Whiplash settlements
in Nevada.
Nevada neck injury claims often turn on one question the defense raises in almost every trial: was the treatment caused by the crash, or sold to the patient afterwards? Two Nevada appeals show how that fight plays out.
Facts that decide a whiplash claim in Nevada
| Deadline to sue | Two years for injuries caused by another person’s wrongful act or neglect.NRS 11.190(4)(e), applied in Patush v. Las Vegas Bistro (Nev. 2019) |
|---|---|
| Fault rule | Your negligence does not bar recovery if it was not greater than the negligence of the defendants, so a 51% share bars you and anything less reduces the award.NRS 41.141, as stated in Foster v. Costco (Nev. 2012) |
| Seat belt use | Not wearing a seat belt is not evidence of negligence or causation in any civil action.NRS 484D.495(4), in the MyClaimWorth seat belt chart |
| Future medical costs | A plaintiff must disclose a computation of future medical expenses before trial, even when a treating doctor has recommended the care.NRCP 16.1(a)(1)(C); Ortega v. Cervantes-Lopez (Nev. 2017) |
| Biased jurors | A juror whose background shows implied bias must be struck, even if the juror says he can be fair.Sanders v. Sears-Page (Nev. App. 2015) |