As a Las Vegas lawyer for both felonies and misdemeanors, I’ve been practicing compensation law related to road traffic accidents for years. After a car crash, people can find themselves in stressful situations. Many of us will have injuries that will take time to heal. One of the most critical factors in recovery is the ability to acquire legal compensation for lost wages, medical expenses, lack of wages, and any other financial consequences of a car wreck situation.

Nevada is a ‘fault’ state, meaning the driver that causes the accident is legally responsible for paying for any damages. If you’ve had an accident and have suffered any losses due to the careless actions of another driver, you have the right to claim and seek recovery through the responsible party’s liability insurance policy.

But what happens if you were partly to blame for a car wreck? Can you still recover compensation?

Comparative Negligence in Nevada

Comparative negligence is a tort law rule that can be applied to a situation in which both parties are partially responsible for an accident and any related damages. In Nevada, the comparative negligence law will allow a plaintiff in a personal injury case to receive a percentage of the other plaintiff’s damages as long as one or more of the defendants are proven to be at least 50% responsible for an accident or injury.

Nevada has a 50 percent bar on their comparative negligence system, meaning that as long as a plaintiff’s degree of fault is no greater than 49 percent, they have the right to compensation for their injuries.


In cases where a plaintiff is found to be over 50 percent responsible for a crash, they would be barred from receiving compensation from the defendant. If a plaintiff is less than 50 percent responsible, their damages would be reduced in comparison to the plaintiff’s degree of fault. For example, when a plaintiff is found to be five percent guilty, their recoverable damages will be reduced by five percent.

Your Lawyer’s Role in Challenging Undue Negligence Claims

It’s crucial to hire an experienced car accident lawyer who is able to challenge false claims of comparative negligence by the opposing driver’s insurance company.

Your lawyer can help you by:

 

  • Requesting or gathering any physical evidence from the car wreck scene.
  • Gathering video footage, cell phone records, and data from electronic data recorders relating to the accident.
  • Interviewing any eyewitnesses.
  • Working with experts in the accident reconstruction field.
  • Consulting with medical experts regarding the extent of the damages and harm you suffered.
  • Asking for copies of the police accident report. 

Your attorney will gather and present any evidence to back up and prove the damages you have sustained. This includes economic and non-economic harm. The attorney that you choose to work with can negotiate on your behalf with the insurance company involved and improve your chances of being fully compensated.

 

For more information, or to hire a traffic or felony lawyer in Clark County, click here to contact The Law Offices of Benjamin Nadig today.

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Tina LeBoeuf
May 26, 2024
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He's a great lawyer. Very up front with you . He has awesome P.I. They are a great team . Highly recommend This lawyer.
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Slick Gilligan
January 21, 2024
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Benjamin Nadig is my son's attorney and he seems to be doing a great job for my son
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Jacqueline villeda
April 7, 2023
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Attorney Nadig and his staff are very knowledgeable and compassionate. They specialize in personal injury and also criminal law. Mr. Nadig is used to going to court and fight for people's rights on a everyday basis. He has no problem filing law suits and going after insurance companies. They guide you through the process of your auto accident step by step, they basically hold you by the hand so you can understand the process. I highly recommend Benjamin Nadig Law Firm.
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Sage Lopez
April 7, 2023
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I would 100% trust Ben! He represented me a few years ago and made everything go away! Ben is very good at his job. He is also very busy but he will take care of you! Would highly recommend!
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Cecilia Enriquez
April 7, 2023
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Ben represented me for an accident that I was involved in about a year ago. He did an excellent job and got me the top settlement of $100k! I highly recommend hiring The Law Office if Benjamin Nadig
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Yasmine Amouri
April 6, 2023
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I am a client with attorney Benjamin and I have got to say he is one of the best attorneys I have ever dealt with . He answers all my questions and deals with my concerns as if I was family to him very impressive I always recommend him to my friends and family My injury case took no longer than 6 months and was settled by then thank you !!
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William Rodriguez
April 6, 2023
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I went to Mr. Nadig's office after a couple of friends recommended him, I know of friends that have had awful experiences with other attorney's after having an accident, I'm just very happy to say, they were everything I expected and much more, they answered all my questions and took care of everything with my vehicle, tow truck, etc. The people in his office were so nice! Got my settlement check and all I can say is thank you Mr. Nadig!
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228 S. 4th St., Third Floor, Las Vegas, NV 89101
Mon - Fri: 8.30 am - 5.00 pm
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Contact Information
228 S. 4th St., Third Floor, Las Vegas, NV 89101
Mon - Fri: 8.30 am - 5.00 pm
Get Directions

Ben Nadig {2025}. All Rights Reserved.

Ben Nadig {2024}. All Rights Reserved.