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Nevada Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
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FAQ
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
The Nevada personal injury statute of limitations states that you have two years from the date that an injury occurs to file a personal injury lawsuit. If the victim dies and you seek to file a wrongful death lawsuit, the two-year countdown begins at the date of death, not the date of injury.
Nevada's comparative negligence rule can be found at Revised Statutes 41.141. It states that a plaintiff's comparative negligence does not bar financial recovery provided it was ?not greater? than the defendant's negligence. As you can see, Nevada has adopted the 51% bar.
The Nevada elements of negligence are: Duty ? The defendant owed a duty of reasonable care to the victim. Breach of Duty ? The defendant failed to live up to the standard of a reasonable person. ... Causation ? An accident occurred. ... Damages ? The victim s has personal injury, property damage or both.
NRS 41A. 015 ?Professional negligence? defined. ?Professional negligence? means the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care. NRS 41A.
NRS 41.141 establishes modified comparative fault in Nevada negligence cases. The law allows accident victims to recover damages even if they cause the accident in part. However, the victim's damages are reduced by the extent to which they're at fault for the accident.
Rules relating to deceptive trade practices are dealt under Nevada Revised Statutes, Title 52, Chapter 598 et seq (Deceptive Trade Practices). Section 598.0915 of this Chapter prohibits any person from advertising goods or services with the intent not to sell or lease them as advertised.