Nevada Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Nevada injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Nevada
- Deadline to sue for an injury
- Two years for an action to recover damages for injuries to a person caused by the wrongful act or neglect of another (with exceptions in NRS 11.215 and 11.217). NRS 11.190(4)(c), (e)
- Fault rule (comparative negligence)
- Modified comparative negligence (51% bar). The plaintiff's comparative negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of multiple defendants; NRS 41.141
- Wrongful death deadline
- Two years for an action to recover damages for the death of a person caused by the wrongful act or neglect of another. Wrongful death claims against health care providers follow the medical malpractice deadline in NRS 41A.097. NRS 11.190(4)(e); NRS 41A.097
- Minimum car insurance
- Owners of registered vehicles must continuously carry liability insurance of at least $25,000 per person and $50,000 per crash for bodily injury and $20,000 for property damage. NRS 485.185
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Two years for an action to recover damages for injuries to a person caused by the wrongful act or neglect of another (with exceptions in NRS 11.215 and 11.217). Two years also applies to libel, slander, assault, battery and false imprisonment. Source: NRS 11.190(4)(c), (e) |
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| Deadline to sue for property damage | Three years for taking, detaining or injuring personal property. Source: NRS 11.190(3)(c) |
| Medical malpractice deadline | For injuries or deaths occurring on or after October 1, 2023: within 3 years after the date of injury or 2 years after the patient discovers or reasonably should have discovered the injury, whichever comes first. (For injuries from October 1, 2002 to September 30, 2023, the discovery period was 1 year.) The time is paused while the provider conceals information. Source: NRS 41A.097 |
| Wrongful death deadline | Two years for an action to recover damages for the death of a person caused by the wrongful act or neglect of another. Wrongful death claims against health care providers follow the medical malpractice deadline in NRS 41A.097. Source: NRS 11.190(4)(e); NRS 41A.097 |
| Suing the government | A tort claim against the state should be filed with the Attorney General, and a claim against a city, county or other political subdivision with its governing body, within 2 years after the claim accrues; however, filing the claim is not a condition for bringing a lawsuit. Awards against the state, political subdivisions and their officers or employees may not exceed $200,000 per claimant (not counting interest after judgment) and may not include punitive damages. Cap: https://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec035 Source: NRS 41.035, 41.036 |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The plaintiff's comparative negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of multiple defendants; the jury finds total damages and each party's percentage of negligence, and damages are reduced accordingly. Source: NRS 41.141 |
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| Damage caps | No general cap on compensatory damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (with exceptions), and to claims against the state and local governments ($200,000 per claimant). |
| Medical malpractice caps | Yes. Noneconomic damages against a health care provider for professional negligence may not exceed the statutory cap, regardless of the number of plaintiffs, defendants or theories. The cap was $350,000 and increases by $80,000 every January 1 from 2024 until it reaches $750,000 on January 1, 2028, then by 2.1% a year from 2029. The Nevada Supreme Court publishes the yearly amounts on its website. Defendants are liable only for their own percentage share. Source: NRS 41A.035, 41A.045 |
| Punitive damages | Allowed in non-contract cases when proven by clear and convincing evidence that the defendant was guilty of oppression, fraud or malice. Generally capped at three times compensatory damages if those are $100,000 or more, or $300,000 if compensatory damages are less than $100,000. The caps do not apply to cases against makers or sellers of defective products, insurers acting in bad faith, certain housing discrimination cases, hazardous material releases, or defamation. The amount is decided in a separate proceeding, and the jury is not told about the caps. Government awards may not include punitive damages. Source: NRS 42.005; NRS 41.035 |
Wrongful death
| Who can sue for wrongful death | The heirs of the person who died (those who would inherit the person's separate property without a will) and the personal representative may each bring an action, and their claims may be joined. Heirs may recover damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and for the decedent's pain, suffering or disfigurement. A person deemed a killer of the decedent is excluded. Source: NRS 41.085 |
