In a Nevada negligence action, a plaintiff must be able to prove that the defendant owed a duty to commit an act or refrain from committing an act; the defendant breached their duty; the breach of the duty caused an injury to the plaintiff; the defendant’s actions were the proximate cause of the injury and the plaintiff suffered damages.
Modified Contributory Negligence
Per NRS 41.41, a plaintiff may only recover damages for a personal injury under a negligence theory if it is determined by a court that the plaintiff’s percentage of fault for their own injury did not exceed 50%. If a court finds that a plaintiff was 51% or more at fault for their injury, they will be completely barred from obtaining a monetary recovery. If a court attributes a plaintiff’s own level of fault at 50% or less, their recovery will be diminished in proportion to their level of attributed fault.
Joint & Several Liability
Generally, Nevada holds joint tortfeasors severally liable for damages. Several liability means that a party is only responsible for his own obligations. However, if the case being brought against the defendants was under a strict liability theory, the defendants may be held jointly and severally liable.
Where one defendant has paid more than their proportional share of liability that defendant has the right to seek contribution against any other joint defendant who has not paid their proportional share.
Compensatory damages are awarded to compensate the plaintiff for injuries suffered as a result of the negligence of the defendant(s). The award is meant to restore the plaintiff – as much as possible – to the condition they were in prior to the injury occurring.
Actual damages are meant to reimburse the plaintiff for out-of-pocket expenses for items such as medical expenses. General damages may also be awarded for pain and suffering, mental anguish, loss of opportunity, and loss of future income.
Punitive damages are meant to punish a defendant rather than to compensate the plaintiff. In Nevada, punitive damages are only awarded when the defendant’s behavior was so deplorable and deliberate that punishment is warranted.
Punitive damages in Nevada usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, an award may exceed that threshold in certain instances.
The law firm of Walker Morgan is located at 135 E Main St., Lexington, SC 29072. All lawyers at Walker Morgan are licensed to practice law in the State of South Carolina. Should you wish to retain our firm for legal representation regarding a potential case in any other jurisdiction we are required to associate local counsel in that foreign jurisdiction and seek permission from a court of the foreign jurisdiction to temporarily engage in the practice of law therein for purposes of pursuing your potential claim only.
By offering the following information the lawyers at Walker Morgan are not offering legal advice or legal guidance. The lawyers at Walker Morgan are not licensed to practice law in Nevada. Should you have a question/concern specific to Nevada law, please contact an attorney licensed to practice law in the State of Nevada.