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If you’ve been injured in Nevada—whether from a car crash, a hazardous property condition, or another unfortunate accident—you might be considering filing an insurance claim or a personal injury lawsuit. However, many Nevadans are unfamiliar with the state’s personal injury laws and legal procedures. Below, we’ll walk you through key aspects of Nevada’s personal injury rules, including filing deadlines, liability considerations, and potential compensation limits.
Nevada law sets strict time limits for filing a personal injury lawsuit, known as statutes of limitations. Generally, you have two years from the date of your injury to file a claim in court. However, specific cases, such as medical malpractice, have different deadlines. In some situations, the filing period may be extended.
Under Nevada law (Nev. Rev. Stat. § 11.190(4) (2024)), the standard time frame to file a lawsuit for personal injury is two years from the date of the injury. This deadline applies to cases involving:
Additionally, this two-year limit also applies to lawsuits for injuries caused by assault, battery, defamation, and false imprisonment (Nev. Rev. Stat. § 11.190(4)(c) (2024)).
For injuries occurring between October 1, 2002, and September 30, 2023, a medical malpractice claim must be filed within:
For injuries occurring on or after October 1, 2023, the deadline to file is:
(Nev. Rev. Stat. § 41A.097(2)-(3), as amended by Assembly Bill No. 404 (2024)).
For cases involving children, parents or guardians must file on their behalf within the legal timeframe. Special rules apply if the malpractice results in brain damage, birth defects, or sterility (Nev. Rev. Stat. § 41A.097(5)).
Under certain circumstances, Nevada law allows for an extension of the statute of limitations. Here are a few exceptions:
In some cases, the statute of limitations does not begin until the injury is discovered or reasonably should have been discovered. This applies mainly to medical malpractice cases but may also be argued in other personal injury cases. However, Nevada’s general personal injury statute does not explicitly include the discovery rule, making legal guidance essential in these cases.
If the person responsible for your injuries leaves Nevada—before or after the incident—the time they are absent does not count toward the filing deadline (Nev. Rev. Stat. § 11.300 (2024)).
If the injured party is legally unable to file a claim, the statute of limitations may be paused. This applies to:
Once the legal disability is lifted (e.g., a minor turns 18), the clock resumes.
If you’ve been injured due to the actions of a Nevada state or local government employee, you may have options for seeking compensation. Nevada law allows injured parties to:
While not a mandatory step, filing a claim with the government before initiating a lawsuit can be beneficial. This process is often quicker and less costly than litigation. Additionally, if the claim is denied or the settlement is unsatisfactory, you still have the option to sue—provided you leave yourself enough time before the legal deadline.
If your injury claim is against the state, you have two years from the date of the incident to file a compensation request with the Nevada State Board of Examiners (Nev. Rev. Stat. § 41.036(1) (2024)). To ensure your claim is considered, use the state’s official claim form and provide all required information; otherwise, your request may be rejected. The Nevada Attorney General’s office will review the claim and determine whether to approve or deny compensation.
If your claim involves a local government entity—such as a city, county, or school district—you must also submit your request within two years from the date of injury (Nev. Rev. Stat. § 41.036(2) (2024)). Many local governments provide specific offices for handling claims. For instance, the City of North Las Vegas Risk Management Department has an online portal where claimants can submit forms and find filing instructions. After reviewing the claim, the local government will either approve or deny compensation.
If you choose to sue the government in court, you must file your lawsuit within two years of the injury. If you initially filed a claim with the government and it was denied, be sure to leave yourself enough time to properly prepare and submit your lawsuit before the deadline expires.
When suing a Nevada state or local government (or their employees), damages are capped at $200,000 per claim. Additionally, claimants cannot seek punitive damages, which are meant to punish wrongdoing rather than compensate for losses (Nev. Rev. Stat. § 41.035(1) (2024)).
In most personal injury cases, the injured party (plaintiff) must prove the other party (defendant) was negligent. However, defendants often argue that the plaintiff also contributed to their own injuries. This legal defense is known as comparative negligence.
Under Nevada’s modified comparative negligence law, an injured party can recover damages only if they are 50% or less at fault for the accident. However, their compensation will be reduced based on their level of responsibility. If they are found 51% or more at fault, they cannot recover any damages (Nev. Rev. Stat. § 41.141(1) (2024)).
