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Personal Injury Claims in Nevada

If you have sustained a personal injury due to the actions or neglect of another person, whether it be a slip and fall, a car accident, or another type of incident that caused you harm, Nevada residents can receive compensation for such injuries if they know how to proceed properly. By filing a personal injury claim, you may be able to recover existing medical bills, costs for future injury-related medical bills, lost wages due to time missed from work, and damages caused by pain and suffering.

Statute of Limitations in Nevada

Personal injury claims are subject to a statute of limitations in Nevada. This means that you must file your claim within a specific period of time from the date of the injury in order to successfully recover damages. The statute of limitations for personal injury claims in Nevada is as follows:

  • Negligence: 2 Years
  • Toxic Tort: 2 Years
  • Wrongful Death: 2 Years
  • Non-Medical Malpractice: 4 Years
  • Product Liability: 2 Years
  • Fraud: 3 Years

Motor Vehicle Insurance in Nevada

The Nevada Department of Motor Vehicles has an Insurance Verification Program (IVP) which monitors and identifies uninsured vehicles. The Nevada DMV partners with the majority of insurance companies, with access to records that allows the DMV to confirm whether or not a valid insurance policy is in place.

If it is determined that a driver is not carrying proper coverage, they can be subjected to cancellation of the vehicle’s license plates as well as a $250 fine and proof of financial responsibility before new plates will be issued. The minimum insurance requirements for the State of Nevada include:

  • $15,000 bodily injury or death of one person in any one accident
  • $30,000 bodily injury or death of two or more persons in any one accident
  • $10,000 for injury to or destruction of property of others in any one accident

Who Is At Fault for an Accident in Nevada?

Nevada is a “comparative at fault” state when it comes to auto accidents and personal injury claims. This means that the individual who causes the accident is the one who is responsible for the financial losses caused by the incident, such as medical bills, vehicle repair, and other damages resulting from the accident.

However, because Nevada is a comparative at fault state it means that if you are partially at fault for the accident, how much you can seek in damages is reduced by the amount of fault you are deemed to be responsible for. For example, if you were found to be 30 percent at fault for an that totaled $10,000 in damages, you would only be able to recover $7,000 of the $10,000 in damages.

Those who have suffered injuries due to the actions of another can seek compensation for damages in one of three ways including:

  • Filing a claim with your own insurance company (such as auto insurance or health insurance)
  • Filing a claim with the at-fault party’s insurance company
  • Filing a personal injury lawsuit seeking compensation for damages caused by the at-fault party

Damage Caps in Nevada

Nevada has specific laws in place that limit the amount of damages a party can seek in regards to personal injury claims. These caps specifically pertain to non-economic damages, such as pain and suffering. The damage caps in Nevada are as follows:

  • $350,000 for non-economic medical malpractice claims and most other personal injury claims
  • $300,000 in punitive damages when deemed appropriate (must prove liable party of fraud, oppression, or malice)

Filing a Personal Injury Claim in Nevada

If you have suffered a personal injury due to the actions of another individual, such as an injury from an auto accident or slip and fall incident, you should consult with a Nevada personal injury attorney. Your attorney will help you to, establish fault, determine what damages you should seek, and recover any losses you may have suffered due to the injury.

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