Nevada is an at-fault state with a two-year statute of limitations, modified comparative fault with a 51% bar, and no caps on compensatory damages in general personal injury cases. Medical malpractice non-economic damages are subject to a cap that is increasing annually from $350,000 base up to $750,000 by 2028, then adjusting by 2.1% per year thereafter (the 2026 cap is approximately $590,000). Government liability is capped at $200,000. Auto insurance minimums are 25/50/20.
Nevada provides a two-year statute of limitations for most personal injury claims under NRS 11.190. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.
Wrongful death: Two years from the date of death.
Medical malpractice: Generally governed by NRS 41A.097. Claims must be filed within the applicable statute of limitations, with specific discovery rule provisions.
Birth injury: Lawsuit must be filed before the child's 10th birthday under NRS 41A.097(5).
Property damage: Three years.
Intentional torts: Two years.
Child sexual abuse: Until the victim's 38th birthday (age 18 plus 20 years) under NRS 11.215.
Claims against the state or a political subdivision require a tort claim to be filed with the Attorney General (state) or the governing body (local) before a lawsuit can be initiated. The statute of limitations for government tort claims is generally two years.
The statute is tolled for minors (until age 18) and for persons with mental incapacity. The discovery rule may apply when the injury was not immediately apparent. The statute may also be tolled if the defendant leaves the state to avoid suit.
Nevada follows a modified comparative fault rule under NRS 41.141. A plaintiff who is more than 50% at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.
Nevada imposes no caps on economic or non-economic damages in general personal injury cases including auto accidents, premises liability, product liability, and wrongful death (outside of government claims).
Under NRS 41A.035, non-economic damages in medical malpractice cases are capped and increasing annually:
- Base cap (pre-2024): $350,000
- 2024: $430,000 (+$80,000)
- 2025: $510,000
- 2026: $590,000
- 2027: $670,000
- 2028: $750,000
- 2029 and beyond: Increases by 2.1% annually
Economic damages (medical bills, lost wages) are not capped in medical malpractice cases. This escalating cap was enacted to balance healthcare provider stability with increasing access to fair compensation for patients.
Under NRS 42.005, punitive damages are capped at:
- 3x compensatory damages if compensatory damages are $100,000 or more
- $300,000 if compensatory damages are less than $100,000
These caps do not apply to cases involving defective products, bad faith insurance, discriminatory housing practices, toxic/hazardous materials, defamation, or DUI-related injuries (NRS 42.010 no cap for DUI injuries).
Under NRS 41.035, total damages against the state or a political subdivision are capped at $200,000 per claim. Punitive damages are not available against the government.
Nevada is an at-fault (tort) state.
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $20,000 per accident for property damage
The $20,000 property damage minimum is among the lowest in the nation.
Nevada does not require Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, though both are available as optional coverages.
Personal injury lawsuits in Nevada are filed in District Court, the state's trial court of general jurisdiction. Nevada has 11 judicial districts covering 17 counties (including Carson City as an independent city). Justice Court handles civil cases up to $15,000. Small Claims Court handles cases up to $10,000.
Clark County (Las Vegas/Henderson) handles the overwhelming majority of personal injury litigation in the state. Washoe County (Reno/Sparks) is the second-busiest jurisdiction. Clark County juries have historically produced some of the largest personal injury verdicts in the western United States.
Nevada's tourism-driven economy, dense Las Vegas metropolitan area, desert highway system, construction boom, and entertainment industry generate diverse and often high-value personal injury litigation. Common case types include motor vehicle accidents (particularly on I-15, I-515/US 93/95, the Las Vegas Strip corridor, and US 95), commercial truck accidents, rideshare and taxi accidents (extremely common in Las Vegas), pedestrian accidents (Las Vegas consistently ranks among the most dangerous cities for pedestrians), motorcycle accidents, premises liability (casino slip-and-falls, hotel injuries, nightclub incidents), construction accidents (Las Vegas has one of the most active construction markets in the nation), medical malpractice, product liability, wrongful death, DUI-related injury claims, swimming pool accidents and drownings, ATV and off-road vehicle injuries, and entertainment/event injuries.
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
Nevada provides a two-year statute of limitations for most personal injury claims under NRS 11.190. This applies to motor vehicle accidents, premises liability, product liability, and general negligence. Wrongful death and intentional torts also carry a two-year deadline, while property damage claims have three years.
Nevada follows a modified comparative fault rule under NRS 41.141. A plaintiff who is more than 50% at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.
Nevada imposes no caps on economic or non-economic damages in general personal injury cases. Medical malpractice non-economic damages are subject to an escalating cap under NRS 41A.035 ($590,000 in 2026, increasing to $750,000 by 2028, then adjusting 2.1% annually thereafter). Punitive damages under NRS 42.005 are capped at three times compensatory damages (when compensatory damages are $100,000 or more) or $300,000 (when compensatory damages are less than $100,000), with exceptions including DUI-related injuries.
Nevada is an at-fault state with liability minimums of 25/50/20: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 per accident for property damage (among the lowest in the nation). PIP and UM/UIM coverage are not required, though both are available as optional coverages.
Claims against the state or a political subdivision require a tort claim to be filed with the Attorney General (state) or the governing body (local) before a lawsuit can be initiated. The statute of limitations for government tort claims is generally two years. Total damages against the state or a political subdivision are capped at $200,000 per claim under NRS 41.035, and punitive damages are not available against the government.
Personal injury lawsuits in Nevada are filed in District Court, the state's trial court of general jurisdiction, with 11 judicial districts covering 17 counties (including Carson City as an independent city). Justice Court handles civil cases up to $15,000, and Small Claims Court handles cases up to $10,000. Clark County (Las Vegas/Henderson) handles the overwhelming majority of personal injury litigation, with Washoe County (Reno/Sparks) the second-busiest jurisdiction.
This is not legal advice. This page provides general information about Nevada personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in Nevada to discuss the specific facts of your case.