Imagine you’re shopping in a hardware store and slip on a small puddle of liquid, injuring your knee and back. You file a lawsuit, claiming the store was negligent in failing to clean up the spill. During trial, the jury determines:
Since you were 10% responsible, your compensation is reduced by 10%, meaning you can recover $90,000. However, if the jury had found you 51% or more responsible, you would not be entitled to any compensation under Nevada law.
A new Nevada ballot initiative aims to significantly limit how much attorneys can collect in personal injury cases. If passed, beginning in 2027, the proposal would cap contingency fees at 20% of the client’s settlement or court award. Currently, most personal injury lawyers charge around 33% of the recovered amount, meaning this law would drastically cut legal fees. This could make attorneys more selective about the cases they take, potentially making it harder for injured individuals to find representation—especially against large corporations.
According to The New York Times, major companies, including Uber, are backing this proposal, as it could discourage attorneys from pursuing claims against them, particularly in sensitive cases like rideshare-related sexual assault lawsuits.
The initiative’s future remains uncertain, with a state appeals court set to rule later this year (2024) on whether a legal challenge to the proposal was valid.
If you’ve been injured and are considering legal action, it’s important to understand how and where to file your lawsuit. Personal injury (PI) cases are civil lawsuits, meaning they are handled in civil courts rather than criminal courts. The process is governed by Nevada state law and the Nevada Rules of Civil Procedure, which can be complex. An experienced personal injury attorney can ensure that all legal procedures are correctly followed.
In Nevada, most civil cases, including personal injury claims, are filed in district courts. If you are suing a Nevada resident, the lawsuit must be filed in the county where the defendant resides (Nev. Rev. Stat. § 13.040 (2024)). If the defendant does not live in Nevada, you may file the lawsuit in any county within the state.
If your claim involves a smaller amount of damages, you may have the option to file in a limited jurisdiction court:
If your claim is worth more than these limits, it must be filed in district court.
To initiate a lawsuit, your attorney will file a complaint with the appropriate court. This legal document outlines the details of your claim and must comply with Nevada’s Rules of Civil Procedure (Nev. R. Civ. Proc. 3 (2024)).
Once the complaint is filed, the court clerk issues a summons, which is a legal order requiring the defendant to respond to the lawsuit (Nev. R. Civ. Proc. 4(a)-(b) (2024)). You must then arrange for the defendant to be served with a copy of the lawsuit (Nev. R. Civ. Proc. 4(c) (2024)). Additionally, there is a filing fee that must be paid, unless the court grants a fee waiver based on financial hardship. Your personal injury attorney will typically handle these procedural steps.
Some states impose restrictions, or “caps,” on the amount of compensation an injured person can receive. Nevada has certain limitations on compensatory and punitive damages, depending on the type of case.
Economic Damages – These cover out-of-pocket expenses, such as:
Noneconomic Damages – These address intangible losses, including:
While some states place caps on all compensatory damages, Nevada only limits noneconomic damages in certain cases.
Compensation Limits in Government Lawsuits
When filing a claim against a state or local government entity, Nevada law caps total damages at $200,000, and punitive damages are not allowed (Nev. Rev. Stat. § 41.035(1) (2024)).
Medical Malpractice Cases – Noneconomic Damage Caps
Nevada places a cap on noneconomic damages (such as pain and suffering) only in medical malpractice cases. These limits increase annually:
Year Noneconomic Damage Cap
2024 – $430,000
2025 – $510,000
2026 – $590,000
2027 – $670,000
2028 – $750,000
After 2028, this cap will be adjusted annually for inflation at a rate of 2.1% (Nev. Rev. Stat. § 41A.035, as amended by Assembly Bill No. 404 (2024)).
Punitive Damages Caps
Punitive damages, which are meant to punish the defendant rather than compensate the victim, are also limited in Nevada:
These caps do not apply in certain cases, such as those involving fraud, defamation, or defective products (Nev. Rev. Stat. § 42.005 (2024)).
Understanding Nevada’s legal procedures and damage limitations can be challenging. If you’ve been injured and are considering filing a lawsuit, having an experienced personal injury lawyer on your side can make all the difference.
At Avian Law Group, we are dedicated to helping injured clients navigate the legal system and maximize their compensation.
Contact us today for a free consultation—You only pay if we win your case!