Our attorneys have been assisting the Clark County
community for over 35 years.
After an accident, Nevada law limits the time available to take legal action to two years in most cases and potentially the amount of compensation an injured person can recover due to the 51% fault rule.
Nevada law gives most injury victims two years to file a personal injury lawsuit when another party’s negligence is responsible. This deadline usually starts on the date of the accident. For example, someone injured in a Las Vegas car crash, hotel fall or pedestrian accident generally has two years from the incident to pursue a claim in court. If the deadline passes, the insurance company can refuse to pay, and the court can dismiss the case.
Some cases involve different rules or exceptions. For example, claims involving government entities have extra filing rules and medical malpractice laws give the injured patient the earlier of three years from the date of injury or two years from the date the patient discovered, or reasonably should have discovered, the injury.
The two year deadline does not apply to insurance claims. Insurance companies may set their own and typically require prompt reporting. In other words, as soon as possible. Additionally, an open insurance claim does not pause Nevada’s lawsuit deadline.
Nevada uses a modified comparative negligence rule, which means you can recover compensation only if your share of the blame does not exceed the at-fault party’s. Nevada draws the line at 51%. If you are 50% or less responsible, you can still recover compensation, but the court reduces your award by your percentage of fault. If you are found 51% or more to blame, you recover nothing.
For example, if your damages total $100,000 and a jury finds you 20% at fault, you can recover $80,000. If the jury finds you 50% at fault, you can recover $50,000. If the jury finds you 51% at fault, Nevada law bars recovery.
The 51% rule gives insurance companies a reason to shift blame onto you to reduce their liability and your payout. For instance, in a car accident claim, they may argue you were speeding, distracted, or following too closely. In a fall injury claim, they may claim you ignored a visible hazard, wore unsafe shoes, or failed to watch where you were walking.
After an accident, quick action can protect both your right to pursue compensation and the value of your claim.
Get medical care as soon as possible.
Following the treatment plan is critical. Gaps in treatment give the insurance company room to argue that the injury healed, came from another cause, or was not as severe as you say.
Report the accident to the appropriate party.
For instance, after a car crash, call law enforcement and notify the insurer. After a fall, report the incident to the property owner, hotel, casino, store, or business before leaving the scene.
Save evidence early.
Photos, videos, witness names, incident reports, medical records, repair records, and surveillance footage can help prove what happened and push back against unfair blame.
Only state the facts.
Avoid guessing about fault when speaking at the scene or with an insurance adjuster. Simple statements like “I did not see it” or “I may have been going too fast” can later support an argument that you caused or contributed to the accident.
Speak with a Nevada personal injury lawyer.
An attorney can protect the timeline, deal with the insurance company, and challenge attempts to shift the blame onto you.