Las Vegas: Laws and Time Limits for Personal Injury Claims

Understanding the Time Limits, Shared Fault, and Caps on Damages in Personal Injury Cases in Nevada

Like every state, Nevada has time limits regarding how long you can wait to file a personal injury claim. This means that after a certain amount of time has lapsed, you will be unable to file a claim in court nor will you be able to negotiate a settlement with an insurance company. According to personal injury law firm Las Vegas attorneys, it is important to be aware of these limits as they are strictly adhered to by the court and failing to meet the deadline could result in you being ineligible for compensation.

Time Limit to File

In Nevada, you must file your personal injury claim within two years of the accident that caused your injury. This deadline known as the statute of limitations and courts strictly enforce the limitations period. Keep in mind that this statute of limitations only applies to personal injury cases, such as car accidents and slip and falls. If you have another type of injury, such as a medical malpractice claim, the statute of limitations may be shorter. The statute of limitations is just one of the reasons you should seek the advice of Las Vegas injury lawyers soon after your injury to be sure you file your case in a timely manner.

Shared Fault

Nevada follows what is known as the “modified comparative fault rule.” This rule is designed to reduce the amount you can receive if you were at all at fault in the accident. For example, you were crossing the street while texting on your way to work and were struck by a car. Your total damages are $20,000 but the jury finds that you were 40 percent at fault in the accident. Under the modified comparative negligence rule, you will be able to collect $12,000 which represents 60 percent of your damages. However, if the jury finds you 60 percent responsible for the accident, you may not be entitled to any compensation. This is because Nevada law states that if you are more than 50 percent responsible, the other party is not required to cover your damages.

Caps on Damages

There are no caps on how much you can receive in damages in personal injury cases in Nevada. However, in medical malpractice cases, there is a limit on what you can collect in non-economic damages, what most people refer to as pain and suffering. If you are injured by a healthcare provider in the course of providing medical care, you may not be awarded more than $350,000 for pain and suffering. This limit does not include medical bills, treatments, lost wages or actual damages.

As a personal injury firm Las Vegas residents trust, The Schnitzer Law Firm can help guide you through the entire process of getting what you are entitled under the law after an injury. Because insurance companies and other attorneys will work to prove you were responsible for your own injury, you need Las Vegas injury lawyers who will fight for you. Fill out the form online, give us a call or email us today to learn how we can help.