Like every other state, Nevada has its own prerogatives and rules for handling personal injury cases. For this reason, it is worthwhile to periodically review some of the most important things to 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 filing a personal injury case. This means that any personal injury victim has a maximum of two years to bring a suit against a defendant. If you find yourself the victim of personal injury suffered at the hands of another, then it’s vital to 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.
There are a few exceptions to the statute of limitations for injuries that don’t manifest until later or complications that arise from injuries. These are rare and need to be argued. It is best to consult with an experienced personal injury attorney to establish if an exception could apply to you.
Nevada Is a Shared Fault State
Another important feature of Nevada’s personal injury laws is the concept of shared fault. Rather than making a personal injury case an all or nothing proposition, the victim and the defendant can be judged to share levels of blame for an incident. As long as you aren’t considered to be more than 50% at-fault you can still collect damages for an injury under the principle of modified comparative negligence. The damages are modified by the percent of fault that a court determines you to be.
For example, if two individuals were involved in a car crash and one suffered an 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 crash 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 injured party and the defendant are judged to be equally at fault for an incident or when the injured party 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 helps to understand these facets of Nevada law. These peculiarities also factor into any negotiations that take place between your insurance company and another party’s in the event you suffer an injury.
Get Representation
Of course, if you are ever injured as the result of someone else’s negligence, then you’re entitled to seek damages in court. Act promptly to collect any evidence related to the incident and that get in touch with a Clear Counsel Law Group. Our experienced Nevada personal injury attorneys can help you fight for compensation and defend your rights.