Nevada Car Accident Compensation Laws
Nevada's bright lights and little cities draw in drivers from far and wide to try their luck at winning it big. Blackjack, black diamond slopes, and black American Express cards all make their way into the Battle Born State. But just in case you skid on a patch of black ice on one of Nevada's winding mountain roads, be sure your pup is strapped in safe and get familiar with these Nevada car accident compensation laws.
Nevada's "At Fault" and "Modified Comparative Negligence" Laws
Nevada uses a form of modified comparative negligence that requires an injured party to prove that he was no more at fault for his injuries than the driver(s) he is suing. Further, the rule requires the court to reduce any damage award in proportion to the injured party's percentage of fault. This means that if you are sued for $10,000 in damages but the court finds that you were only 60% at fault for the accident, the court will only order you to pay $6,000 in damages.
Check out the chart and information below for more details on Nevada car accident compensation laws.
Statute of Limitations
• 2 years for personal injury (N.R.S. § 11.190-(4)(c))
• 3 years for damage to personal property (N.R.S. § 11.190-(3)(c))
• 2 years for lawsuits against the state (N.R.S. § 41.036)
Limits on Damages
• Punitive damages capped at the greater of triple compensatory or $300,000 (N.R.S. § 42.005)
• Double damages for injuries resulting from abuse or neglect to older or vulnerable people (N.R.S. § 41.1395)
• $5,000 for injuries to pets (N.R.S. § 41.740)
• $100,000 when the State is the defendant (N.R.S. § 41.035)
• $10,000 for injuries stemming from willful misconduct of a minor (N.R.S. § 41.470)
Comparative Negligence (N.R.S. § 41.141)
Types of Damages
You might not realize that you can potentially recover more than just your money damages from your car accident. While money damages are known as economic damages, you may also be able to recover non-economic damages. Non-economic damages include the injuries you suffer that are hard to pin a price tag on, such as your pain and suffering, emotional distress, and loss of affection or companionship.
Car accident damages often include:
- Medical bills
- Rental car costs
- Vehicle repair or replacement costs
- Lost wages
- Other out-of-pocket expenses
Limits on Damages
If you are 60 years of age or older or are vulnerable and you believe your car accident injuries were the result of abuse or neglect, you may be entitled to double damages from the party responsible. These are known as punitive damages. Should they be available in your case, prepare yourself for your punitive damages to be limited to triple your compensatory damages if your compensatory damages are $100,000 or greater, or $300,000 if your compensatory damages are less than $100,000.
In the case where your injuries are the result of willful misconduct of a minor, that minor's parents will be held liable, but for no more than $10,000. Also, if the State is party at fault for your injuries, your damages (excluding interest) will be capped at $100,000 and you must file your lawsuit within 2 years of the accident. Such a time limit is known as a statute of limitations.
Even if the State was not at fault for your personal injury, Nevada still requires you to bring suit within 2 years for personal injury claims. However, you have 3 years to file a claim for personal property damage. Finally, pet owners should be aware that they can recover as much $5,000 for injuries to each pet.
Seeking Compensation for a Car Accident? A Nevada Lawyer Can Help
If you and your pal suffered injuries thanks to a driver sliding around the mountain, you may be entitled to compensation. Nevada's form of modified comparative fault can make it tough to estimate the strength and value of your case; so if it has been less than two years since you were injured, it may be a good idea to get in touch with a Nevada injury lawyer as soon as you can.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.