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Understanding Personal Injury Claim Basics in Nevada

By David Boehrer | Posted on September 12, 2016

Nevada state laws are different from those of other states. How we govern insurance settlements and personal injury lawsuits, for example, may differ from how California or Florida claimants can file a case or negotiate a claim with an insurance company.

In this post we are going to cover the basics about filing a personal injury claim here in Nevada so that you have a better understanding how state laws may affect your case.

Statute of Limitations: How Long You Have to File Your Claim

In the state of Nevada, you typically have two years after the date of an accident to file a claim in the Nevada civil court system, though this may not always be the case. If you file your claim after the statute of limitations has passed, then any court here in Nevada will likely throw your case out and move along to the next one.

Damage Limitations: How You May Be Limited

Our state has specific rules that limit or place a “cap” on damages which injured parties can receive in a personal injury case. For example, in a medical malpractice case, Nevada will cap any non-economic damages such as “pain and suffering” at $350,000.

What it is important for injured parties to understand, however, is that this “cap” does not affect economic damages. Some of these damages include:

  • Medical bills
  • Lost wages
  • Funeral and burial expenses

This limitation also does not affect any other kind of personal injury case.

Shared Fault: Understanding The Comparative Fault Rule

When hurt by another person, it is easy for a victim to assume that all of the fault belongs to the negligent party. There are some situations, however, when a jury may find that a victim shared some – if not all – of the responsibility for their injury.

This rule is known as the modified comparative fault rule. This can reduce or eliminate the award an injured person would otherwise receive.

Seeking Legal Guidance

Not every personal injury claim requires expert handling, but if you are facing a complex or lengthy case, it is imperative that you speak to an experienced personal injury attorney.

The David Boehrer Law Firm offers free initial legal assistance to anyone who has been hurt. We will evaluate your case and immediately go to work building the best courtroom strategy for your claim.

To arrange for your free consultation today, we invite you to call (702) 750-0750.

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To our valued clients and friends:

We hope that everyone is taking the recommended precautions to protect themselves against this Coronavirus (COVID-19) pandemic. The David Boehrer Law Firm always has and always will put the safety and well-being of our clients, and staff, before all else. We have taken the necessary steps to comply with all recommendations from the CDC, the SNHD and Governor Sisolak, while also allowing us to continue to serve our clients.

We will be limiting in-person contact in our offices. We will be available via telephone and e-mail, and we have set up video conferencing for face-to-face interaction with our clients, which also permits us to conduct electronic notary signatures. When in-person meetings are requested or required, we will take all necessary precautions, including social distancing and disinfecting our conference rooms after every meeting. While some employees will work remotely, each and every staff member will be available to clients during office hours.

We appreciate the seriousness of this pandemic and will consistently reassess our Firm’s procedures to keep our clients and staff safe. For now, we will continue to operate Monday through Friday from 8:00 a.m. to 5:00 p.m. Thank you and please stay safe!

David D Boehrer, Esq.