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Nevada Personal Injury Laws

Nevada Personal Injury Laws

In This Section:

Nevada's personal injury laws vary from other state's laws. Below are the most common personal injury laws in the state of Nevada. Understanding your compensation rights and getting the help of a Nevada attorney is your first step towards filing a successful Nevada personal injury claim.

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Nevada Statute of Limitations
(How long do I have to file injury claims in Nevada?)

The Nevada statute of limitations for filing personal injury claims is 2 years. Nevada's medical malpractice statute of limitations is 3 years from the date of action which caused the injury or within one year from the date the injury should have been discovered (or the earlier of the two). Product liability claims in Nevada must be filed within 4 years. These statutes for Nevada claims are subject to change. Contact a Nevada injury attorney for definitive statutes at the time of your accident or injury.

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Had a Car Accident in Nevada?

Nevada = Fault State
Nevada is a fault-based state. Fault based systems allow the insurance companies to pay damages according to each driver's degree of guilt. To recover compensation you may receive compensation from your insurance company (who will receive payment from the guilty driver's insurance company), the other driver's insurance company or file a lawsuit to seek compensation for damages of lost wages, medical expenses and property damage.

Nevada is a Modified Comparative Fault
-- 51 Percent Bar State

Nevada is a modified comparative fault 51% bar state which means you may collect compensation in an injury claim as long as you are 50% or less at fault. If you are more than 50% at fault you cannot bring a claim in Nevada. Nevada injury attorneys can answer additional questions about modified comparative fault laws.

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Understanding Nevada Injury Damage Caps

(How much compensation can you get?)
Emergency Room Liability is limited in medical liability cases against emergency room physicians to $50,000 (AB 1 (2002)). Noneconomic damages in medical liability cases is limited to $350,000, except upon a showing of "gross malpractice" or a judicial determination that there is "clear and convincing evidence" that the noneconomic award should exceed the cap.

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