Nevada applies modified-51 comparative fault with a medical-malpractice non-economic cap that rises each year under AB 404 (2023).
Nevada operates modified-51 comparative negligence. AB 404 (2023) restructured the medical-malpractice non-economic damages cap onto a schedule that rises each year; the Nevada Supreme Court publishes the current limit. The PI statute of limitations is two years; med-mal is three.
Nev. Rev. Stat. § 11.190
Modified comparative, recovery barred at 51% claimant fault.
Caps and ceilings imposed by Nevada law that bear on settlement values.
Nev. Rev. Stat. § 41A.035
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Nevada law.
Reported Nevada decisions for each injury type, each with a link to the judgment and to the full injury guide.
A driver turned right from a left lane and hit the plaintiff’s car in 2009.
whiplash in Nevada →A driver borrowing his mother’s car ran a red light and hit the plaintiff, who later developed complex regional pain syndrome.
whiplash in Nevada →A driver caused a car wreck that injured two people.
back & spine in Nevada →A cardiologist whose radiating spine pain did not respond to epidural injections was diagnosed with severe lumbar disease and later sued the treating spine surgeon.
back & spine in Nevada →A patient went into cardiac arrest during rotator cuff surgery and never regained consciousness, remaining in a permanent vegetative state.
head & brain in Nevada →Parents sued several providers alleging their infant daughter suffered permanent brain damage from negligent care.
head & brain in Nevada →A shopper tripped over a wooden pallet an employee had left in an aisle.
fracture in Nevada →An audience member fell during the outdoor part of a David Copperfield illusion at the MGM Grand.
fracture in Nevada →During surgery on a fracture of the upper arm near the elbow, a burn to the radial nerve left the patient with permanent radial nerve palsy.
medical negligence in Nevada →The Supreme Court held the noneconomic damages cap in NRS 41A.035 does not violate the right to a jury trial, and decided how it applies across multiple causes of action.
medical negligence in Nevada →A restaurant worker slipped in a puddle and received $177,335.59 in compensation benefits.
workplace in Nevada →A worker was seriously injured while servicing the MGM Grand sign on a 150 foot steel pylon and sued the company that designed and built it.
workplace in Nevada →Statutes and rulings that come up again and again in Nevada injury claims, each with its source.
| Deadline to sue | Two years for injuries caused by another person’s wrongful act or neglect.NRS 11.190(4)(e), applied in Patush v. Las Vegas Bistro (Nev. 2019) |
|---|---|
| Fault rule | Your negligence does not bar recovery if it was not greater than the negligence of the defendants, so a 51% share bars you and anything less reduces the award.NRS 41.141, as stated in Foster v. Costco (Nev. 2012) |
| Seat belt use | Not wearing a seat belt is not evidence of negligence or causation in any civil action.NRS 484D.495(4), in the MyClaimWorth seat belt chart |
| Future medical costs | A plaintiff must disclose a computation of future medical expenses before trial, even when a treating doctor has recommended the care.NRCP 16.1(a)(1)(C); Ortega v. Cervantes-Lopez (Nev. 2017) |
| Biased jurors | A juror whose background shows implied bias must be struck, even if the juror says he can be fair.Sanders v. Sears-Page (Nev. App. 2015) |
| Future surgery costs | Recoverable when supported by medical testimony, but a computation must be disclosed before trial without waiting for a request.Ortega v. Cervantes-Lopez (Nev. 2017) |
| Claims against public bodies | Damages against the state or a local government are capped at $200,000 per claimant.NRS 41.035, in the MyClaimWorth notice of claim chart |
| Settlements by other defendants | Amounts paid by settling defendants reduce the judgment against the defendant who went to trial.Banks v. Sunrise Hospital (Nev. 2004) |
How Nevada compares with its neighbours in the West on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Nevada | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Hawaii (HI) | Modified comparative, 51% bar | 2 years from date of injury |
| Idaho (ID) | Modified comparative, 50% bar | 2 years from date of injury |
| Montana (MT) | Modified comparative, 51% bar | 3 years from date of injury |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Utah (UT) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| Wyoming (WY) | Modified comparative, 51% bar | 4 years from date of injury |
Common questions about personal injury claims in Nevada, answered with the relevant statutory references.
This page summarises the Nevada statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Nevada. See /methodology, /sources, and /disclaimer.
