# Understanding Nevada’s Modified Comparative Fault

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When someone is injured in an accident or a family loses a loved one due to negligence, establishing **fault** is often at the heart of pursuing compensation. In Nevada, this process is governed by a legal doctrine known as [**Modified Comparative Fault**](https://www.leg.state.nv.us/nrs/nrs-041.html#NRS041Sec141), codified under **NRS 41.141**.

At [**Shook & Stone**](https://www.shookandstone.com/), we work with clients every day who are navigating the complexities of this law. Here’s what you need to know, and how our experience helps ensure your rights are protected.

### **What Is a Modified Comparative Fault?**

Under NRS 41.141, when more than one party shares responsibility for an accident or injury, a court may **assign a percentage of fault** to each party involved, including the injured person or their estate.

**Key Rule:**

If the plaintiff (injured party) is found to be **more than 50% at fault**, they are **barred from recovering any compensation**.

If the plaintiff is **50% or less at fault**, they can still recover damages, but their award will be **reduced in proportion to their percentage of fault**.

![Cta Image](https://www.shookandstone.com/wp-content/themes/shook-and-stone-redesign/assets/app/img/cta-1.webp)  Injured by someone else's negligence? We'll help you get the compensation you deserve for your injuries. [(702) 570-0000](tel:+1(702) 570-0000)

### **Examples of How It Works**

Let’s say you’re injured in a car accident, and the jury finds:

- The other driver is **70% at fault**
- You are **30% at fault**
- Your total damages are **$100,000**

Under NRS 41.141, you would be eligible to recover **$70,000** (your damages reduced by your 30% share of fault).

However, if you were found **51% at fault**, you would recover **nothing** under Nevada law.

The Compensation Benefits You Deserve ![ampersand](https://www.shookandstone.com/wp-content/themes/shook-and-stone-redesign/assets/app/svg/ampersand.svg)  We’ll help you win the benefits you need to get your life back. [(702) 570-0000](tel:+1(702) 570-0000)

### **How Does This Apply in Real Cases?**

In one recent case handled by our team, a pedestrian was tragically killed by a commercial driver who was later charged with DUI. While the police noted the pedestrian was not in a crosswalk, our team successfully demonstrated that the driver’s impairment and safety violations outweighed any fault of the pedestrian. Because of this, we were able to secure a **full $1 million settlement** on behalf of the victim’s daughter, despite the comparative fault issue.

This is just one example of how critical it is to have **experienced attorneys** who understand how to **build strong liability arguments** and **minimize your share of fault** when the facts are complex.

![Cta Image](https://www.shookandstone.com/wp-content/themes/shook-and-stone-redesign/assets/app/img/john.webp) ![Cta Image](https://www.shookandstone.com/wp-content/themes/shook-and-stone-redesign/assets/app/img/shook-cta.webp)  Hurt due to someone else's negligence? Call now for your free, confidential case review. [Start Your Case Evaluation](https://www.shookandstone.com/contact-us/)

### **Why Modified Comparative Fault Matters**

This law often comes into play in:

- **Car, motorcycle, and truck accidents**
- **Pedestrian and bicycle injuries**
- **Slip and fall/premises liability claims**
- **Wrongful death actions**

Insurance companies frequently try to shift blame to reduce or avoid paying claims. Under NRS 41.141, even a slight increase in your assigned fault can eliminate your right to recover, which is why **skilled legal representation is essential**.

[(702) 570-0000](tel:+1(702) 570-0000) Call Today for a
Free Consultation We’ll help you win the benefits you need to get your life back.

### **How Shook & Stone Can Help**

At **Shook & Stone**, our attorneys are deeply familiar with the nuances of Nevada’s comparative fault system. We know how to challenge inflated blame arguments and present the strongest possible case for our clients, whether in settlement negotiations or in court. Our commitment to protecting [injured workers](https://www.shookandstone.com/blog/nevada-supreme-court-strikes-blow-in-favor-of-injured-workers/) and accident victims is backed by proven results.

### **Contact Us Today**

If you or a loved one is facing an injury claim and concerned about shared fault, don’t navigate it alone. **We’re here to protect your rights, fight back against unfair blame, and recover what you deserve.**

[**Schedule your free consultation today**.](https://www.shookandstone.com/contact-us/)

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Source: https://www.shookandstone.com/blog/understanding-modified-comparative-fault-in-nevada-nrs-41-141/

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