Every accident is different, and the laws governing the state where your accident occurred impact your recovery. That is why it is vital to consult a seasoned Lyft and Uber accident lawyer in Las Vegas. At Morris Injury Law, we have a proven track record of obtaining significant recoveries for our clients.
Modified Comparative Negligence
Modified comparative negligence allows you to recover compensation even if you were partly to blame for the accident, as long as you were not more than 50% at fault. If you are found to be 51% at fault or more, you cannot recover compensation for your losses. If you are 50% or less at fault, your recovery will be reduced by your percentage of fault.
In practice, this means fault is apportioned between the parties. For example, imagine a pedestrian is struck by a driver and a jury finds that the pedestrian’s damages total $1,000,000. If the jury also finds that the pedestrian was 30% at fault for the accident, the award would be reduced by 30%. That means the pedestrian would recover $700,000 instead of the full $1,000,000.
This rule can matter in rideshare cases involving pedestrians, passengers, other drivers, or crowded Las Vegas traffic conditions where the insurance company may try to shift part of the blame onto you. That is another reason photos, witness statements, app screenshots, and the police report can be so important.
Compensatory And Punitive Damages
When you use a Las Vegas attorney to pursue a rideshare accident claim, the claim often seeks compensatory damages. There are two main types of compensatory damages, economic and noneconomic damages.
Economic damages may include medical expenses, future medical care, lost wages, reduced earning capacity, and property damage. Noneconomic damages may include pain and suffering, emotional distress, anxiety, and the ways the accident affected your daily life.
In rare cases, punitive damages may also become relevant. Punitive damages are meant to punish especially wrongful conduct and discourage similar behavior in the future. In Nevada, punitive damages may be available in cases involving oppression, fraud, or malice. Nevada generally limits punitive damage awards to three times the amount of compensatory damages if compensatory damages are $100,000 or more, or $300,000 if compensatory damages are less than $100,000. Different rules may apply in some situations, including certain cases involving impaired driving.
