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Nevada · medical negligence

Medical negligence 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 medical negligence 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 medical negligence 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 medical negligence cases where the comparative-fault split is close to even.

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — Nevada's caps (medical malpractice cap) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

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 medical negligence settlement in Nevada.

medical negligence · 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 medical negligence claims.

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