Nevada Personal Injury Law Resources

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.

Statute of Limitations

General Personal Injury TWO Years

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.

Specific Deadlines

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.

Government Claims

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.

Tolling

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.

Modified Comparative Fault (51% Bar)

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.

Damage Caps

No General Personal Injury Caps

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).

Medical Malpractice Escalating Non-Economic Cap

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.

Punitive Damages

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).

Government Liability $200,000 Cap

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.

Auto Insurance Requirements

Nevada is an at-fault (tort) state.

Liability Minimums 25/50/20

• $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.

No PIP or UM/UIM Required

Nevada does not require Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, though both are available as optional coverages.

Where Personal Injury Cases Are Filed

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.

Common Types of Personal Injury Cases in Nevada

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.

This page provides general legal information about Nevada personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Nevada to discuss the specific facts of your case.