Led by Preston Rezaee, Esq., The Firm is a premier personal injury law practice in Las Vegas, dedicated to delivering justice for accident victims. With a reputation for relentless advocacy and client-focused representation, The Firm ensures injured individuals receive the compensation they deserve.
Many accident victims hesitate to pursue a personal injury claim because they believe they were “partly at fault.” In Nevada, being partially responsible for an accident does not automatically prevent recovery. Instead, Nevada follows a modified comparative negligence rule, which allows injured individuals to recover damages as long as they are not primarily responsible.
Understanding how this rule works is critical, as insurance companies frequently exploit confusion around fault to reduce or deny claims.
What Is Modified Comparative Negligence?
Nevada follows the 50% rule, meaning:
- You can recover damages if you are 50% or less at fault
- You cannot recover if you are 51% or more at fault
If you are partially responsible, your compensation is reduced by your percentage of fault.
Example:
If you are awarded $100,000 but found 20% at fault, your recovery is reduced to $80,000.
Common Situations Where Fault Is Disputed
- Rear-end collisions
- Intersection accidents
- Slip-and-fall incidents
- Pedestrian accidents
- Multi-vehicle crashes
- Casino or hotel injury claims
Insurance companies often exaggerate a victim’s fault to minimize payouts.
How Insurance Companies Use Comparative Negligence Against You
Adjusters may argue:
- You were speeding
- You weren’t paying attention
- You wore improper footwear
- You ignored warning signs
- You failed to react properly
Even minor allegations can significantly reduce compensation if left unchallenged.
Evidence Used to Determine Fault
- Police reports
- Surveillance footage
- Witness statements
- Accident reconstruction
- Medical records
- Vehicle damage analysis
The Firm aggressively collects and preserves evidence to counter unfair fault assignments.
Why Legal Representation Matters
Without an attorney, victims may unknowingly:
- Admit fault during recorded statements
- Accept unfair settlement reductions
- Fail to challenge inaccurate reports
Preston Rezaee, Esq., ensures fault percentages are supported by evidence—not speculation.
Comparative Negligence in Slip-and-Fall Cases
Property owners often argue:
- The hazard was “open and obvious”
- The victim wasn’t watching where they walked
- Warning signs were present
- Nevada law still requires property owners to maintain safe premises.
How The Firm Protects Clients
The Firm:
- Challenges exaggerated fault claims
- Uses expert testimony
- Negotiates aggressively with insurers
- Takes cases to trial when necessary
Fault allocation can determine whether compensation is possible at all.
Conclusion
Nevada’s modified comparative negligence rule allows injured victims to recover damages—even when partially at fault. Insurance companies rely on confusion around this law to avoid paying fair compensation. With experienced legal representation, victims can protect their rights and secure the recovery they deserve.
The information provided in this article is for general informational purposes only and is
not intended to constitute legal advice. The content is based on the author’s
understanding of the subject matter at the time of writing and is not tailored to the
specific circumstances of any individual or entity.
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