Identifying negligent conduct isn’t always cut and dry, and victims may need help confirming if someone else is liable for their injuries. Let us see whether or not you can bring an injury claim based on negligence, and help you prove the defendant’s negligence in Nevada.
Negligence may be any conduct that violates the “duty of care” someone owes you. A duty of care is present in many relationships, like between drivers on the road or property owners and guests. Tell us exactly how you were injured, and we can determine if the other party breached the duty of care. We can then go on to prove negligence in a personal injury lawsuit using compelling evidence like eyewitness testimony and video footage.
For a free and confidential case review from our Henderson, NV personal injury lawyers, call Mitchell Rogers Injury Law now at (702) 702-2622.
What’s Considered Negligence in a Nevada Personal Injury Case?
Negligence is when someone breaches the duty of care they owe to another party. Most personal injury claims are brought on the basis of negligence, though this is not the only reason to file an injury lawsuit in Nevada.
A duty of care is the responsibility one party owes another to act with their safety in mind. Any act that violates their duty of care may count as negligence.
For example, a homeowner owes guests a duty of care to ensure the home is reasonably safe and free from hazardous conditions. The homeowner would be negligent if they failed to address potential hazards, such as broken floorboards or loose handrails, or warn guests of them ahead of time.
Negligence is the top cause of most motor vehicle accidents, too. A driver’s duty of care is to follow traffic rules and drive responsibly. A driver is negligent and breaches their duty of care by speeding, making illegal lane changes, driving at night without headlights, or otherwise violating traffic rules.
Negligence is hard for many victims to identify, and they might not realize they have a claim until it is too late. Even if you are unsure if someone was negligent and is liable for your injuries, let us review your case.
What Counts as Comparative Negligence in a Nevada Personal Injury Case?
Comparative fault is sometimes an issue in Nevada personal injury lawsuits. Let us determine whether your actions during an accident could be construed as negligent and explain how that might impact your recovery.
The plaintiff’s negligence is also considered during a personal injury lawsuit, as well as the defendant’s. If the plaintiff is partially negligent, their damages are reduced proportionally to their degree of fault. Nevada’s comparative fault rules block plaintiffs who are more than 50% at fault from getting any compensation from the other party.
Don’t let comparative fault rules intimidate you or stop you from filing a personal injury lawsuit. Even if a jury attributes a low percentage of fault to you, you may still get a substantial amount from an award. Furthermore, we may be able to refute comparative fault arguments entirely with contradicting evidence, such as testimony from eyewitnesses.
Don’t assume your conduct counts as negligence; let us pursue all the compensation available to you.
What Evidence Proves Negligence in a Personal Injury Case?
To win your personal injury case, we must prove that the defendant was negligent and that their negligence directly injured you. We need strong evidence to do this, so contact us about your case as soon as possible to preserve proof.
Eyewitness Statements
Tell us if you spoke to eyewitnesses after an accident. Whether you are hurt in a car crash, slip and fall, dog bite incident, or other event, look around for eyewitnesses. Feel free to ask them for their phone numbers and names. You can also inform them that our Las Vegas, NV personal injury lawyers may be in touch soon to conduct an interview and obtain their statements.
Eyewitnesses can testify in lawsuits that go to trial. A witness may testify about the negligent conduct of the defendant that they saw firsthand. They may also describe any visible injuries they witnessed you suffer at the scene.
You are also an eyewitness, so your testimony is important, too. We take the time to prepare plaintiffs to testify so that they speak clearly on the stand and do not unintentionally accept fault for the accident when questioned by the defense.
Photos and Videos
Photos and videos are great evidence that help prove negligence. After an accident on someone else’s property due to hazardous conditions, take photographs of the area. The owner might quickly address whatever hazard injured you, so taking photos is the only way to preserve the scene.
You should also take photos after any car, truck, motorcycle, bus, or bike accident in Nevada. Document the damage to your vehicle or other personal property, and photograph the other driver’s vehicle, too.
Analyzing accident photos lets us determine each driver’s direction of travel and speed. This can prove that the other driver was negligent because they were speeding, and that is what caused the accident.
Give us all the pictures you have, even if some seem unusable.
Nearby security cameras sometimes film accidents, especially slip and falls in restaurants and retail stores. Let us retrieve footage immediately on your behalf so it isn’t deleted.
Medical Records
Medical records help us prove that the accident caused by the defendant’s negligence directly injured you. This is crucial to meet the standard of proof for personal injury lawsuits and establish the defendant’s liability. We can organize medical records on your behalf, so tell us where you sought treatment and if you are still getting treatment for a personal injury.
Call Our Personal Injury Lawyers for a Free Case Review in Nevada
For help with your case from our Boulder City, NV personal injury lawyers, call Mitchell Rogers Injury Law today at (702) 702-2622.