Nevada’s personal injury laws are designed to help victims recover financial compensation when they suffer harm due to someone else’s negligence. Victims of car accidents, slips and falls, and other accidents caused by negligence may have grounds for a personal injury claim against the negligent party. These claims can compensate for medical bills, lost wages, emotional distress, and other economic and non-economic damages.
If you have recently been injured due to negligence in Nevada, you must know your legal rights and available resources. Many injury victims are unsure where to turn for medical treatment, legal guidance, or financial assistance after an accident. Victims who lack this knowledge may make mistakes that harm their case, such as accepting a lowball settlement offer or failing to seek the medical care they need.
At the Cottle Firm, our experienced Las Vegas personal injury lawyers help our clients seek the compensation they deserve for injuries caused by negligence. If you were injured in an accident that you believe was caused by someone else, you can learn more about your legal options in a free consultation: call the Cottle Firm today at 702-722-6111.
Personal Injury Law in Nevada
In Nevada, a personal injury claim may be filed when an individual suffers harm due to another party’s negligence, recklessness, or intentional misconduct. Common examples include car accidents caused by negligent drivers, slip-and-fall accidents caused by hazardous property conditions, and injuries from defective products. To have a valid claim, the injured party must prove that the negligent party owed them a duty of care, breached that duty, and caused measurable harm as a result.
Nevada has state laws that govern personal injury cases. The most relevant statutes are found in Nevada Revised Statutes (NRS) Chapters 41 and 42, which outline negligence, liability, and damages. For example, NRS 42.005 allows for punitive damages in cases where the defendant acted with fraud, malice, or oppression. The state’s modified comparative negligence system is found in NRS 41.141, which states that an injured party can still recover damages as long as they are less than 51% at fault for the accident.
Types of Personal Injury Cases in Nevada
Personal injury law covers a broad range of incidents where individuals are harmed due to the negligence or wrongdoing of another party. Each type of case has unique legal considerations, including how liability is determined and the types of damages victims can recover.
Motor Vehicle Accidents
Motor vehicle accidents are among the most common types of personal injury claims in Nevada. Las Vegas is a high-traffic city, and accidents are common due to factors like speeding, distracted driving, and driving under the influence.
Nevada follows a fault-based system, which means the at-fault driver is responsible for covering damages. Victims may seek compensation for medical bills, lost wages, pain and suffering, and other damages through the at-fault driver’s insurance company. However, further legal action may be necessary if the insurer is unwilling to make a fair settlement offer.
Premises Liability
Nevada property owners have a legal duty to keep their premises safe for visitors. When they fail to do so and someone is injured as a result, the victim may have grounds for a premises liability claim.
Slip and fall accidents are among the most common examples of premises liability claims. For example, if a guest is injured due to hazards like wet floors, uneven surfaces, or poor lighting, the property owner could be held liable for damages.
In Las Vegas, negligent security cases are also common, especially in hotels and casinos. Properties that fail to implement sufficient security measures put their guests at risk of assault and robberies.
To prove a premises liability case, the victim must show that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to fix it before the guest got hurt.
Medical Malpractice
Medical malpractice occurs when a patient is harmed due to a healthcare professional’s negligence. Common examples include misdiagnoses, surgical errors, medication errors, and birth injuries. Medical malpractice claims are highly complex and often require expert testimony to establish that the provider deviated from the accepted standard of care.
Nevada law caps non-economic damages (such as pain and suffering) in malpractice cases at $350,000 (NRS 41A.035), but there is no cap on economic damages like medical expenses and lost income.
Workplace Accidents
Workplace injuries are common in Nevada, especially in labor-intensive industries like construction. Employees who suffer job-related injuries cannot sue their employer directly but may seek benefits through Nevada’s workers’ compensation system. Workers’ comp covers medical treatment, lost wages, and disability benefits.
However, third-party claims for work injuries may be possible if a non-employer entity (such as an equipment manufacturer) contributed to the injury. For example, if you suffered a work injury caused by a piece of defective equipment, you could have grounds for a product liability claim against the manufacturer of that product.
Product Liability
Companies have a legal duty to ensure the safety of their products and warn consumers about any potential risks. If a defective or dangerous product is released to the market and causes injuries, those affected may have grounds for a product liability.
