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Personal Injury Negligence

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.

There are:

  • 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:

Ordinary Negligence

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

Gross Negligence

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

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.

We will protect your rights and pursue the best outcome available for your unique case, beginning with a free consultation by calling (702) 505-8115 today.

Our Promise to You

Why You Can Count on Our Firm
  • Experience You Can Trust
    Our attorneys, paralegals and support staff leverage decades of experience across a diverse range of backgrounds on behalf of our clients.
  • Legacy of Client Satisfaction
    Word-of-mouth referrals and repeat clients account for more than 85% of our business, which is a testament to the level of service we provide.
  • Client-Centered Approach

    We strive to treat our clients with integrity, compassion, and respect and provide them with clear communication every step of the way.

  • Proven Record of Results
    We have recovered millions of dollars in successful verdicts and settlements for injured clients throughout the state of Nevada.

Client testimonials

Real Stories From Real Clients
    “Seamless and caring service.”
    I was involved in two car accidents within a year, both work comp related. I'd never used an attorney for personal injury before, but now I'll always choose Bertoldo Carter Smith & Cullen. They made everything seamless and easy, and were always available for questions or reassurance. This law firm clearly cares about what they do and their clients.
    - Aimee W.
    “They truly care about their clients.”
    A close family friend referred us to Bertoldo Carter Smith & Cullen and spoke highly of the firm. They made us feel very at ease about the situation. They truly care about their clients and making them feel at ease through the entire process. Overall, the experience has been exceptional.
    - Pete S.
    “Handled my case excellently.”
    I'm very thankful for meeting the team at Bertoldo Carter Smith & Cullen regarding my motor vehicle accident. They helped me in a very difficult time, provided excellent medical treatment assistance, and represented my best interests. Best law firm in Las Vegas!
    - Kristina Y.
    “Best with phenomenal work ethics.”
    Bertoldo Carter Smith & Cullen is the absolute best. The entire crew is efficient, and their work ethics are phenomenal. For any legal needs, they are the people to go to. Thank you for all that you do for me and my family.
    - Minas M.
    “Great settlement and so happy with results!”
    Thank you so much for your help resolving my case. Bertoldo Carter Smith & Cullen helped me settle my case after another attorney messed up my medical treatment. They spent hours explaining legal matters and guiding me. The loyalty of this law firm was beyond my expectations. Great settlement and so happy with the results! Thank you for all your hard work!
    - Mahir S.
    “Utmost in professionalism”
    I've used Bertoldo Carter Smith & Cullen on a few occasions and always experienced professionalism. Their office staff is polite and informative throughout the process. Highly recommend the team. Thank you for always answering questions and being easy to work with.
    - Steven P.
    “They always made me feel like a member of their family and not just a client.”
    “The kindness and compassion they showed during my case was amazing! They always made me feel like a member of their family and not just a client.”
    - Ryan W.
    “So seamless and easy for me.”
    “I was involved in two car accidents within a year. They made everything so seamless and easy for me and were always available for questions or reassurance. This law firm clearly not only cares about what they do, but the clients they do it for. Thank you, ”
    - Aimee W.

A Proven Record of Results

Millions of Dollars Recovered for Our Clients
  • $100 Million Product Defect and Fatality from Helicopter Crash
  • $30 Million Fatality/Burn Disfigurement from Helicopter Crash
  • $19.5 Million Brain Damage from Motor Vehicle Accident
  • $18.5 Million Wrongful Death from Aircraft Accident
  • $16 Million Motor Vehicle Accident, Mild Traumatic Brain Injury
  • $12 Million Negligence Security leading to Sexual Assault
  • $10.8 Million Brain Injury, Premises Liability
  • $10 Million Brain Injury, Premises Liability