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★ Nevada · back & spine

Back & spine settlements
in Nevada.

By Reviewed by Abd Shanti, Founder9 min read

In Nevada the cost of a future spine surgery is a claim you have to prove with numbers before trial. The Supreme Court upheld a $200,000 award for a lumbar fusion that had not yet happened, while warning that the computation must be disclosed in advance.

Facts that decide a back & spine claim in Nevada

Future surgery costsRecoverable when supported by medical testimony, but a computation must be disclosed before trial without waiting for a request.Ortega v. Cervantes-Lopez (Nev. 2017)
Deadline to sueTwo years from the injury.NRS 11.190(4)(e); Patush (Nev. 2019)
Fault ruleRecovery is barred only if your negligence is greater than the defendants’; otherwise the award is reduced.NRS 41.141; Foster v. Costco (Nev. 2012)
Claims against public bodiesDamages against the state or a local government are capped at $200,000 per claimant.NRS 41.035, in the MyClaimWorth notice of claim chart
Seat belt useNot admissible as negligence or causation.NRS 484D.495(4)
united states · sister site
Your back & spine claim in Nevada. See the number for your own case.

FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

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★ NV · reported back & spine outcomes

What Nevada courts have awarded.

Real Nevada decisions and verdicts, each linked to the court record or official report.

  • Ortega v. Cervantes-Lopez
    Nevada Supreme Court · 2017
    $200,000 for a future lumbar fusion, plus $85,000 future medical to a second plaintiff

    A driver caused a car wreck that injured two people. One plaintiff’s surgeon estimated a future lumbar fusion at $224,100, while a defense witness put it at about $120,000; the jury awarded $200,000 for it. The Supreme Court held future medical costs must be computed before trial, but found no prejudice and affirmed.

  • Boman v. Elkanich
    Nevada Supreme Court · 2024
    Malpractice claim over spine care

    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. The opinion notes that recent amendments extend the deadline for some malpractice claims to two years after discovery.

★ NV · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Nevada.

  1. 1

    Put a number on future care early. Ortega won $200,000 for a fusion that had not yet been done, but the Supreme Court made clear that a doctor’s note that surgery is needed is not enough; the expected cost must be disclosed as a computation before trial.

  2. 2

    Expect competing cost estimates. In Ortega the plaintiff’s surgeon put the fusion at $224,100 and a defense witness at about $120,000, and the jury landed in between. Billing records from comparable procedures help anchor the figure.

  3. 3

    If the back injury came from treatment rather than a crash, different rules apply. Malpractice claims have their own deadlines, expert affidavit requirement, and cap, covered on the Nevada medical malpractice page.

★ NV · statute of limitations
2 years for personal injury; 3 years for medical malpractice

Nev. Rev. Stat. § 11.190

★ NV · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ NV · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Nevada.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Nevada's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Nevada · you are hereModified comparative, 51% bar2 years for personal injury; 3 years for medical malpractice—
OregonModified comparative, 51% bar2 years from date of injuryOR · back & spine →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · back & spine →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · back & spine →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · back & spine →
OhioModified comparative, 51% bar2 years from date of injuryOH · back & spine →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · back & spine →
New MexicoPure comparative negligence3 years from date of injuryNM · back & spine →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · back & spine →
★ NV · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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Sources

Checked 2026-09-28.

★ all of NV
Nevada overview

Fault rule, statute, caps, and key facts for Nevada as a whole.

★ national frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Nevada. See /methodology, /sources, and /disclaimer.