A potential challenge you may encounter, however, is the “assumption of risk” defense. A Las Vegas personal injury attorney can help you understand and overcome this defense.

Understanding Assumption of Risk Defense

“Assumption of risk” in a personal injury claim is a defense that attempts to place some or all of the blame for an accident on the plaintiff or injured party.

It is an effort by the defendant, or accused party, to shift liability to the plaintiff by claiming that the victim voluntarily accepted the risks associated with a certain action or activity.

The assumption of risk doctrine can apply to cases involving activities that may be perceived as risky or that come with a higher than usual risk of harm, such as contact sports, extreme sports, amusement park rides, animal handling or the use of recreational vehicles.

These activities may come with implied or express assumptions of risk, with or without liability waivers.

How Assumption of Risk Affects Personal Injury Claims

The assumption of risk defense can impact or eliminate a plaintiff’s ability to recover financial compensation for an injury.

If the defendant successfully proves that the victim voluntarily and knowingly accepted a risk of harm, this could invalidate the personal injury cases.

Since Nevada is a modified comparative negligence state, the allocation of a percentage of faults to the victim can reduce his or her payout by a matching amount.

If the victim is found to be more than 50 percent at fault for knowingly participating in a risky activity, however, he or she cannot recover damages at all.

Types of Assumption of Risk in Personal Injury Law

A defendant in Nevada could use many different types of assumption of risk defenses to protect against liability. Examples include:

• Express assumption of risk: liability waivers and signed agreements
• Implied assumption of risk: voluntary participation in known dangerous activities
• Primary assumption of risk: activities that carry inherent or obvious dangers 
• Secondary assumption of risk: activities known by the participant to be dangerous due to the defendant’s negligence

While defendants in Nevada have a legal duty to protect individuals from negligence, they typically do not have a duty to protect from inherent or obvious dangers.

Therefore, implied and express assumption of risk can bar a personal injury claim. 

Overcoming Assumption of Risk Defenses in Nevada

Assumption of risk does not automatically prevent an individual from collecting financial compensation for a preventable injury in Nevada.

There are certain circumstances where a defendant cannot use the assumption of risk defense to avoid liability, such as:

• An invalid or unenforceable liability waiver 
• The defendant’s degree of negligence exceeded normal risks
• The defendant is guilty of gross negligence or reckless conduct
• The individual was not aware of specific dangers
• There were hidden dangers and inadequate safety warnings
• Defective parts or equipment caused the injuries
• The premises contained undue hazards or injury risks
• The defendant violated safety regulations or standards

The best way to protect your personal injury rights against the assumption of risk defense is by hiring an experienced personal injury attorney to represent you during your legal matter.

Edward Bernstein & Associates has had immense success fighting assumption of risk defenses and maximizing client payouts. Contact us for a free consultation, where we can evaluate your specific case in detail.

Although the majority of car accident cases in Nevada are settled outside of court, there are situations where you may need to file a car accident lawsuit. Understanding the steps involved in this process can give you a better idea of what to expect. If you want to guidance with your case and filing, our experienced Las Vegas car accident lawyer are here to help.

Step 1 – Ensure Medical Treatment and Documentation

The first step to any injury claim is getting medical care. Always seek medical treatment for your car accident injuries immediately after a crash. An insurance company needs to see that you received prompt care and that you’re following your treatment plan. It is also critical for your physical health to see a doctor right away.

Even if your injuries seem minor, go to a hospital. You may have hidden or delayed injuries that will worsen over time without treatment. Keep copies of your medical records for insurance purposes. Save documents such as your diagnosis, x-rays and medical scans, medical bills, treatment plans, and prescriptions.

Step 2 – Gather Evidence from the Crash

If you can, start collecting evidence to support your case while you are still at the scene of the car accident. Pull over immediately and check yourself and others for injuries. When it is safe to do so, exit the vehicle to speak to the other driver. Write down his or her name, contact information and insurance information.

Police Reports, Photos and Witness Statements

Call 911 to report the crash to the police in Nevada. This will give you a police report that can provide crucial evidence for your car accident lawsuit. Take photos and videos at the scene for evidence. If there are any witnesses or vehicle passengers, write down their names and phone numbers so that you can obtain statements later. They may have witnessed something that helps your case.

