Like other states in the U.S., Nevada has specific laws that govern personal injury settlements and lawsuits. Therefore, if you plan to claim personal injury in Nevada, you should speak to a personal injury attorney from the state to know what the law says. The personal injury laws in Nevada help to govern the claims and also impose limitations on them. This way, only the right claim can be settled or awarded. Here are some Nevada personal injury laws that you should be aware of.
Damage Caps
Nevada has rules that limit the damages that one can claim in a personal injury case, especially when it comes to non-economic damages in medical malpractice cases such as pain and suffering. The law has a specific amount that one can claim for these damages in such cases. Nevada laws do not limit economic damages such as lost wages, medical bills, and more.
Statute of Limitations
This is the time limit that one has before they can file a lawsuit. If you file a claim after the set time has elapsed, you will not get any compensation. Generally, you only have two years after the date of the accident to file your claim. However, there are several exceptions to this law.
According to Nevada’s revised statute of limitations laws, there are different time limits for different cases. Medical malpractice and product liability cases have a limit of three years from the date of injury, while wrongful death and any other personal injury case have a limit of two years from the date of the injury. Exceptions to the law include the following:
- The discovery rule: This is applied when victims did not realize that they had suffered an injury immediately after the accident.
- Mental Incompetence: If the victim was mentally incompetent at the time of the accident
- Minor victim: In the case of a minor, the statute of limitations will begin to run after the child turns 18.
Comparative Fault
When the accident is a result of both parties, the law enforces comparative fault. The rule eliminates or reduces the damages that a victim can claim or the amount of money they can get as a settlement or award.
If the victim is less than 50% at fault, they can get compensation, but the money they receive will be less their degree of fault. For example, if they were to receive $100,000 worth of damages and they were 30% responsible for the accident, they will only get $70.000. If the victim was more than 50% at fault, they cannot claim compensation or file a lawsuit.
Principles of Negligence
Personal injury cases can only be valid if there is proof of negligence. Several elements are used to establish negligence in Nevada:
Duty of Care
Medical professionals, drivers, and property owners have a legal responsibility to the victim of anybody around them. The duty is based on several laws, including local and federal laws.
Breach of Duty of Care
The defendant can only be held liable if there is proof that they breached their duty of care. For example, if a driver caused an accident when driving while intoxicated, they can be guilty of breaching their duty of care.
Causation
There has to be a relationship between the victim’s injuries and the breach of duty of care. If the defendant is guilty of the accident, but the accident did not cause the victim any harm, the victim cannot claim damages.
Damages
If the defendant’s negligence caused the injuries, the victim could claim for damages such as pain and suffering, medical expenses, property damage, lost wages, and more.
Talk to a Nevada Personal Injury Attorney
Several other laws govern personal injury cases including medical malpractice, property liability, workplace injuries, wrongful death, and more. If you have a personal injury claim in Nevada, talk to an experienced attorney to know all about the state laws and your legal options.