Understanding Comparative Fault in Slip and Fall Accident Cases - How it Affects Your Claim

Have you suffered from serious injuries in a slip-and-fall accident in Nevada? Do you want to file a claim but are not sure who might be at fault for your slip and fall injuries or if you qualify for compensation? Then consider hiring an experienced lawyer for slip and falls in Nevada. Personal injury attorneys can evaluate your case and determine the implications of comparative fault in Nevada- getting you fair compensation.

Comparative fault is a legal concept that comes into play in almost every slip and fall accident. Read on to learn more about comparative fault in slip and fall accident cases and how it can affect your claim.

Comparative Fault Explained

Comparative fault is a legal defense that is asserted in virtually every slip and fall case. It is a legal principle that allows a court to reduce the amount of damages that a plaintiff can recover in a negligence claim based on the degree that the plaintiff contributed to the slip and fall.

However, the court's decision depends on the type of comparative negligence your state follows. Therefore, sometimes the version of comparative negligence your state follows can also prevent the plaintiff from receiving any compensation.

For example, contributory negligence prohibits the plaintiff from suing the defendant for compensation even if the plaintiff is one percent at fault. Likewise, a pure comparative negligence is where the victim is 99 percent at fault while the defendant is at least one percent to blame.  

To be precise, Nevadauses modified comparative negligence to apportion fault in slip and fall cases.  This means that a plaintiff may still be able to recover damages in a slip and fall accident even when they are partially to blame for the event.

Nevada Revised Statute 41.141- Comparative Negligence

The rules of comparative negligence in Nevada are mentioned in Nevada Revised Statute 41.141. It means  that the plaintiff (victim) can still recover damages provided their negligence is lower than the defendant’s negligence. In other words, their negligence must not exceed 50%.

However, it is easier said than done because proving the claim can be difficult unless you have a team of personal injury case lawyers by your side. Therefore, how you pursue the case can significantly impact the slip and fall accident case outcomes. So, seek legal assistance to move forward confidently and get compensated fairly.

Comparative Negligence- How it Affects Your Claim?

As Nevada is a modified comparative negligence state, comparative negligence can significantly affect your financial claim- depending on your percentage of fault and legal case representation. Here’s how:

Prove Your Claim- Provide Evidence

You need to provide proper evidence to establish that the defendant was partially at fault for your slip and fall accident and that it could have been avoided. It should include the following:

The defendant/ property owner owed you (the plaintiff) the duty of careThe defendant breached their dutyYou were injured because the defendant breached their duty.

Your Financial Recovery Depends on the Percentage of Your Fault

The amount you recover for injuries and losses in a slip-and-fall accident is affected by the percentage of your fault. The jury calculates the total damages and determines the percent of your fault. The recovery amount is reduced by the percentage of your responsibility assigned by the jury.

Let’s take a look at an example for a better understanding:

Suppose you have a claim and you’re awarded $50,000 in damages by the jury. However, you are 10% at fault for the accident. In that case, the court will lower your compensation amount by 10% of the awarded amount of $50,000. So, you will recover $45,000 instead of $50,000.

Another way your claim may be affected is that, let’s suppose, you’re awarded $50,000 for slip and fall damages by the jury. However, the jury determines that you are 60% to blame for the accident. In such a situation, you will not recover anything. It is because you’re more than 50% to blame.  

How Can Accident Injury Attorneys Help? 

With an experienced slip-and-fall accident lawyer in Nevada to represent your case, you can increase your chances of getting the compensation you deserve. At The Bourassa Law Group, our lawyer can help you seek justice and compensate you for losses and injuries.

As the jury examines the actions of the parties involved and considers all evidence to assign fault percentages to each party in the case, it all comes down to case building and legal representation. And that’s what we focus on. From collecting witness testimonies to expert analysis and skillful arguments by our personal injury case lawyers, we prove how other parties are responsible for the negligence in your claim and the compensation you’re entitled to. We strive to get you the best outcome. Schedule a free consultation with our attorney today.