applies in Nevada.
Joint and several liability can become clouded when a situation is a result of both negligent and intentional actions. Nevada’s precedent based on the Café Moda case indicates that in these situations, only the party who acted intentionally is liable for the damages of the victim. These situations can become complicated, which is why working with a trusted Las Vegas auto injury law firm for any personal injury situation is crucial to help you understand the law and to maximize the financial compensation that you are owed for your losses and damages.
How Can a Personal Injury Attorney Help Me?
Personal injury cases with joint or several liability can be overwhelming and confusing, especially for victims who are struggling with serious injuries or life changes as a result of the situation. Several liability can create unique challenges and complications that are not faced in other types of personal injury cases. Seeking representation from a trusted Las Vegas car accident attorney can help you understand your case and learn how the law applies to your situation.
Your injury attorney will listen carefully to your story, seek evidence to build a strong case on your behalf and speak to the judge or jury in a way that is favorable for you. Personal injury attorneys are experienced in preparing strategies to maximize your financial compensation and can help collect judgments from multiple parties when several liability applies to your case.
Get Representation From Nevada’s Leading Personal Injury Attorney Firm
If you’ve been injured in a car, truck, or motorcycle accident, or been the victim of a personal injury situation in which multiple parties may be responsible, schedule your free consultation with the trusted attorneys at Benson & Bingham Accident Injury Lawyers, LLC. Our team has decades of experience supporting victims through personal injury settlements and litigation. We will fight assertively for your rights and interests as we work to maximize your compensation and provide trusted legal advice. Trust us to be on your side from start to finish. Contact us today to schedule your confidential consultation and learn more about how we can help your personal injury case.