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| Wrongful death deadline | Two years for an action to recover damages for the death of a person caused by the wrongful act or neglect of another. Wrongful death claims against health care providers follow the medical malpractice deadline in NRS 41A.097. Source: NRS 11.190(4)(e); NRS 41A.097 |
Car accidents and dog bites
| Reporting a crash to police | If no police officer is at the scene, a driver in a crash that injured or killed someone, or that happened on a highway, must — after stopping, exchanging information and helping the injured — immediately report the crash to the nearest police office or the Nevada Highway Patrol. A driver who damages an unattended vehicle or other property on a highway must immediately notify the nearest police office or the Highway Patrol by the quickest means available (a capable passenger must do it if the driver cannot). Violations are misdemeanors. Source: NRS 484E.030(2), 484E.050 |
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| Crash report to the DMV | If a crash causes injury or death, or apparent damage of $750 or more to any vehicle or item of property, the driver must send a written or electronic crash report to the Department within 10 days, attaching a repair estimate or total-loss statement for vehicle damage. No driver report is needed if a police officer investigated and the officer's report lists each person's insurance company, policy number and coverage dates. If the driver is physically unable and is not the owner, the owner must report. Willfully failing to report can lead to suspension of driving privileges (generally for 1 year unless the report is received); knowingly giving false information is a gross misdemeanor. Source: NRS 484E.070, 484E.080 |
| Leaving the scene (hit and run) | A driver in a crash causing injury or death must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked (and surrendered it to police on request), and given reasonable help to anyone injured, including arranging transport for medical care. Leaving the scene of an injury or death crash is a category B felony: 2 to 20 years in state prison and a $2,000–$5,000 fine, with no probation or suspended sentence, and a separate offense for each person hurt or killed. Failing to stop at a property-damage-only crash (with an attended vehicle or property), or failing to find the owner or leave a note after hitting an unattended vehicle or property, is a misdemeanor. If the vehicle is a hazard and can be moved safely, the driver should move it out of traffic lanes first. |
| Minimum car insurance | Owners of registered vehicles must continuously carry liability insurance of at least $25,000 per person and $50,000 per crash for bodily injury and $20,000 for property damage. Source: NRS 485.185 |
Slip, trip and fall injuries
| Claims against a city or county | A person with a tort claim against a city, county or other political subdivision should file it with that political subdivision's governing body within 2 years after the cause of action accrues, but filing the claim is not a condition for bringing a lawsuit. The same statute covers claims against the State (filed with the Attorney General). Awards against the State or a political subdivision may not exceed $200,000 (not counting interest from the date of judgment) and may not include punitive damages. Cap: https://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec035 . One law (NRS 41.031 to 41.039) covers both state and local government. Source: NRS 41.036, 41.035 |
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| Injuries on land used for recreation | An owner, lessee or occupant of land owes no duty to keep the premises safe for people who enter to take part in recreation, or to warn them of hazards, and giving permission does not promise the land is safe. The protection does not cover willful or malicious failure to guard or warn against a dangerous condition, injuries where permission was given for consideration (payments from the State or a local government, and the price of a game tag, do not count), or injuries the permitted users cause to others to whom a duty is owed. Recreation is defined broadly, including hunting, fishing, camping, hiking, winter and water sports, and riding animals, vehicles or bicycles. Source: NRS 41.510 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | All riders: the driver and any passenger on a motorcycle or moped on a highway must wear protective headgear securely fastened on the head. They must also wear protective glasses, goggles or a face shield unless the motorcycle has a transparent windscreen meeting state standards. Riders in a parade authorized by a local authority, and certain enclosed three-wheel vehicles and autocycles, are exempt. The statute does not address whether not wearing a helmet affects damages. Source: NRS 486.231 |
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| Lane splitting | Banned. Except for a police officer on duty, no one may drive a motorcycle or moped between moving or stationary vehicles in adjacent traffic lanes. A motorcycle, moped or trimobile also may not ride abreast of or pass another vehicle within the same lane, except that motorcycles and mopeds may ride up to two abreast in one lane with the drivers' consent. Source: NRS 486.351 |
