If you were partially at fault in causing your car accident, you might think this prevents you from receiving any compensation from the driver who was primarily at fault. Fortunately, this may not be the case. However, your fault could be a determining factor in how much compensation you receive.
How Nevada’s Modified Comparative Negligence Could Affect Your Settlement
Nevada follows the modified comparative negligence rules in determining who pays what in a car accident, slip and fall, or other personal injury case. It is also known as the “51 percent rule.” Under modified comparative negligence, an injured party’s recovery is limited by the percentage of his own fault, and he would not be entitled to any money if his fault was over a certain threshold. It could affect your settlement amount in the following ways:
- If you were 51 percent or greater at fault in causing the accident, you would not be entitled to any money.
- If you were less than 51 percent at fault, you would be entitled to compensation, but the amount would be reduced by the percentage of your fault. For example, if you were 25 percent at fault, a $500,000 award would be reduced to $375,000—still a substantial sum.
In a jury trial, the jury would be asked to decide the full amount of compensation you would be entitled to without a determination as to who was at fault as well as a special verdict indicating the percentage of fault for each party. The judge would use this information to set the final amount of your award.
Of course, the insurance company for the negligent driver will try to argue that you are more at fault than you really were to deny or reduce your claim. That’s why you need an experienced car accident attorney on your side. Hurry to not miss the deadline to sue. Call us at 866-299-0558 to schedule a free consultation to learn how we can assist you.