Like every other state, Nevada is unique in the way that it handles personal injury cases. For this reason, we thought it would be worthwhile to review some of the most important things any person should know about Nevada’s personal injury laws.
Personal Injury Statute of Limitations
Unlike in some other states, Nevada has a strict two-year statute of limitations for bringing a personal injury case to court. This means that any personal injury victim has a maximum of two years to bring suit against a defendant. If you find yourself the victim of personal injury suffered at the hands of another, then it’s vital that you keep this in mind. Attempting to bring a suit after the two-year period has expired will almost always result in the courts refusing to hear your case. This statute of limitations applies to all personal injury suits, even those that might be brought against the state government.
Nevada Is a Shared Fault State
Another important feature of Nevada’s personal injury laws is the concept of “shared fault”. What this basically means is that any personal injury case is never an all or nothing proposition. Both the victim and the defendant can be judged to share certain levels of blame for the incident that caused the personal injury, and can then be directed to share the damages along those lines.
For example, if two individuals were involved in a car accident and one suffered a personal injury, the court and jury would weigh what percentage of the blame each driver shared for the accident. If it is determined that the personal injury victim was 30% to blame for the accident that transpired, then that individual would only be able to recoup 70% of the damages that they’re seeking from the defendant.
It’s not as clear cut when both the victim and the defendant are judged to be equally at fault for an incident or when the ‘victim’ is judged to be mostly at fault. In these instances, the personal injury victim would not be able to receive damages from the defendant. Also, that victim would be prohibited from seeking damages from any other party that might be judged to share fault in the case.
Keep These Things in Mind
Even if you do not plan to bring a personal injury suit against another individual or the government, it’s important to understand these facets of Nevada law. That’s because these peculiarities will also factor into any negotiations that take place between your insurance company and another’s in the event you suffer an injury.
Of course, if you are ever injured as the result of someone else’s negligence, then you’re entitled to seek damages in court. So make sure that you act promptly to collect any evidence related to the incident and that you get in touch with an experienced Nevada personal injury attorney as soon as possible. A lawyer like the ones at Clear Counsel Law Group can help you navigate the complexities of the state’s personal injury laws.