Personal injury law allows you to seek compensation if someone else’s negligence has caused you losses. You can sue the responsible party to recover financial resources to cover your damages. The compensation you receive is designed to restore your life to what it was before the injuries happened.
You are generally eligible to receive economic and noneconomic damages through a personal injury lawsuit. Economic damages include tangible losses such as medical bills, lost wages and property repair costs. Noneconomic damages, on the other hand, cover more subjective losses like pain and suffering, decreased quality of life and mental anguish.
In some cases, you may also be awarded punitive damages. These are given when the defendant’s actions were significantly egregious or intentional. Unlike other types of compensation, punitive damages are not aimed at compensating you for your losses but are intended to punish the defendant.
As you read on, you will learn about different laws and regulations that apply to personal injury lawsuits in Reno.
Nevada Statute of Limitations for Personal Injury Cases
Statutes of limitations define the maximum time you have after an event where legal proceedings may be initiated in civil or criminal courts. In Nevada, the statute of limitations for personal injury cases is generally two years. This means that most injury victims have two years from when the injury happened to file a lawsuit with the court.
But, if the victim were to die from their injuries, a personal representative of their estate or eligible family members can file a wrongful death claim within two years from the date of death.
Certain situations can change—delay, halt or extend—the standard two-year timeframe.
Medical malpractice. For medical negligence-led injuries that occurred between October 1, 2002, and October 1, 2023, a lawsuit must be filed within three years from the date of injury or one year from the date the injury was discovered or should have been discovered, whichever is earlier. For injuries occurring on or after October 1, 2023, the lawsuit must be filed within three years from the malpractice date or two years from the date the injury was discovered or should have been discovered, whichever is earlier.
Out-of-state defendant. If the person responsible for your injuries leaves Nevada before or after the accident, the statute of limitations time clock will be paused during the period of time they’re absent from the state.
Nevada Personal Injury Laws
A personal injury case in Nevada typically begins when you file a complaint with the local district court. You may have the option to recover some compensation by filing an insurance claim against the at-fault party’s insurance company. However, you can file a lawsuit if the insurance claim does not adequately cover all your losses. That said, filing a claim is generally not a prerequisite for a lawsuit.
If you are planning to pursue any type of personal injury lawsuit, here are some important laws to remember.
Auto Accidents
Nevada uses an “at-fault” system for accidents, meaning you can sue the at-fault party’s insurance for the damages they caused. For example, if someone runs a red light and hits your vehicle, they must pay for your losses.
This is why Nevada requires drivers to carry at least the following minimum coverage when operating a vehicle:
$25,000 for bodily injury or death of one person
$50,000 for bodily injury or death of two or more persons
$20,000 for property damage
This coverage only pays for the bodily injury, death or property damage you cause to someone else in an accident where you were at fault. It won’t cover your losses.
Sharing Fault in an Accident
Nevada follows the modified comparative negligence rule in events where both parties may share some responsibility for what occurred. Under this rule, you can recover compensation for your damages if your fault in the accident is 50% or less. If your fault exceeds 50%, you cannot seek compensation from the defendant.
If your fault in the accident is 50% or under, your compensation is reduced by the percentage of liability assigned to you.
For example, suppose you went to the grocery store and were scrolling through your phone and didn’t notice the spilled juice on the floor. You slipped, fell and sustained injuries. You file a premises liability lawsuit against the store for causing your accident since they did not clean up the spill. In this scenario, the court might determine that you are 25% responsible for your injuries because you were distracted by your phone and not paying attention to where you were walking.
As per Nevada’s modified comparative negligence rule, you can still recover personal injury compensation as long as your fault is 50% or less. If the total damages were $50,000, you would receive $37,500, accounting for your 25% fault.
Damage Caps
Generally, Nevada does not have damage caps on what you can collect for medical bills, property repair, lost wages and other compensatory damages, but there are three exceptions.
Government. If you file a case against the government, your damages will be capped at $200,000, and you will not receive any punitive damages.
Medical malpractice. In these cases, noneconomic damages such as pain and suffering are capped at $430,000 for 2024 and $510,000 for 2025.
Punitive damages. If your case qualifies for punitive damages, they are capped at $300,000 if compensatory damages are below $100,000. If compensatory damages are $100,000 or above, punitive damages cannot exceed three times the compensatory damages.
Personal Injury Settlement Considerations
Most personal injury claims don’t go to trial because liable insurance companies generally prefer to avoid the lengthy and expensive trial process. Trials require substantial resources and carry the risk of higher verdicts. As a result, most insurance companies opt to engage in negotiations to reach a fair settlement amount.
However, the time it takes to reach a personal injury settlement can vary based on several factors, including the accident’s severity, the number of defendants involved, the quality of the evidence and the ability to demonstrate negligence.
Timeline for Insurance Settlements in Nevada
Generally, Nevada gives insurance companies up to 80 days, roughly three months, to settle a claim. Here’s a breakdown of the steps involved.
Acknowledge the claim. After you file the claim, the insurance company has about 20 days to acknowledge it and send you the necessary paperwork to fill out, including proof of loss.
Investigation. Once you submit the paperwork, the insurance company has 20 days to begin its investigation and may request additional proof or documents.
Decision. The insurer then has 30 days to approve or deny your claim or request an extension. They must provide updates every 30 days, explaining the reasons for any further delays.
Payment. The insurer has 30 working days to make a payment once the settlement is approved.
Tax Considerations for Personal Injury Settlements
While most of your settlement may be tax-free, some portions could be subject to taxes. Here are the key areas to consider.
Medical bills. These are usually nontaxable unless you have already deducted these expenses on your tax returns while waiting for your settlement.
Lost income. Compensation for missed wages is subject to federal taxes.
Property damage. This is generally nontaxable unless the compensation exceeds the property’s value, in which case the excess is taxable.
Punitive damages. These are subject to taxes.
Interest on settlements. Any interest accrued on your settlement while waiting for the payout is taxable.
Attorney Fees
Before you receive your settlement, your attorney will likely deduct their fees. Most personal injury lawyers work on a contingency basis, meaning their ability to get paid depends on whether they’re successful at securing compensation for you. Typically, this fee ranges from 33% to 40%, depending on how quickly your case revolves and how straightforward it is.
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Publish date : 2024-09-04 02:39:00
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