These cases involve three main types of defects:
- Design defects: Flaws in the product’s design
- Manufacturing defects: These are Errors made during the production process
- Failure to warn: Lack of proper safety instructions or warnings
Nevada follows a strict liability standard for defective products, meaning victims do not need to prove negligence – only that the product was defective and caused harm. Common examples include faulty medical devices, unsafe pharmaceuticals, and defective auto parts. Lawsuits may be filed against manufacturers, distributors, or retailers depending on where the defect originated.
Wrongful Death
When someone dies due to another party’s negligence or intentional act, the victim’s family may have grounds for a wrongful death claim. In Nevada, wrongful death lawsuits may be filed by the deceased’s estate or close family members, such as a spouse, child, or parent.
These cases often stem from car accidents, medical malpractice, workplace accidents, or criminal acts. Compensation may include funeral expenses, lost income the deceased would have earned, and loss of companionship for surviving family members.
Damages in Personal Injury Cases
When someone is injured due to another party’s negligence, they may be entitled to damages. In Nevada, victims may recover different types of damages depending on the severity of their injuries, the financial losses they have suffered, and the emotional toll of the accident. These damages are generally classified into three categories: economic damages, non-economic damages, and, in some cases, punitive damages.
Economic vs. Non-Economic Damages
In most personal injury cases, damages are divided into two main categories:
- Economic damages compensate for tangible financial losses directly related to the injury. These include medical expenses, lost wages, rehabilitation costs, and property damages. For example, a car accident victim may recover the cost of hospital bills, ongoing medical treatment, and lost income from missing work.
- Non-economic damages cover intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Non-economic damages are more subjective than economic damages and depend on factors like the severity of the injury and its long-term impact on the victim’s life.
How Are Pain and Suffering Damages Calculated in Nevada?
Pain and suffering damages compensate victims for the physical pain and emotional distress they endure due to their injuries. There is no fixed formula for calculating these damages, but courts and insurance companies typically use one of the following two methods:
- The Multiplier Method – The total economic damages are multiplied by a number between 1.5 and 5, depending on the severity of the injury.
- The Per Diem Method – A daily compensation rate is assigned to the victim’s pain and suffering, which is then multiplied by the number of days the victim is expected to experience pain.
Insurance companies often try to downplay pain and suffering damages. This is why victims should provide as much documentation as possible, including medical records, expert testimony, and personal statements detailing their suffering.
Punitive Damages in Nevada
Punitive damages may be awarded when the defendant’s actions were especially reckless, intentional, or malicious. These damages are primarily for punishing the wrongdoer and deterring similar behavior in the future.
Nevada law places a cap on punitive damages in most cases:
- Three times the amount of compensatory damages if the total damages exceed $100,000.
- $300,000 if the total compensatory damages are less than $100,000.
Because punitive damages require proof of extreme misconduct, they are less commonly awarded but can significantly increase a victim’s total recovery.
Local Resources for Personal Injury Victims
Nevada residents have access to a variety of local resources that can aid in their recoveries and legal proceedings. Let’s take a look at the medical treatment centers, rehabilitation facilities, auto repair shops, law enforcement agencies, and government offices available in Las Vegas, Paradise, and Henderson.
Medical Treatment Centers
Seeking medical care should be the top priority after any personal injury. These hospitals and medical centers provide emergency treatment, specialized care, and long-term rehabilitation for personal injury victims.
Las Vegas – University Medical Center of Southern Nevada (UMC)
Established in 1931, UMC is a non-profit government hospital affiliated with the University of Nevada, Reno School of Medicine and the UNLV School of Medicine. It is the only designated Level I trauma center in Nevada and provides both adult and pediatric care across portions of Nevada, California, Arizona, and Utah.
UMC offers services like orthopedic and spine care, emergency departments, physical therapy, and a top-ranked kidney transplant program. It is also home to the state’s only burn care facility, the Lions Burn Care Center.
Paradise – Sunrise Hospital and Medical Center
Located just next to Paradise in Winchester, Sunrise Hospital is a comprehensive medical facility offering emergency services, surgical care, and specialized treatment options.