Damage Estimates and Insurance Correspondence

In the days after your car accident, you will have opportunities to collect other types of evidence. This includes a copy of your police report, medical records and vehicle damage repair estimates. You should also keep all emails or letters sent to you by insurance companies. Take detailed notes after phone conversations with claims adjusters.

Step 3 – Understand Nevada’s Statute of Limitations

To file a car accident lawsuit in Nevada, you must take action within the state’s statute of limitations. Nevada Revised Statutes § 11.190 places a period of limitation of two years for personal injury actions and three years for property damage. 

There may be exceptions in special cases, such as car accidents involving injured minors (the statute of limitations begins on the date the minor turns 18), but you should always act sooner rather than later. Missing your statute of limitations means giving up the ability to seek financial compensation.

Step 4 – File a Claim with Insurance First

Typically, car accident cases in Nevada do not go directly to court. They begin with attempts to resolve the legal dispute through a settlement, or a private agreement between a car insurance company and the claimant. This means you will start your case by filing a claim with the correct insurance provider.

Nevada Is an At-Fault State

Nevada uses an “at-fault” car insurance law to determine who is financially responsible, or liable, for collisions. Under this rule, the person at fault for causing the crash must pay, typically through his or her automobile insurance policy. After a car accident, you can file a claim seeking financial compensation for your damages or losses with the insurance carrier of the at-fault driver.

Step 5 – Hire a Nevada Car Accident Attorney

Before you proceed further with your insurance claim or settlement negotiations, communicate with a Personal Injury Lawyers Las Vegas for legal advice. A lawyer can give you information about your case, legal rights and options for seeking a financial recovery. You can trust the information you get from your lawyer, as he or she will work for you, not an insurance company.

Evaluate Case Value and Fault

A car accident attorney in LA can give you an accurate idea of the value of your case. You may qualify for compensation for your past and future medical expenses, lost wages, property repairs, pain and suffering, and more. Unlike an insurance company, a lawyer will want you to receive maximum financial compensation for the full extent of your losses. Your lawyer will investigate to look for all potential sources of insurance coverage. 

Handle Negotiations and Legal Filing

Hiring an attorney to represent you also comes with the benefit of being able to relax and focus on healing from your injuries while your lawyer takes care of complex legal tasks on your behalf. This includes negotiating a fair and full settlement from an insurance claims adjuster and if necessary filing the paperwork required to initiate a car accident lawsuit in your county.

Step 6 – Filing the Lawsuit in Civil Court

If an insurance company is refusing to cooperate or does not offer a reasonable settlement, your attorney may recommend filing a lawsuit. A law firm can draft and submit the formal complaint for you, which will outline the details of your case and the financial damages you are seeking from the defendant(s). Your lawyer will file the required paperwork with the civil courthouse in the correct county before Nevada’s deadline.

Step 7 – What Happens After Filing

After a lawsuit is filed, the defendant must be served with the paperwork within 120 days. The defendant will then have 20 calendar days to respond. If the defendant accepts liability for the car accident, settlement negotiations will begin. This may involve out-of-court meetings such as mediation or arbitration.

If a settlement cannot be reached, a court date will be set, and the discovery phase begins. Discovery is a period where both parties can exchange information and evidence before the start of a trial. 

Car Accident Trial

Once the trial starts, it will consist of both parties presenting evidence and witness testimony to support their arguments. Each will have the opportunity to cross-examine the witnesses. Then, a judge or jury will determine whether or not the defendant is liable for the car accident and the victim’s related losses.

Take Action Early and Get Legal Support

A car accident lawsuit in Nevada can be a lengthy and confusing process that lasts several months to over a year. The best way to successfully navigate it is to contact an attorney early on for legal support. An attorney can improve the outcome of your claim or lawsuit and give you peace of mind along the way. For a free initial car accident case review in Nevada, call Edward Bernstein & Associates at (702) 710-6697.

Injury claims, whether it is on the construction site accidents or delivery vehicle crashes and animal attacks, need to be researched and advocated well. Las Vegas injury lawyers deal with every case with details, considering not only the short-term losses but also the long-term outcomes.