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How comparative negligence may impact your insurance defense

On Behalf of | Jun 28, 2023 | Insurance Law |

It’s only a matter of time before your insurance company becomes embroiled in complex tort litigation. When that happens, you need to have a sound legal strategy. While that might include identifying areas for settlement negotiation, it also means readying yourself for litigation.

One key aspect of the case at hand that you might want to pay particularly close attention to is comparative negligence.

Why comparative negligence matters

If you can demonstrate that the claimant is partially to blame for the incident in question, then you can significantly minimize your company’s liability. In fact, under Nevada law, if you can show that the claimant was more than 50% at fault, then they will be denied compensatory recovery altogether.

Therefore, as you prepare for negotiations and litigation, you should look for ways to demonstrate the existence of comparative negligence.

How can you show comparative negligence?

It’s going to depend in large part on the facts of the case at hand. In a car accident case, for example, you might be able to show that the claimant was violating traffic laws at the time of the accident.

In a premises liability lawsuit, you may be able to present evidence that the plaintiff ignored warning signs that clearly indicated the existence of a hazardous condition. What’s key is that you carefully analyze the facts of your case so that you can leverage every piece of evidence that’s in your favor.

Are you ready to build your defense?

There’s a lot at stake when you’re facing large insurance claims and tort litigation. That’s why you can’t skimp when it comes to developing your insurance defense. If you’re ready to learn more about what you can do to protect yourself in these cases, then now is the time to educate yourself as much as possible and take whatever additional steps you deem necessary.

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