Henderson – Henderson Hospital
This full-service hospital provides emergency care, surgical services, and various specialty treatments for Henderson-area residents.
Rehabilitation Centers
After receiving initial treatment, ongoing rehabilitation and therapy are often needed for a full recovery. These facilities offer physical therapy, chiropractic care, and other specialized treatments that help injury victims regain strength and mobility.
Las Vegas
- Injury Rehab and Wellness Center: This center specializes in chiropractic care, neuropathy treatment, and physical therapy. Their clientele includes many who suffer from auto injuries, back and neck pain, headaches, work and sports injuries, and more. They have two locations:
- Las Vegas: 600 S Rancho Dr #113B, Las Vegas, NV 89106. Phone: (702) 509-5098.
- North Las Vegas: 2832 E Lake Mead Blvd STE F, North Las Vegas, NV 89030. Phone: (702) 509-5098.
Henderson
- ATI Physical Therapy: ATI offers a range of rehabilitation services and provides personalized treatment plans to help patients recover from their injuries.
Auto Repair Shops for Car Accident Victims
These auto repair shops specialize in collision repairs and general maintenance, which helps car accident victims get back on the road quickly and safely:
- Pro Collision Auto Body Shop Las Vegas: This auto body shop specializes in collision repairs and offers comprehensive services to restore vehicles to their pre-accident condition.
- Caliber Collision Henderson: A nationwide chain with a location in Henderson, this shop provides auto body repair services, including paintless dent repair and auto glass repair.
Local Law Enforcement Agencies
Law enforcement agencies investigate accidents, document incidents, and assist victims. These local police departments can be useful after car accidents, assaults, robberies, and other traumatic events:
- Las Vegas Metropolitan Police Department (LVMPD): Serving both Las Vegas and the unincorporated town of Paradise, the LVMPD is located at 400 S Martin Luther King Blvd, Las Vegas, NV 89106. For non-emergencies, they can be reached at (702) 828-3111. In emergencies, dial 9-1-1.
- Henderson Police Department: Located at 223 Lead St., Henderson, NV 89015. For non-emergencies, contact (702) 267-5000.
Government Agencies
Several government programs provide financial assistance, legal aid, and victim support services to those affected by personal injuries. These agencies help victims with compensation claims, counseling, and the legal process.
Nevada Victims of Crime Program
This program provides immediate financial assistance to qualified victims of violent crimes that occur in Nevada. Assistance may cover medical bills, counseling, wage loss, and other costs incurred due to the crime. Victims can apply for assistance through the program’s website.
Clark County Victim Compensation
Administered by the Clark County District Attorney’s Office, this program offers compensation to victims of qualifying crimes involving physical injury or death. Eligible expenses may include medical costs, counseling, and lost wages. Contact the State of Nevada Victim of Crime Program at (702) 486-2740 or via email at VOCP@dcfs.nv.gov for assistance.
Henderson Victim Advocate Unit
Provides support to crime victims, including connecting them with various resources. Contact the Victim Advocate Unit at (702) 267-1299 for assistance.
Local Courts
Personal injury victims pursuing legal action should understand where to file a lawsuit or handle legal proceedings.
- Eighth Judicial District Court of Nevada:
- Location: 200 Lewis Ave, Las Vegas, NV 89101
- Jurisdiction: Handles civil cases exceeding $10,000, including serious personal injury lawsuits.
- Website: www.clarkcountycourts.us
- Las Vegas Justice Court:
- Location: 200 Lewis Ave, Las Vegas, NV 89101
- Jurisdiction: Handles civil cases where the amount in controversy is less than $10,000, including smaller personal injury claims.
- Website: www.lasvegasjusticecourt.us
- Henderson Justice Court:
- Location: 243 Water St, Henderson, NV 89015
- Jurisdiction: Oversees civil claims up to $10,000, including small personal injury disputes.
- Website: www.hendersonjusticecourt.us
Hiring a Personal Injury Lawyer in Nevada
Filing a personal injury claim can be overwhelming, time-consuming, and legally complicated. Many accident victims struggle to negotiate with insurance companies and determine the true value of their claims. This is why those who wish to pursue legal action for injuries should strongly consider hiring an experienced Nevada personal injury lawyer.
