What is required to prove negligence if injured

On Behalf of | Aug 25, 2021 | Personal Injury |

Anyone who is injured in an accident in Nevada that was caused by another party could potentially have a legal case for financial compensation when they can prove their claim. There are established rules for proving responsibility that center around causation and negligence. Proving the claim can actually be a difficult task in many instances, while other claims are repercussions of an obvious case of negligence, and even gross negligence in some instances.

Causation and accident correlation

The first prong in establishing liability for an accident causing a personal injury resulting in serious harm is connecting the injured victim with the party responsible for the accident. In car crashes, this is usually done through the official accident report delivered by law enforcement authorities after the fact. This evidence proves the accident occurred and that the respondent was a party. Additionally, this establishes a reasonable duty of care to the injured claimant.

Proving negligence

Once the reasonable duty of care is established, the next step in proving the claim will be establishing that the respondent was negligent and failed in that duty. While a driver may be somewhat negligent in their actions involved in the accident, they may not be liable for any personal injury resulting in serious harm if they are less than half at fault for causing the accident. Nevada uses modified comparative negligence law at the 51% bar level, which means that a 50-50 causation accident will still result in each driver receiving 50% of their total claimable financial damages.

While some accidents in Nevada are relatively simple cases, many are not. This is especially true when serious injuries are suffered at the hands of a reckless driver who may have exhibited gross negligence in the process. Gross negligence can carry additional punitive damages for victims when proven in a trial.