What Happens If I’m Partially to Blame For The Accident?
Understanding Shared Fault in Personal Injury Claims
Hey, accidents happen, right? But even if you find yourself partly to blame for an accident, don’t sweat it too much. In Nevada, we use something called “comparative negligence.” That just means that if you’re partially at fault, it doesn’t completely bar you from recovering damages. Your compensation might be reduced by the percentage of your fault, but you could still be entitled to something. It’s like if you were found to be 30% responsible for what went down, your damages would be reduced by that 30%. So, don’t let the worry of being partly at fault keep you from exploring your options for recovery.
How Does Comparative Fault Work?
Nevada’s approach to personal injury claims involves a “modified comparative fault” rule. This means that if you are found to be partially at fault for an accident, your compensation is reduced by your percentage of fault. For instance, if your total damages amount to $100,000 and you are found 30% at fault, your compensation would be reduced to $70,000. Crucially, if you are found to be 50% or more at fault, you won’t be able to recover any compensation under Nevada law.
The Process of Determining Fault
Determining fault in an accident involves a detailed analysis of the incident. Evidence such as surveillance footage, witness statements, police reports, and expert testimonies are crucial. Both parties involved in the accident will have their actions scrutinized to determine their respective contributions to the accident. This is a complex process often requiring legal expertise to navigate effectively.
Why Legal Representation is Crucial
Having skilled legal representation is vital in cases of shared fault. Our Personal injury attorneys at Willoughby Shulman can help in several ways:
- Evidence Gathering: Attorneys have the resources to obtain comprehensive evidence that supports your case.
- Expert Witnesses: They can hire traffic accident reconstruction experts or other specialists to prove the extent of the other party’s fault.
- Negotiating with Insurance Companies: Experienced lawyers negotiate with insurers who often use comparative fault as a strategy to reduce payouts.
- Maximizing Compensation: They work to ensure you receive the maximum possible compensation, considering your partial fault.
- Impact of Fault on Insurance Claims
In dealing with insurance after an accident where you’re partially at fault, it’s common to face challenges. Insurers may attempt to attribute a higher degree of fault to you to lower their payout. Here, having an attorney becomes invaluable as they can challenge such assessments and push for a fair evaluation of the accident dynamics.
Real-Life Scenario: How Fault Affects Compensation
Consider a scenario where you’re involved in a slip and fall at a store but didn’t notice a warning sign about the wet floor because you were on your phone. If the court finds that your lack of attention contributed 40% to the accident, your recovery amount will be reduced accordingly. Here, an attorney could argue that the store’s negligence in properly securing the area was the primary cause, potentially reducing your degree of fault.
Consulting a Personal Injury Attorney
Navigating the complexities of a personal injury case when partial fault is involved can be daunting. An initial consultation with a personal injury attorney can provide clarity and direction. This meeting is usually free and can significantly impact the trajectory of your claim by preparing you for the legal challenges ahead.
Conclusion
If you’re dealing with the aftermath of an accident and are concerned about your part in it, don’t hesitate to seek legal advice. At Willoughby Shulman Injury Lawyers, we handle each case with the care and attention it deserves, ensuring that our clients receive the best possible outcome, irrespective of the complexities involved.
To understand more about how your case might be affected if you’re found partially at fault, or to discuss any personal injury concerns, reach out to us today at (702) 852-6688 for a free consultation. Let us help you navigate through these challenging times with expertise and compassion. Your recovery is our priority, and we are here to ensure you receive the support and compensation you deserve.