Wondering what damages you can recover after a car accident in Nevada? This guide breaks down economic, non-economic, and punitive damages, how comparative negligence changes your check, and deadlines that can make or break your case. A seasoned car accident lawyer can help you apply these rules to your facts.
Economic damages you can claim
These are the tangible, out-of-pocket losses you can document with bills and records:
- Medical expenses: ER, surgery, hospitalization, prescriptions, rehab, devices, and future care projections.
- Lost income & earning capacity: Days missed plus long-term impact on your career.
- Property losses: Vehicle repair/replacement and diminished value when applicable.
- Services you now need: Transportation, home health, childcare, or household help attributable to the injury.
Common Economic Damages & Typical Proof
Damage Category | Examples | Typical Proof |
Medical bills (past & future) | ER, imaging, physio, surgery | Itemized bills, CPT codes, physician reports, life-care plan |
Lost wages & benefits | Missed shifts, PTO depletion, bonuses | Employer letter, pay stubs, tax returns |
Reduced earning capacity | Can’t return to prior role | Vocational eval, economist report |
Property loss | Repair, total loss, rentals | Body shop estimates, appraisals, rental invoices |
Out-of-pocket | Meds, mileage, equipment | Receipts, mileage logs |
Non-economic damages: pain, suffering, and more
Nevada allows recovery for pain and suffering, emotional distress, loss of enjoyment, disfigurement, and loss of consortium. There is no general cap on non-economic damages in ordinary car-accident cases (medical malpractice has special rules, but that’s a different statute).
How insurers estimate: Many use multiplier or per-diem approaches (not binding on courts). The severity of injuries, recovery time, and long-term limitations influence the number.
Punitive damages and when they apply in Nevada
Punitive (exemplary) damages punish especially bad conduct oppression, fraud, or malice proven by clear and convincing evidence. Nevada caps punitive awards at three times compensatory damages if compensatory ≥ $100,000, or $300,000 if compensatory < $100,000, with exceptions (e.g., product liability and insurer bad faith).
Nevada Punitive Damages at a Glance
Item | Nevada Rule |
When available | Oppression, fraud, or malice (clear & convincing) |
General cap | 3× compensatory if ≥ $100,000; else $300,000 |
Not subject to cap | Defective products, insurer bad faith, certain housing discrimination, toxic/hazardous spills, defamation |
Procedure | Amount decided in a separate proceeding after liability finding |
Practical tip: In drunk-driving crashes, punitive damages may be pursued; statutes address injuries caused by operation after alcohol/controlled substances, and caps may not govern depending on the theory. A car accident lawyer will evaluate the best path.
Comparative negligence: how fault reduces your check
A Las Vegas car accident lawyer helps identify every compensable loss, gather proof (medical records, wage statements, repair invoices), and negotiate with insurers so you don’t leave money on the table. If negotiations stall, your attorney can file suit and present damages to a jury with expert support.
Nevada follows modified comparative negligence: if you’re more than 50% at fault, you cannot recover. If you’re 50% or less at fault, your damages are reduced by your percentage of fault. For example, a $100,000 award becomes $70,000 if you’re 30% responsible. This is codified in NRS 41.141.
Multiple defendants? Nevada generally uses several liability—each defendant pays only their percentage—except for certain categories (strict liability, intentional torts, toxic spills, concerted acts, products).
Insurance coverage & sources of compensation
Nevada’s minimum auto liability limits are 25/50/20 ($25k per person, $50k per accident for bodily injury; $20k property damage). That may be far below the cost of a serious crash.
Nevada Liability & First-Party Coverages
Coverage | What it Pays | Why It Matters |
Liability (25/50/20 minimum) | Injuries and property damage you cause to others | Third-party source when the other driver is at fault; often inadequate for serious injuries |
UM/UIM (offered at least at 25/50) | Your injuries when the at-fault driver lacks enough insurance | Critical backstop; Nevada requires insurers to offer UM/UIM at ≥ minimum limits |
MedPay | Medical bills regardless of fault | Quick help for co-pays/deductibles |
Collision/Comprehensive | Your car repair or replacement | Useful for total losses or hit-and-run |
Key Nevada note: Insurers must offer UM/UIM at least equal to the statutory minimums; drivers choose to accept or reject. After the 25/50/20 increase (effective July 1, 2018), carriers had to re-offer updated UM/UIM limits.
Filing deadlines & proof: timelines, evidence, and documentation
- Statute of limitations: Two years to file a personal-injury or wrongful-death lawsuit arising from a vehicle crash, per NRS 11.190(4)(e). Filing late usually bars recovery
- Evidence to preserve: Police report, medical records, photos, dash-cam/traffic-cam footage, witness info, black-box data, repair and valuation records.
- Medical follow-through: Gaps in treatment invite lowball offers; keep appointments and save receipts.
- Diminished value: If your repaired vehicle is worth less than before, claim the reduction with appraisals and sales comps.
- Negotiation strategy: Open with a demand package that ties each damage category to specific proof and Nevada law.
Conclusion
Understanding what damages you can recover after a car accident in Nevada helps you claim everything the law allows medical bills, wage loss, pain and suffering, and, in rare cases, punitive damages. A car accident lawyer can value your claim, navigate comparative negligence, and pursue every available insurance dollar.
Legal note: This article is general information, not legal advice. Laws and facts change. For tailored guidance, consult a licensed Nevada attorney.
FAQs
1) What damages can you recover after a car accident in Nevada?
Economic (medical bills, lost wages, property), non-economic (pain, suffering), and sometimes punitive damages. Comparative negligence may reduce your award; deadlines apply.
2) Is pain and suffering capped in Nevada car-accident cases?
No general cap for typical auto-injury claims; medical malpractice caps are separate.
3) What if I’m partly at fault?
If you are 50% or less at fault, you can recover, reduced by your fault. Over 50% bars recovery.
4) What are Nevada’s minimum insurance limits?
25/50/20 for liability; UM/UIM must be offered at least at those limits. Consider higher limits for protection.5) How long do I have to sue after a crash?
Generally two years from the injury or death. Don’t delay; evidence fades quickly.