How a Lawyer Can Help
Personal injury claims often involve complicated legal and insurance issues, which makes it difficult for accident victims to handle their cases alone. A lawyer can provide useful legal guidance and representation in the following ways:
- Seeking Maximum Compensation: Attorneys understand how to calculate the full value of damages, including medical expenses, lost wages, pain and suffering, and future costs.
- Dealing with Insurance Companies: Insurers often offer low settlements or try to deny claims altogether. An experienced lawyer knows how to negotiate effectively and push back against unfair tactics.
- Understanding Nevada Laws: Nevada’s comparative negligence law allows victims to recover damages only if they are less than 51% at fault. A lawyer ensures that fault is properly assigned to protect the victim’s right to compensation. In addition, they can ensure that all other legal requirements are met, such as filing within the statute of limitations.
- Handling Legal Procedures: Filing a personal injury claim requires meeting strict deadlines, submitting paperwork correctly, and gathering sufficient evidence. An attorney manages these legal complexities so the victim can focus on recovery.
What to Look for in a Personal Injury Lawyer
Choosing the right attorney can make a huge difference in the outcome of a personal injury case. Here are some key factors to consider when hiring a lawyer:
- Experience in Personal Injury Law: Look for attorneys who have worked on cases involving similar injuries or accidents to your own.
- Track Record of Success: A history of winning settlements and verdicts shows that the lawyer is capable of handling complex claims.
- Client Reviews and Testimonials: Check online reviews, testimonials, and referrals to see what past clients say about the attorney’s service and professionalism.
- Communication and Availability: A good lawyer should keep clients informed, answer questions promptly, and provide clear legal advice throughout the case.
- Contingency Fee Structure: Most personal injury lawyers in Nevada work on a contingency fee basis, meaning they only get paid if they win the case. This ensures that victims can afford legal representation without upfront costs.
Personal Injury Settlements in Nevada
When an accident victim pursues compensation for their injuries, the goal is typically to secure a settlement rather than going to trial. Personal injury settlements are influenced by multiple factors, including the severity of the injury, the at-fault party’s insurance policy, and the strength of the evidence presented.
The Settlement Process
The personal injury settlement process typically begins by filing a claim against the at-fault party’s insurance provider. Once a claim is initiated, the process generally follows these steps:
- Initial Investigation: The victim and their attorney gather evidence to build a strong case, such as medical records, police reports, witness statements, and expert evaluations.
- Demand Letter: A demand letter outlining the extent of damages is sent to the insurance company. This letter includes a specific amount requested for settlement based on the damages suffered.
- Negotiation: The insurance company reviews the demand and usually responds with a lower counteroffer. Negotiations may go back and forth multiple times before an agreement is reached.
- Settlement Agreement: If both parties agree on a fair amount, a settlement agreement is signed. The victim then receives compensation, typically within a few weeks.
- Litigation (if necessary): If the insurance company refuses to offer fair compensation, the victim may file a lawsuit and take the case to court. However, most personal injury cases settle before reaching trial.
How Settlement Amounts Are Determined
Settlement amounts vary widely based on the specifics of each case. The key factors influencing a settlement include:
- Severity of Injuries: More severe injuries (such as spinal cord damage, traumatic brain injuries, or permanent disabilities) typically result in higher settlements due to the long-term medical care required.
- Medical Expenses: The total cost of hospital stays, surgeries, rehabilitation, and ongoing medical treatment directly affects the compensation amount.
- Lost Wages and Future Earning Capacity: If an injury prevents the victim from working temporarily or permanently, lost income is also factored into the settlement.
- Pain and Suffering: Nevada allows victims to recover compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the injury.
- Comparative Negligence: Under Nevada’s modified comparative negligence rule, if the victim is found partially at fault for the accident, their compensation is reduced by their percentage of fault.
Contact Our Las Vegas Personal Injury Lawyers
Have you recently suffered a personal injury due to someone else’s negligence in Nevada? At the Cottle Firm, we take pride in helping our clients fight for the financial compensation they deserve for preventable injuries. Give us a call today at 702-722-6111 to discuss your case in a free consultation.