Of all the kinds of incidents that lead to personal injury, car accidents are among the most common. This is true throughout the United States, and it is true on the roadways of Nevada. While one hopes to avoid getting into a collision, this is not always within one’s control – accidents can and will happen. When they do, it’s important that you understand the laws that govern car accidents in the state of Nevada, especially as they concern seeking damages for bodily injuries suffered in such an accident.
Nevada Is a Shared Fault State
This is, perhaps, the most important thing to understand about the laws governing car accidents on Nevada’s roadways. Unlike many other states, Nevada permits for shared fault. This means that a court and jury can determine the extent to which all parties involved in an accident are responsible for it. Based upon this determination, the amount of damages that an injury victim can receive through the courts is affected. So, if you filed a personal injury suit and were judged to be 40% responsible for the automobile accident that transpired, then you would only be able to recoup 60% of the damages that you’re seeking. However, you need to know that if you’re judged to be equally at fault or the most at fault, you are no longer entitled to any damages, either from the person you’re suing or other parties that may have been at fault.
You Must Act Quickly Following an Accident
There is a strict statute of limitations governing all personal injury cases in Nevada and this applies to injuries suffered in an automobile accident. Any victim has a two-year window in which to seek damages from the offending party or parties. After this two-year period has expired, the courts will refuse to hear the personal injury suit in almost all cases. For this reason, those who have been in an automobile accident should act quickly to ensure that their rights are protected. Be sure to retain all accident and police reports, evidence from the scene, and anything else germane. After this, seek out a personal injury attorney as soon as possible, so that you can pursue damages in court before the statute of limitations has lapsed.
These Rules Factor Into Insurance, Too
When you file an insurance claim following an accident, you should keep Nevada’s personal injury laws in mind, as they will be taken into account by insurance adjusters. These adjusters are well aware of the fact, for example, that Nevada is a shared fault state. They will factor this in when determining the amount to pay out on your claim.
For these reasons, if your car accident is especially complex, it may be advisable to retain the services of a qualified Nevada personal injury attorney. They can assist you in dealing with the insurance companies and also assist you with pursuing your claim in court.