Henderson Personal Injury Attorney

Understanding Liability and Negligence in a Henderson Personal Injury Case

Under personal injury law, liability refers to who is legally and financially responsible for an accident. Most Nevada personal injury cases are based on the concept of “negligence.”

To be successful, our legal team must prove four specific elements of negligence:

1. Duty of Care: The other person had a legal obligation to act carefully (for example, a driver has a duty to stop at red lights).
2. Breach of Duty: The person failed to meet that obligation by acting carelessly (like a drunk driving incident).
3. Causation: Their careless actions were the direct cause of the injury that occurred.
4. Damages: You suffered actual losses, such as medical bills or lost wages.

In a personal injury lawsuit, the burden of proof is on us. We must prove these things by a “preponderance of the evidence,” which means it is “more likely than not” that the defendant was responsible.

What Do I Have To Prove To Win My Henderson Injury Lawsuit?

When you file a negligence claim in Henderson, you will have the legal burden of proving the following four specific elements to win your case:

• Duty: You must show that the other person or company involved owed you a duty of care. For example, every driver on Nevada roads has a duty to look out for the safety of others.
• Breach of Duty: You have to prove that the person breached that duty of care by failing to act reasonably. This might mean they were speeding, texting while driving, or failing to fix a dangerous hazard on their property.
• Causation: You must demonstrate that the person’s actions or their failure to act were the direct and proximate cause of your injury. It is not enough that they were careless; that carelessness must be the reason you got hurt.
• Damages: You must show that you have actually suffered real losses. This is proven through evidence like medical bills, records of lost wages, or documentation of your emotional distress.

To be successful in a Nevada courtroom, you must be able to prove your case by a preponderance of the evidence. This is a legal standard that means a jury has to be convinced that your version of the facts is more likely true than not.

How the Modified Comparative Negligence Rule Can Impact My Financial Recovery in Nevada Personal Injury Claims?

In Nevada, liability extends to everyone who causes an accident, and this can sometimes include the victims themselves. Nevada follows a modified comparative negligence rule. This law determines how much money you can walk away with if you played a part in the accident. The law works as follows:

• You cannot recover any compensation from a third party if you are found to be more than 50 percent to blame for your own accident.
• Your financial recovery will be reduced if you share some of the blame, as long as your share of the fault is not the majority of the cause.

If you are found to be partly to blame for your accident, you will be entitled to a smaller portion of your financial award. Your damages are reduced proportionately to your fault. For instance, if a jury decides your case is worth $100,000 but finds that you were 30 percent at fault for the crash, there will be a 30 percent reduction in your recovery. In this scenario, you would receive $70,000.

However, you should not let an initial finding of fault stop you from contacting our dedicated Henderson personal injury lawyers. This is true even if a police officer or an insurance adjuster told you that you were more than 50 percent at fault. Insurance companies benefit financially from blaming you for the accident because it allows them to pay out less money. They will almost certainly try to shift the blame to you if they think they can get away with it, even when the facts suggest otherwise.

Our Henderson Personal Injury Practice Areas

At Friedman Injury Law, we handle a wide range of cases where someone was hurt due to negligence. Our award-winning attorneys use their combined experience to tackle even the most complex legal battles.

Car Accidents in Henderson

Henderson is home to some of the busiest roads in the state. From the traffic on I-515 to the intersections along St. Rose Parkway, a car accident can happen anywhere. Whether it was a rear-end collision, a T-bone crash, or an accident involving drunk driving injuries, we know how to handle the insurance adjusters and get you a fair settlement.

Truck Accidents

Accidents involving commercial trucks are often devastating. Because of the size and weight of these vehicles, victims often suffer serious injury. These cases are complex because they involve federal trucking regulations and multiple involved parties, such as the driver, the trucking company, and the manufacturer. We have the experience to take on these large corporations.

Motorcycle Accidents

Motorcyclists have very little protection on the road. When a driver is distracted or fails to check their blind spot, the rider pays the price. We fight to ensure that motorcycle accident victims are not unfairly stereotyped and that they receive the maximum compensation for their recovery.

Pedestrian Accidents

Henderson is a growing community with many parks and walking trails, but pedestrian accidents remain a major concern. If you were hit by a car while walking, the injuries can be life-altering. We help you seek compensation for your long-term care and physical therapy.

Slip and Fall (Premises Liability)

A property owner has a legal duty to keep their premises safe for visitors. If you slipped on a wet floor, tripped on a broken sidewalk, or were hurt because of poor lighting, the owner may be liable. We act quickly to gather evidence before the hazard is cleaned up or repaired.

What If I Was Partly at Fault?

If you were partly to blame for the accident, you may still be able to get money under Nevada’s comparative negligence rule. As long as you’re less than 51% at fault, you can recover compensation. Recovering compensation can be more challenging when fault is disputed, as insurance companies may argue over the percentage of blame to reduce your recovery.

However, your award will be reduced based on your share of the blame. So if you were 20% at fault and your total damages were $100,000, you could still receive $80,000.

Insurance companies love to use this rule to reduce how much they pay. We push back with solid evidence to keep you from being unfairly blamed and are fully prepared to handle the legal battle with insurance companies to protect your rights.

How Much Does It Cost to Hire a Henderson Injury Lawyer?

You don’t have to worry about legal fees when you work with us. Friedman Injury Law works on a contingency fee basis, which means:

• No upfront payment
• No hourly rates
• We only get paid if we win

If we win your case, our fee comes out of the settlement or award. You won’t owe us anything if we don’t recover money for you. It’s that simple.

Recent Car Accident Settlement

The Case: Client was a passenger in a ride-share vehicle at Town Square that was t-boned at an intersection in the parking lot. Client sustained neck, back, and shoulder injuries. Blake S. Friedman, Esq. successfully litigated the case and achieved a $140,000.00 settlement for his client, which was over 3x the amount offered prior to litigation.