Several factors are needed to make a successful car accident claim, from gathering evidence, to successfully negotiating compensation. However, in order to get to the negotiation stage, your accident attorney must first establish the negligence of the opposing party in the accident.
It is important to note that even after negligence has been established, the guilty party may still fight the claim and try to put some or all of the blame on you. That’s why it is important to hire a reputable law firm or a skilled car accident attorney with years of experience under their belt.
There are some subtle differences in the laws that govern car accident claims. They vary with each state or district, therefore, it is advisable to hire an attorney that practices in the same state that the case is being tried. This article examines the ways by which a Las Vegas car accident lawyer might establish negligence. They do so by:
Establishing The Duty of The Guilty Party
The first step to establishing negligence is to prove that the guilty party (defendant) had a responsibility to the injured party (plaintiff), the same way that every driver has a responsibility to carefully follow road traffic rules and regulations to keep themselves and other road users (including other drivers) safe.
Establishing a Breach of Duty
The next step after establishing the duty of the defendant to other road users including the plaintiff is to establish a breach of duty by the guilty party. For instance, drivers are expected to drive carefully and rationally under the speed limit of the road they’re on, and failure to do so makes them liable for any accident they get involved in at that point in time. Therefore, if the guilty party is found wanting, your accident attorney can proceed to establish a breach of duty.
Establishing The Cause
Even after a breach of duty has been established, the opposing party may claim that something else caused the accident. Therefore, next on the list is to prove that the breach of duty is what caused the accident and the injuries, not something else.
This generally entails proving that your injuries were sustained in the accident, not before or after. Generally, it is advisable to keep the medical records of all injuries and treatments before and after the accident safe and secure, as it may come in handy when you’re establishing the cause of an injury in injury cases. In addition, expert witnesses may also assess your injuries to determine their duration and cause.
Lastly, your claim must include the damages you suffered due to the accident and their respective bills. They may include medical fees, car repair/replacement, lost wages, e.t.c. This will be vital when it’s time to negotiate a compensation fee.
Nevada specifically follows the rule of comparative negligence which means that negligence will be measured (in percentage) on both sides to appropriately determine the compensation deserved. This means that if you’re partly at fault for the crash, your compensation will be reduced. However, if you are more than 50% responsible for the accident, there will be no compensation.