Injuries received in AUTOMOBILE accidents often have catastrophic consequences. Serious injuries can be disabling, affecting not only the injured person but family members as well. Even relatively minor injuries that necessitate lost time from work and medical care can have a great impact on a family. In Nevada, an injured person, and, in certain cases, his or her family, may be entitled to compensation for injuries incurred in automobile, truck, motorcycle and pedestrian accidents.  Compensation (or "damages") includes:

-Medical expenses already incurred
-Medical expenses to be incurred in the future
-Physical pain
-Mental suffering
-Loss of, or destruction to, property
-Loss of enjoyment of life
-Permanent physical disability
-Lost wages

An accident victim is entitled to compensation if the accident was the fault of another. If the person who caused the accident has insufficient insurance, or is not insured at all, a victim is entitled to compensation from his own insurance company if he has uninsured/underinsured coverage. In some situations there are other policies of insurance (policies of other family members, employers, etc.) that may provide benefits.

Partial Fault

Even if the injured person was partially at fault, the law may permit a partial recovery. The comparative fault doctrine in Nevada permits compensation to an injured person who is less than 51% at fault in a motor vehicle accident.

Here is Nevada's somewhat confusing comparative fault statute:

                                             NRS 41.141  
1.  In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross  negligence of the parties to the action against whom recovery is sought.

2.  In those cases, the judge shall instruct the jury that:

            (a) The plaintiff may not recover if his comparative negligence or that of his decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants.
            (b) If the jury determines the plaintiff is entitled to recover, it shall return:                                                                                                        

            (1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to his comparative negligence; and                                                                                                        

            (2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action.

3.  If a defendant in such an action settles with the plaintiff before the entry of judgment, the comparative negligence of that defendant and the amount of the settlement must not thereafter be admitted into evidence nor considered by the jury. The judge shall deduct the amount of the settlement from the net sum otherwise recoverable by the plaintiff pursuant to the general and special verdicts.

4.  Where recovery is allowed against more than one defendant in such an action, except as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to him.

5.  This section does not affect the joint and several liability, if any, of the defendants in an action  based upon:

     (a) Strict liability;
     (b) An intentional tort;
     (c) The emission, disposal or spillage of a toxic or hazardous substance;
     (d) The concerted acts of the defendants; or
     (e) An injury to any person or property resulting from a product which is  manufactured, distributed, sold or used in this state.

6.  As used in this section:

      (a) "Concerted acts of the defendants" does not include negligent acts committed by providers of health care while working together to provide treatment to a patient.
      (b) "Provider of health care" has the meaning ascribed to it in NRS 629.031.

What To Do After An Accident

To protect yourself and your family, you should take certain steps after an accident:

-Describe exactly how the injury occurred, and how you were injured, to the medical personnel attending you after the accident. Describe exactly where you feel pain, and do your best to describe its severity. Do not leave out details. Always be complete in your explanations of your injuries.
-Give statements to no one except the police.
-Sign nothing (unless requested by the police) without first showing it to a lawyer.
-Keep a diary describing how the injury affects you, and your family

Understand that what you say in traffic court, or to an insurance adjuster, may be used against you at a later time.