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Nevada · head & brain

Head & brain settlements
in Nevada.

By 6 min read

Nevada applies modified-51 comparative fault with a medical-malpractice non-economic cap rising on a phased schedule from $430k (2024) to $750k (2028) under AB 404. For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Nevada's modified comparative — 51% bar and any applicable statutory cap.

Nevada applies modified comparative negligence with a 51% bar. A head & brain claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability head & brain cases where the comparative-fault split is close to even.

Head injury and traumatic brain injury claims sit at the upper end of the US band and are most affected by statutory caps. Nevada's caps (medical malpractice cap) can compress catastrophic head & brain verdicts even where the underlying damages — future care, lost earning capacity, life-care plan costs — clearly justify the higher figure.

band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Nevada's fault rule and any applicable cap then adjust the figure.

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 head & brain settlement in Nevada.

head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Nevada courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain
WyomingModified comparative — 51% bar4 years from date of injuryWY · head & brain
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · head & brain
New HampshireModified comparative — 51% bar3 years from date of injuryNH · head & brain
New JerseyModified comparative — 51% bar2 years from date of injuryNJ · head & brain
OhioModified comparative — 51% bar2 years from date of injuryOH · head & brain
OklahomaModified comparative — 51% bar2 years from date of injuryOK · head & brain
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · head & brain
NV · head & brain · frequently asked

Common questions.

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

editorial note

Figures on this page are starting points: the US band adjusted for Nevada's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Nevada. See /methodology, /sources, and /disclaimer.