Will Your Personal Injury Case Be Tossed? Know Nevada’s Laws

If you have been injured due to the negligence of another in Las Vegas, you may be unsure of your next steps. Hiring an attorney to represent you in your legal case will pay off tenfold, as he or she can direct you and help you decipher the laws.

Many states have laws in place to help protect you, as the injured, and the person you are accusing. Nevada is one state that has specific guidelines and laws in place to help govern and lead personal injury cases. The laws are set forth to help provide you with the information you need to determine whether your case will hold up in court or not. Consider the following laws, timelines, and more below to determine if you can file your personal injury case.

Statute of Limitations in Nevada

There is a statute of limitations in Nevada for filing a personal injury case. The term “statute of limitations” means that you have a set timeframe that you can submit a claim for your personal injury case. You cannot submit your case after the timeline, but you can submit it any time before the deadline.

The Nevada statute of limitations on a personal injury case is two years. You can file your case a day after it happens or one day prior to the time limit being reached, but you must not pass the deadline or your case is sure to be denied, if it even makes it to the courtroom.

Types of Damages Awarded

Not all types of damages are awarded in a personal injury case and you must pay attention to what you can recover as compensation. For instance, in Nevada, you can recover funds for the following:

• Pain and suffering
• Lost wages
• Funeral costs (including burial)
• Medical bills (both past and present)
• Punitive damages

The type of compensation awarded depends on the injury caused and the court’s ruling in the matter.

Fault of the Injured in the Accident

Nevada has a law that guides how much fault a person plays in the accident. Since Nevada is a comparative fault state, you must be vigilant and do your due diligence to ensure you were not at fault in the case.

Here is how the shared responsibility works:
If you (the injured) are found to be 51% or more at fault in the case, Nevada courts will NOT award you any money. You never want to pursue a claim unless you are sure you were not at fault or that the fault you played was less than the 51%.

If you, the injured, are found to be 30% at fault and your winnings are $100,000, you will only recover $70,000 of the award money since the remainder is your share in the fault.

Nevada’s Damage Cap Rule

In addition to the shared fault, personal injury cases are governed by a financial cap. When a personal injury case is heard, non-economic damages can only be recovered up to the maximum amount of $350,000. That amount does not include medical bills or any type of wages that were lost, but it does include pain and suffering, and similar.

Since Nevada has many rules governing personal injury cases, it is best to seek out a professional and knowledgeable lawyer who can help guide you through your personal injury claim.

Bighorn Staff

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