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Nevada · whiplash

Whiplash 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 whiplash 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 whiplash 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 whiplash cases where the comparative-fault split is close to even.

Nevada's caps (medical malpractice cap) apply to the non-economic component of whiplash damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$10,000 – $40,000
Whiplash / soft tissue (1–2 years)
Insurance settlement data plus VerdictSearch tabulations

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 whiplash settlement in Nevada.

whiplash severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 – $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1–2 years)$10,000 – $40,000Insurance settlement data plus VerdictSearch tabulations
whiplash · 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 whiplash claims.

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