| Pedestrian right-of-way | Where traffic-control signals are not in place or not working, a driver must yield, slowing down or stopping if needed, to a pedestrian crossing in a crosswalk. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. A pedestrian violation of these rules is not a misdemeanor; it carries a civil penalty of up to $100. Crossing elsewhere: https://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec287 . Source: NRS 484B.283, 484B.287 |
| Bicycle laws | A person riding a bicycle (or electric bicycle or scooter) on a roadway has all the rights and duties of a vehicle driver, except for special bicycle rules. A driver passing a bicycle must move into the lane to the left when there is more than one lane in that direction and it is reasonably safe, or otherwise pass at a distance of at least 3 feet. Cyclists generally ride as near the right side as practicable, with exceptions such as keeping up with traffic, turning left or avoiding unsafe conditions, and may not ride more than two abreast except on bicycle paths. Passing: https://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec270 ; position: https://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec777 . Bicycle helmet and sidewalk-riding provisions were not found in the portions read. Source: NRS 484B.763, 484B.270, 484B.777 |
| Uber and Lyft insurance | While a rideshare (transportation network company) driver is logged in and available to receive requests but not providing a ride, coverage of at least $50,000 for bodily injury or death of one person, $100,000 for two or more persons, and $25,000 for property damage per accident is required. While the driver is providing transportation services, coverage of at least $1,000,000 for bodily injury, death and property damage is required. Uninsured/underinsured motorist coverage is optional under this section (a policy may include it). Source: NRS 690B.470 |
| Truck safety and insurance rules | Nevada's Department of Public Safety has adopted by reference federal motor carrier safety regulations in 49 CFR (the list begins with Parts 40, 382 and 383) as they existed on February 27, 2018, with the federal minimum driver age rule (49 CFR 391.11(b)(1)) applied only to drivers in interstate transportation, intrastate passenger transport or certain hazardous-materials transport. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9). Federal: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 . |
Construction accidents
| Construction site injuries | Under Nevada's industrial insurance law, the rights and remedies of the workers' compensation chapters are an injured employee's exclusive remedy against the employer. On construction work this protection extends to architects, land surveyors and engineers working for the contractor or owner, and to a project owner that insures the project's workers through a consolidated insurance program. A worker may still sue a third party other than the employer who is liable for the injury, subject to the insurer's lien. No Nevada scaffold-law statute was identified for this entry. Third parties: https://www.leg.state.nv.us/NRS/NRS-616C.html#NRS616CSec215 . Source: NRS 616A.020, 616C.215 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Nevada?
Two years for an action to recover damages for injuries to a person caused by the wrongful act or neglect of another (with exceptions in NRS 11.215 and 11.217). Two years also applies to libel, slander, assault, battery and false imprisonment.
How long do you have to sue for property damage in Nevada?
Three years for taking, detaining or injuring personal property.
What is the statute of limitations for medical malpractice in Nevada?
For injuries or deaths occurring on or after October 1, 2023: within 3 years after the date of injury or 2 years after the patient discovers or reasonably should have discovered the injury, whichever comes first. (For injuries from October 1, 2002 to September 30, 2023, the discovery period was 1 year.) The time is paused while the provider conceals information.
How long do you have to file a wrongful death lawsuit in Nevada?
Two years for an action to recover damages for the death of a person caused by the wrongful act or neglect of another. Wrongful death claims against health care providers follow the medical malpractice deadline in NRS 41A.097.
Who can file a wrongful death lawsuit in Nevada?
The heirs of the person who died (those who would inherit the person's separate property without a will) and the personal representative may each bring an action, and their claims may be joined. Heirs may recover damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and for the decedent's pain, suffering or disfigurement. A person deemed a killer of the decedent is excluded.
Can you recover damages if you were partly at fault in Nevada?
Modified comparative negligence (51% bar). The plaintiff's comparative negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of multiple defendants; the jury finds total damages and each party's percentage of negligence, and damages are reduced accordingly.
