Personal Injury -- Plaintiff Law
Nevada Personal Injury Law
A serious injury can really disrupt your life. Between the high costs of medical care, the time you miss at work, and the pain it causes you, the financial, physical, and mental tolls can quickly add up.
If you’ve been injured by someone else, whether purposefully or accidentally, they could be responsible for paying for the related costs. From the economic damages of doctors’ bills and lost wages to the non-economic costs of pain and suffering, the court could award you compensation for your injury through a personal injury lawsuit.
Every state has its own laws and rules around personal injury suits. For accidents in Las Vegas, Reno, or anywhere else in the Silver State, be sure you’re following the guidelines specific to Nevada when you’re addressing an injury that occurred there.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a way for you to use the courts to try and recuperate the financial costs associated with an injury someone else caused you. You can file a suit through the court and present evidence and testimonies to demonstrate that the other party is responsible for your injuries and should be required to pay you for them.
Many causes of injury could be grounds for a valid personal injury claim:
- Intentional injuries, like those sustained from battery
- Accidental injuries, like those sustained from an act of negligence
- Strict liability injuries, like those sustained from manufactured products
So even if the other party didn’t intend to hurt you or the circumstances were purely accidental, they could still be liable for covering your costs. One big exception to this is Nevada’s comparative fault rule. If the other person is found 100 percent responsible for your injuries, the court can require them to pay all the money you’re asking for. If, however, you contributed to the cause of your injury, that amount may be limited. For example, say you’re seeking $10,000 in damages in a negligent injury suit because you were hit by a texting driver while you were crossing the street in Henderson. If the court decides you contributed 20 percent to the circumstances of your accident, like you were jaywalking when you were hit, your maximum award would likely drop to $8,000. If you’re found more than 50 percent responsible, you will probably be prevented from collecting any amount at all.
What are the Limits to a Personal Injury Lawsuit in Nevada?
Be aware of some constraints when planning your personal injury lawsuit in Nevada, including the statute of limitations, and the damages cap. The statute of limitations is a deadline that you have to file your claim by, or else you’ll typically be barred from filing at all. In Nevada, the generally time limit is two years from the date of injury. For medical malpractice cases in particular, the limit is one to three years, depending on when the injury was discovered and other case-specific circumstances. Product liability cases usually have four years. Most types of personal injury suits in Nevada don’t have a limit on how much money you could potentially recover. A few cases, though, do have caps. Medical malpractice cases, for example, typically limit you to $350,000 for non-economic damages. Suits against government entities are often limited to $100,000.
If you aren’t a Nevada state resident but are injured in Nevada, you may need to try your case in Nevada. Depending on the applicable law, you will probably need to file in the state where the incident occurred. There may be some exceptions, however, that can give a different state jurisdiction to expand your options. If you’re injured by a company that has either its headquarters or incorporation in another state, you may have an option to sue there. You should also expect to sue in a federal court instead of a state court, though it will need to be a federal court located in a state with jurisdiction. When the plaintiff and defendant are residents of two different states, the case often goes to federal court. Similarly, if you’re a Nevada resident injured by an out-of-state visitor, you will likely be able to try your case in a federal court in Nevada.
Do I Need an Attorney for a Personal Injury Lawsuit in Nevada?
You probably don’t have to have an attorney to file for personal injury in Nevada, but it could be extremely beneficial to do so. An experienced personal injury attorney can help you:
- Analyze your case
- File paperwork
- Gather evidence
- Understand the specific courts and laws that apply to your case
- Participate in settlement negotiations or trial