Personal Injury Negligence Lawyers Las Vegas, Nevada
Negligence is a driving factor is many lawsuits, including personal injury cases. By definition, negligence is the failure to exercise a degree of care that the law requires for the protection of the other person — or their interests — which may result in injury.
While negligent circumstances may seem clear cut, like DUI collisions or distracted driving crashes, the legal standards that apply to these cases exist in varying capacities, which is where our Las Vegas, Nevada personal injury attorneys can provide clarity in your case.
How Many Types of Negligence Apply to Personal Injury Cases?
Four types of negligence apply to personal injury cases in Las Vegas and throughout the State of Nevada.
- Ordinary negligence
- Gross negligence
- Negligence per se
- Comparative negligence
What Is the Difference Between the Types of Negligence?
Personal injury cases are evaluated by our experienced attorneys and outlined to ensure we are applying the proper negligence laws in each unique case we represent, which allows our law firm to pursue the best financial recovery settlement or jury verdict for our clients.
The difference between the types of negligence that may apply to personal injury cases include:
The most common type of negligence is often referred to as “ordinary negligence.” This is the standard that most other negligence cases refer back to when building a case.
To bring a claim of ordinary negligence against another person or party, we must be able to show:
- The injuring party failed to exercise the degree of care that another careful and prudent person would exercise under the same or similar circumstances
- Our client suffered an injury or property damage
- The injuring party’s negligence was a proximate or legal cause of our client’s injury
- Our client’s injuries resulted in damages that can be financially compensated through a legal process
Simply put, gross negligence is the type of negligence where the injuring party acted especially badly. That is to say, the negligence was blatant and glaring in actions that reach a more serious degree of acting without care.
Negligence Per Se
Negligence per se applies in cases where the injuring party caused our client’s injury by violating an existing statute.
This type of negligence would apply to speeding drivers or drunk drivers, as they are breaking a law that is already in place during the circumstances that led to our client’s injuries.
Comparative negligence is a legal action the injuring party will try to use to reduce the number of damages they owe to our client.
This type of negligence can apply in traffic collisions where both drivers were at fault for the crash. The courts will decide to what degree each party was responsible for the injuries that occurred.
In the State of Nevada, the comparative negligence statute reads that if our client is more than 50% at fault for the action that caused their injuries, they cannot recover financially.
How Can Bertoldo Carter Smith & Cullen Help Prove Negligence in My Las Vegas Personal Injury Case?
At Bertoldo Carter Smith & Cullen, our Clark County personal injury lawyers maintain a successful track record in developing cases that produce results. Our attorneys seek the best financial recovery settlements and jury verdicts by establishing the legal standard of negligence that allows our clients to achieve success.