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What Is Comparative Negligence and Why Does It Matter?

Personal injury claims are predicated on people seeking financial damages when they have suffered a serious injury due to the negligence of others. In other words, if someone else harms you, you have a legal right to seek compensation.

Sometimes serious injuries occur as a result of a series of decisions by numerous people—including the actions of the injured person. So does a person who bears some responsibility in his or her own injury have any right to compensation? Herein lies the legal theory of comparative negligence.

Comparative Negligence Explained

In the past, Nevada recognized the principle of contributory negligence, which barred a person who held any responsibility for an accident from recovering damages from the other party. So even if another driver was 99% at fault for an accident, the victim could not collect a dime when it came to their personal injury.

This was harsh and ended up being unfair to many victims of truly negligent people. So fortunately, the state shifted to recognize comparative negligence instead. Comparative negligence, in contrast, looks at the big picture and:

  • allows an injured person to recover even if that person was up to 49% at fault for the accident; then
  • reduces the total damages recoverable by that person’s percentage of

In other words, you are not cut off from relief if you bear some fault for the accident. However, if you are found to be 50% or more responsible for an accident, then you are not entitled to recover damages.

The issues of fault and allotting a percentage of fault can be unpredictable as juries are tasked with making this finding, separate from the issue of damages. A smart, experienced personal injury lawyer understands this well, will convey your story as it happened, and will fight for your voice to be heard.

Trust Viloria, Oliphant, Oster & Aman L.L.P.

Viloria, Oliphant, Oster & Aman, L.L.P. is a law firm that offers a wide range of legal services to individuals, including personal injury representation. If you have been seriously injured as a result of someone else’s negligence, you may have a claim for financial compensation. To effectively exercise your legal rights and to stand up against big insurance companies, contact us today. Our attorneys are thoughtful, dedicated, and highly effective when it comes to fighting for our clients. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.