Nevada Comparative Negligence Statute
Explained by a Las Vegas Personal Injury Attorney
Each state has different laws when it comes to comparative fault or comparative
negligence. This is the law that dictates who gets what when multiple
parties are deemed responsible for an accident. The comparative fault
law is often referred to as the "51 percent rule." What this
essentially means is that, even if you were partially at fault for the
accident, you can recover compensation so long as your liability did not
reach 51 percent. The exact statute is found in § 41.141 of the Nevada
According to Nevada's comparative negligence law,
In any action to recover damages for death or injury to persons or for
injury to property in which comparative negligence is asserted as a defense,
the comparative negligence of the plaintiff or the plaintiff's decedent
does not bar a recovery if that negligence was not greater than the negligence
or gross negligence of the parties to the action against whom recovery
In those cases, the judge shall instruct the jury that: (a) The plaintiff
may not recover if the plaintiff's comparative negligence or that
of the plaintiff's decedent is greater than the negligence of the
defendant or the combined negligence of multiple defendants. (b) If the
jury determines the plaintiff is entitled to recover, it shall return:
(1) By general verdict the total amount of damages the plaintiff would
be entitled to recover without regard to the plaintiff's comparative
negligence; and (2) A special verdict indicating the percentage of negligence
attributable to each party remaining in the action.
Say, for example, a driver of an SUV and a driver of a compact car are
involved in an accident. After a thorough accident investigation and an
evaluation of each driver's auto insurance coverage, the insurance
companies determine that the driver of the SUV was 60 percent at fault
while the driver of the compact car was 40 percent at fault. If the total
amount of damage was $4,000, then the driver of the compact car can recover
up to the percentage that the other driver was liable, namely 60 percent.
This would equate to $2,400. In some states, the other driver may be able
to recover up to 40 percent, but this is not the case in the state of
Nevada. Because the driver of the SUV was 60 percent liable, they exceed
50 percent and are no longer entitled to receive compensation from the
other driver's insurance.
There are other provisions of the comparative negligence statute that can
be complex to apply to specific personal injury accidents. The
Las Vegas personal injury attorneys at Shook & Stone can help you in a variety of different factors, such
as when the action is settled before the entry of judgment, when recover
is allowed against more than one defendant, when strict liability is involved
and also issues such as joint and several liability. A thorough evaluation
of your case is necessary to ensure that you are getting the maximum amount
that you are entitled to after an accident involving possible comparative fault.
How can a Nevada injury lawyer help me?
Regardless of what type of accident you were involved in,
product defect, etc., the Nevada injury attorneys at Shook & Stone may be able to
assist you. Our firm understands statutes like the Nevada comparative
negligence laws and can assist in applying them to your case. We always
fight to see that our clients receive maximum financial compensation,
even when they are partially at fault. Many individuals are not fully
aware of their rights under Nevada law, but our goal is to explain the
law and provide exceptional legal counsel to all who contact our firm.
To learn more about comparative negligence and how the 51 percent rule
could play a role in your case, call today.