Las Vegas, NV – Considering that the Las Vegas area has large amounts of traffic and travel due to tourism, population density, and other factors, it is possible that residents can be involved in a motor vehicle accident.
When a lawyer files a civil lawsuit against another person or business for causing injuries, this is almost always a standard negligence case that is meant to show that the defendant was not careful enough and various harms resulted from their actions. All negligence cases are divided into four basic parts that include a duty of care, breach of that duty, causation, and damages.
Nevada’s negligence law
The four elements of negligence that are used under Nevada law follow the basic structure of all negligence actions. These are a duty for the defendant to exercise reasonable care while driving, a breach of that duty by showing facts that the defendant did not exercise appropriate care, actual causation that shows the breach of the duty of care was responsible for the victim’s injuries, and tangible damages or losses demonstrated by the victim.
The plaintiff’s lawyer needs to show all four of these elements by clear and convincing evidence, otherwise they cannot win the lawsuit. Even one missing element will affect the outcome.
Damages are an element that becomes particularly important as a civil lawsuit progresses. This element allows the victim to use evidence to show the costs of things like medical treatment, property damage, lost wages, and even non-economic harm that resulted in lost quality of life. The lawyer for the victim and add up all of these losses and demand that the party responsible pay for them.
What are a victim’s chances of winning their case under Nevada law?
Civil accident cases will need to be decided on a case by case basis. The attorneys for both the plaintiff and the defense will exchange information through the discovery process, and they may ask for depositions of witnesses or file various motions based on the information they find. When this process is nearing its end, they may even choose to settle the case for an amount agreeable to both parties rather than go to trial. In other words, there are a lot of contingencies and it is best to get individualized advice from a lawyer before making any assumptions about the outcome of a lawsuit.
Victims can schedule a meeting with a lawyer to learn more
Anyone who was involved in a motor vehicle accident and sustained injuries can explore their legal options and learn more about civil lawsuits from a local attorney. Southwest Injury Law is an experienced firm that will help clients throughout this process.
Firm contact info:
8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148