Every state mandates the laws that govern auto accident cases.
If you suffered an injury or sustained property damage in a Nevada car crash, you should understand the following laws and how they apply to your case.
Statute of limitations
The statute of limitations refers to the time limit on filing a lawsuit against the at-fault party in your case. In Nevada, you have two years from the date of the accident to file a lawsuit seeking damages for bodily injury and three years to file for property damage.
Additionally, insurance companies can set time limits for filing an insurance claim to recover losses after an accident. In general, filing as soon as possible is always the best practice.
Nevada is an at-fault auto accident state, meaning the person responsible for the accident is also liable for damages. In the event of an accident, you can file a claim with the at-fault party’s insurance company or file a lawsuit against the at-fault driver.
Modified comparative negligence
If you are partially responsible for the accident and your resulting injuries, Nevada tort law applies the modified comparative negligence rule to your claim to determine eligibility for compensation. In practice, if you are less liable than the defendant, you can still recover an award for damages equal to the defendant’s percentage of fault. If you are more liable than the defendant, you are ineligible to recover damages.
Every auto accident case has unique situational circumstances. The severity of your injuries and property damage will impact the damages available to you.