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Understanding negligence in Nevada

Accidents occur every day. In instances where parties cause those accidents due to negligence, personal injury claims may be beneficial.

In order to create and argue a personal injury claim successfully, it is important to understand and properly implement its various components. As far as the negligence aspect, there are a few key things to understand.

Definition

By legal definition, negligence is an individual's failure to utilize a proper level of care as a prudent individual would in the same situation. Generally, this involves acting in a certain way; however, in some cases, it may be the failure to perform a certain act or the act of omission. For example, a property owner not addressing or posting appropriate signage about dangerous conditions on the property that he or she is aware of is a form of neglect.

Elements

In order to prove negligence, a claimant must show that the incident involved all of the proper elements. One may think of these elements in four points:

  1. The party owed a duty of care to the claimant.
  2. The party did not uphold the duty.
  3. The claimant suffered harm due to the lack of care.
  4. The harm caused damages.

Having the proper evidence and witness testimony is crucial in proving an argument. A knowledgeable attorney may be beneficial in this process.

Contributory negligence

Along with proving the negligence of the other party, claimants should tailor arguments to minimize their contribution to the incident. Nevada's contribution law states, in short, that a claimant should not receive more than their "equitable share" of retribution for an accident. In other words, the court looks at the accident and determines the percentage of fault for each party. The court subtracts the percentage of fault of the claimant and awards payment for the rest. For example, if the court finds a claimant responsible for 25 percent of the accident, the award the claimant receives will be 75 percent of the total amount.

These are a few of the basic factors of proving negligence. Take some time to review the personal injury process as a whole to determine the best course of action for you.

 

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