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Burden of Proof in Nevada Personal Injury Claims: Implications & Importance

How to Prove Negligence in a Nevada Personal Injury Case

If you’ve suffered injuries in an accident that resulted from someone else’s negligence, you may be wondering whether a personal injury attorney can help you recover financial compensation for your damages and losses. In order to win a personal injury case in Nevada, you and your attorney will need to sufficiently prove multiple elements. As the person who initiates the lawsuit, the burden of proof will be on you and your Nevada personal injury attorney. This means that you and your attorney will need to prove proof of multiple elements in order to win your case.

Nevada personal injury lawyer

What is the Burden of Proof?

In personal injury cases, such as car accidents, slip and falls, wrongful death, dog bites, and other similar situations, the injured party who filed the lawsuit is responsible to convince the jury of the multiple elements required to prove negligence. The plaintiff and their Las Vegas car accident lawyer will need to convince the judge or jury that it is more likely than not that their version of the situation happened and that financial recovery is allowed under state law. Exactly how this happens and what proof is needed will vary between cases.

Demonstrating Preponderance of Evidence

The burden of proof is often referred to as “the preponderance of evidence.” This means that the injured party who is filing the lawsuit must prove through evidence, testimony, and legal arguments that their version of what happened is accurate. They must further demonstrate that the defendant is more likely to be responsible than not for their injuries.

The defendant in the case does not need to prove that another version of events is accurate. Instead, they only need to convince the jury that another version of the events took place or that no one can really know what happened. This can reduce or eliminate their liability for what allegedly occurred. The burden of proof in Nevada civil court personal injury lawsuits is a lower standard than what is needed for criminal court cases.

Infographic that shows how an attorney can prove negligence

How Can My Attorney Prove Negligence?

In order to successfully prove negligence, your Las Vegas personal injury attorney will need to establish four separate legal elements:

Duty of Care

Your attorney must prove that the defendant had a legal duty of care toward you at the time of your injury. In car accident cases, this can be easy to prove because all drivers owe a responsibility to other drivers on the road. In hospitality settings such as hotels or casinos, the business owner owes a legal duty of care toward its guests. Other cases may find this element more difficult to prove.

Breached Duty of Care

Your Las Vegas car accident attorney will need to demonstrate that the defendant acted recklessly or negligently in a way that breached their duty of care to you. This might mean proving that necessary building maintenance was intentionally ignored, that the at-fault driver broke a traffic law, or that a property owner failed to post the required signage.

The Breached Duty of Care Caused Your Injuries

Your attorney can use medical records and other types of evidence to prove what happened at the scene of the incident, in order to demonstrate that your injuries were the direct result of the breached duty of care. You cannot pursue compensation for injuries that were acquired elsewhere.

The Injuries Resulted in Damages & Losses

Handling a personal injury case in Nevada You’ll need to prove that the injuries have negatively affected your quality of life, forced you to stop working or reduce your hours, required you to hire personal care, caused you to develop PTSD, or another loss.
In order to successfully establish each element of negligence, your Las Vegas personal injury attorney will conduct an investigation into the situation and gather evidence to build your case. This can include:

  • Video surveillance footage
  • Photographic evidence
  • Medical records
  • Witness testimony
  • Expert testimony
  • Phone records
  • Maintenance records

Learn How a Las Vegas Auto Injury Attorney can Help You

If you’ve been injured in Nevada as a result of someone else’s negligence, you need an experienced personal injury attorney who can guide you through the process, build a case on your behalf, and maximize your chances of obtaining a fair financial settlement. The attorneys at Benson & Bingham Accident Injury Lawyers, LLC, have decades of experience working with clients through a wide variety of personal injury cases and car accident cases. In fact, since 2003, we have settled over $500 million for our clients! We provide personal service each step of the way as we prepare your case and do everything we can to promote your recovery. Contact us today to schedule your obligation-free, confidential case review!



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11441 Allerton Park Dr #100
Las Vegas, NV 89135

Phone: 702-684-6900

Fax: 702-382-9798

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Las Vegas, NV 89101

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Las Vegas, NV 89123

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Reno, NV 89502

Phone: 775-600-6000

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Nevada Personal Injury Attorney

Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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