Your Guide to Personal Injury in Nevada

Like other states, Nevada has specific statutes that govern personal injury lawsuits and insurance settlements.  This article discusses a few of the laws that may impact your case.  If you have been injured in Nevada, please contact us at 702-333-1111 or so we can evaluate your case.

Statute of Limitations

Generally in Nevada you have two years after the date of the accident to file your claim in state court. This is called the statute of limitations. If you file after this date, the court will likely dismiss your case.  The two-year time frame is helpful to determine the full extent of your injuries and if your injuries are significant enough to seek legal action.

Shared Fault

Nevada has a rule called modified comparative fault.  This means that if you are also at fault for your accident, your award will be reduced by the amount you were at fault.  Let’s take an example.  Suppose you were hit by a car while crossing the street. However, you were crossing against the light and a jury found that you were 40% at fault.  If your total damages were $10,000, you could only collect $6,000 or 60% from the driver.  It is important to note that if a jury finds that you were more than 50% at fault, then your damages automatically drop to $0 and you cannot collect from the other party.  Although the modified comparative fault rule only applies to courts, insurance companies often bring it up in settlement negotiations to reduce the amount the award.

Damage Caps

Nevada only caps damages in medical malpractice cases.  Specifically, plaintiffs in medical malpractice cases can only receive a maximum of $350,000 in non-economic damages. This applies to damages due to “pain and suffering” but it does not apply to actual out-of-pocket expenses such as medical costs.  In addition, the cap does not apply to other personal injury cases such as negligence.  The damage cap arose because doctors claimed that their malpractice insurance premiums were too high to allow them to practice in the state.

Owner Liability for Injury by Dog or Other Animal

Owners will be held liable for injuries caused by their dog (or other animal) if the injured party can show that the owner “should have known” the animal was dangerous. This is known as the “one-bite” rule.

Injury Claims Against the Government

If you have been injured by a Nevada government employee or agency, you must file your claim with the Nevada Attorney General.  However, the same two-year statute of limitations applies.

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