Nevada Personal Injury Overview
While personal injury laws are generally similar across the country, each state has some different rules and laws. Personal injury covers a wide range of topics including premises liability cases, such as negligent security and slip and fall, and pharmaceutical injuries, such as hepatitis B vaccine injuries, and much more.
Some of the more unique laws in Nevada include the caps on non-economic and punitive damages. You should always consult an experienced personal injury attorney as soon as you believe you may have a case.
Damages and caps
Compensatory damages are compensation for your losses. There are two types – economic and non-economic. Economic damages include medical bills, property damage, lost wages and other monetary losses and expenses. Non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress and other losses that do not necessarily cost money.
In Nevada, the cap on non-economic damages is $350,000 in most cases. There can be exceptions if the judge determines that more is appropriate.
Punitive damages are not compensatory. They are meant to punish the defendant. In order to receive punitive damages you must prove fraud, malice, or oppression on the part of the defendant. In most types of cases punitive damages are limited to $300,000 in cases where the compensatory damages are less than $100,000 and no more than three times the compensatory damages I cases with a higher compensatory award. These caps do not apply to product liability cases. Punitive damages are determined in a separate hearing after trial.
Statute of limitations
There is a time limit for filing your case call the statute of limitations. In Nevada, the statute of limitations is two years for most types of personal injury. Certain types of cases, including product liability, accountant malpractice, and sometimes medical malpractice, have a time limit of four years.
The statute of limitations is an important aspect of your case which you absolutely cannot afford to get wrong. You should consult with an experienced Nevada personal injury attorney as soon as you suspect you might have a case, to ensure that you do not miss your deadline and lose your right to compensation.
When you are partially at fault
If you believe that you may be partially at fault in your case, do not give up. Nevada follows the doctrine of modified comparative negligence, so you can still receive compensation if you are less than 50% responsible. You will only be able to claim compensation for the remaining portion of fault, but that can still be a very significant amount.
When there is more than one party responsible for your injuries, you must look to your state’s liability laws to determine how you can collect and from whom. Nevada uses several liability which holds each defendant responsible for their own portion and only their portion. If one or more parties fail to pay, you cannot collect their share from the other defendants.
If you have been injured or lost a loved on in Nevada, please contact one of our Nevada personal injury lawyers for a free claim evaluation.