If you’ve been hurt because someone else was careless, you’re probably facing a stack of questions you never expected to ask. Do I even have a case? What’s it worth? How long do I have? Who pays? This guide walks through how personal injury claims actually work in Nevada — in plain English, without the legalese.
What counts as a personal injury case
A personal injury case arises when someone is hurt because another person or company failed to act with reasonable care. In Nevada, that covers a lot of ground:
- Car accidents, truck crashes, and motorcycle collisions
- Slip and falls and other premises liability
- Dog bites
- Traumatic brain injuries
- Bicycle and pedestrian accidents
- Wrongful death, when the worst happens
Different facts, same underlying question: was someone negligent, and did that negligence cause harm?
The foundation: negligence
Nearly every injury claim rests on proving negligence, which breaks down into four parts:
- Duty — the other party owed you a duty of care (a driver’s duty to drive safely, a property owner’s duty to keep the premises reasonably safe).
- Breach — they failed to meet that duty.
- Causation — that failure actually caused your injury.
- Damages — you suffered real losses as a result.
All four have to be there. Building the evidence for each is the heart of what a personal injury attorney does.
How fault works in Nevada
This is the rule that surprises people, and it’s the one insurers exploit hardest. Nevada uses modified comparative negligence under NRS 41.141. If you’re found partly at fault, your compensation is reduced by your percentage of blame — and if you’re found more than 50% at fault, you recover nothing at all.
So if your total damages are $100,000 and you’re assigned 20% of the fault, you’d recover $80,000. Push that number past 50%, and recovery disappears. That’s exactly why insurance adjusters work so hard to shift blame onto injured people, and why what you say early on matters so much.
What you can recover
Nevada injury victims can generally pursue two categories of damages:
Economic damages — the measurable costs: medical bills, future medical care, lost wages, lost earning capacity, and property damage.
Non-economic damages — the human costs: pain and suffering, emotional distress, and loss of enjoyment of life. Importantly, Nevada does not cap non-economic damages in standard personal injury cases, so there’s no artificial ceiling on this part of your claim. (Medical malpractice cases are the exception and follow their own rules.)
In cases involving especially egregious conduct — fraud, oppression, or malice — Nevada also allows punitive damages under NRS 42.005. Our deep-dive on understanding compensation breaks all of this down further.
The deadline you can’t miss
Nevada generally gives you two years from the date of injury to file a personal injury lawsuit, under NRS 11.190. Let that deadline pass and your claim is almost always gone, no matter how strong it was. Some claims run shorter — cases against government entities carry early notice requirements — so the safe move is never to wait. Our statute of limitations guide covers the specifics.
How a case actually unfolds
Most Nevada injury claims follow a similar arc:
- Investigation — gathering evidence, records, and witness accounts before anything disappears.
- Treatment and documentation — letting your medical picture stabilize so the full extent of your injuries is known.
- The demand — presenting the claim and negotiating with the insurer.
- Settlement or lawsuit — most cases settle, but the ones that don’t proceed toward trial.
A case prepared as if it will go to trial tends to settle for more, because the insurer knows you’re ready to follow through.
Why representation matters
The insurance company has adjusters and lawyers whose job is to pay as little as possible. Going in alone, most people underestimate their claim and never see the tactics coming. An attorney levels that field — valuing the whole claim, protecting the deadlines, and handling the insurers so you can focus on healing. Our post on why having a lawyer matters goes deeper, and if an uninsured driver was involved, our guide to uninsured and underinsured motorist claims is worth a read.
How Marathon Law Group helps
We handle personal injury cases throughout Las Vegas and Clark County on a contingency basis — no upfront cost, and no fee unless we recover for you. If you were hurt and you’re not sure where you stand, contact us for a free consultation. We’ll give you an honest read on your case.
Call (702) 522-1808. Se habla español.
Frequently asked questions
How do I know if I have a personal injury case in Nevada? Generally, if someone else’s negligence caused your injury and you suffered real losses, you may have a claim. A free consultation is the quickest way to find out.
How much is my case worth? It depends on your economic and non-economic damages, the strength of the liability evidence, and your share of any fault under NRS 41.141. An attorney can give you a realistic range.
How long do I have to file? Generally two years from the date of injury under NRS 11.190, and less for claims against government entities.
This article is general information about Nevada law, not legal advice. Every case turns on its facts — talk to an attorney about yours.