Head & brain settlements
in Nevada.
The largest Nevada brain injury cases in the reported decisions come from medical care, and they turn as much on who else settled as on what the jury awards. Settlements by other defendants come off the judgment, and in malpractice cases each provider pays only its own share.
Facts that decide a head & brain claim in Nevada
| 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) |
|---|---|
| Several liability for health care providers | In malpractice actions each provider is liable only for its own share, and may argue the fault of settled defendants to the jury.NRS 41A.045; Piroozi v. Eighth Judicial District Court (Nev. 2015) |
| Fault rule in other cases | Barred only if your negligence is greater than the defendants’.NRS 41.141; Foster v. Costco (Nev. 2012) |
| Deadline to sue | Two years for negligence claims; malpractice claims follow their own rules.NRS 11.190(4)(e) |
| Malpractice noneconomic cap | Brain injuries caused by medical negligence fall under the NRS 41A.035 cap on noneconomic damages; the Nevada Supreme Court publishes the current limit.NRS 41A.035; Tam v. Eighth Judicial District Court (Nev. 2015) |