Law students spend several weeks in their torts classes studying this question, and it is a major point of emphasis on bar exams. But any Las Vegas personal injury attorney better have studied hard, because this simple question dictates the outcome of every single Nevada personal injury case. For purposes of our personal injury blog, we’ll cover the basics so you can be informed and educated as to the big picture issues in your Nevada personal injury case.
To prove a case for negligence, an injured person must prove the following elements:
- The existence of a legally recognized duty on the part of the defendant (person responsible for the incident/accident) to conform to standard of conduct. (For example, a duty to give full attention to the road and other drivers while driving a car).
- A breach of that duty. (For example, texting while driving and running through a stop sign due to lack of attention).
- Causation. Meaning, the breach of duty caused the incident. (For example, as a result of texting and running a stop sign the driver T-bones another car, causing property damage and personal injuries.)
- Damage. (For example, the driver may have T-boned the other car but if by some miracle neither car nor person were hurt, then there are no damages).
So there you have it. Negligence 101. If you think you have the right to bring a Nevada personal injury case, you have to evaluate if you can prove all of those elements. Easy right?
Not necessarily. What if you were also slightly negligent…saying driving 8mph over the posted speed limit? What if your car was barely damaged yet you claim substantial injuries…can you medically prove those injuries were caused by that car accident? What if the negligent person was a child? Let’s say you slipped and fell at the grocery store…do you know what you slipped in?…or who put it there?…or how long it was there?…can you prove the store had proper notice of the substance?
These questions can complicate a case quickly. And a complicated case can be made even more difficult depending on the applicable rules of procedure. If you are interviewing Las Vegas personal injury attorneys for your personal injury matter, you need to make sure the attorney you choose case address these questions and has a full understanding of the applicability of negligence law in Nevada personal injury cases.
It is for these reasons that you need a smart and aggressive Las Vegas personal injury firm to start working on your case immediately after your incident. We are experienced in gathering the evidence you need to prove your Nevada personal injury case and effectively advocating to maximize your personal injury settlement.
Be sure to explore our website resources page and FAQ page so you can arm yourself with the information you need for an efficient consultation with a Nevada personal injury attorney and understand what it is going to take to get you the maximum personal injury settlement. Click here to return to our main blog page.