Does Nevada cap damages in personal injury cases?
No general cap on compensatory damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (with exceptions), and to claims against the state and local governments ($200,000 per claimant).
Is there a cap on medical malpractice damages in Nevada?
Yes. Noneconomic damages against a health care provider for professional negligence may not exceed the statutory cap, regardless of the number of plaintiffs, defendants or theories. The cap was $350,000 and increases by $80,000 every January 1 from 2024 until it reaches $750,000 on January 1, 2028, then by 2.1% a year from 2029. The Nevada Supreme Court publishes the yearly amounts on its website. Defendants are liable only for their own percentage share.
When can you get punitive damages in Nevada?
Allowed in non-contract cases when proven by clear and convincing evidence that the defendant was guilty of oppression, fraud or malice. Generally capped at three times compensatory damages if those are $100,000 or more, or $300,000 if compensatory damages are less than $100,000. The caps do not apply to cases against makers or sellers of defective products, insurers acting in bad faith, certain housing discrimination cases, hazardous material releases, or defamation. The amount is decided in a separate proceeding, and the jury is not told about the caps. Government awards may not include punitive damages.
How do you file an injury claim against the government in Nevada?
A tort claim against the state should be filed with the Attorney General, and a claim against a city, county or other political subdivision with its governing body, within 2 years after the claim accrues; however, filing the claim is not a condition for bringing a lawsuit. Awards against the state, political subdivisions and their officers or employees may not exceed $200,000 per claimant (not counting interest after judgment) and may not include punitive damages.
What is the minimum car insurance required in Nevada?
Owners of registered vehicles must continuously carry liability insurance of at least $25,000 per person and $50,000 per crash for bodily injury and $20,000 for property damage.
When do you have to report a car accident to the police in Nevada?
If no police officer is at the scene, a driver in a crash that injured or killed someone, or that happened on a highway, must — after stopping, exchanging information and helping the injured — immediately report the crash to the nearest police office or the Nevada Highway Patrol. A driver who damages an unattended vehicle or other property on a highway must immediately notify the nearest police office or the Highway Patrol by the quickest means available (a capable passenger must do it if the driver cannot). Violations are misdemeanors.
Do you have to report a car accident to the DMV in Nevada?
If a crash causes injury or death, or apparent damage of $750 or more to any vehicle or item of property, the driver must send a written or electronic crash report to the Department within 10 days, attaching a repair estimate or total-loss statement for vehicle damage. No driver report is needed if a police officer investigated and the officer's report lists each person's insurance company, policy number and coverage dates. If the driver is physically unable and is not the owner, the owner must report. Willfully failing to report can lead to suspension of driving privileges (generally for 1 year unless the report is received); knowingly giving false information is a gross misdemeanor.
What are your duties after a car accident in Nevada?
A driver in a crash causing injury or death must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked (and surrendered it to police on request), and given reasonable help to anyone injured, including arranging transport for medical care. Leaving the scene of an injury or death crash is a category B felony: 2 to 20 years in state prison and a $2,000–$5,000 fine, with no probation or suspended sentence, and a separate offense for each person hurt or killed. Failing to stop at a property-damage-only crash (with an attended vehicle or property), or failing to find the owner or leave a note after hitting an unattended vehicle or property, is a misdemeanor. If the vehicle is a hazard and can be moved safely, the driver should move it out of traffic lanes first.
How long do you have to file a claim against a city or county in Nevada?
A person with a tort claim against a city, county or other political subdivision should file it with that political subdivision's governing body within 2 years after the cause of action accrues, but filing the claim is not a condition for bringing a lawsuit. The same statute covers claims against the State (filed with the Attorney General). Awards against the State or a political subdivision may not exceed $200,000 (not counting interest from the date of judgment) and may not include punitive damages.
Is a landowner liable for injuries on land used for recreation in Nevada?
An owner, lessee or occupant of land owes no duty to keep the premises safe for people who enter to take part in recreation, or to warn them of hazards, and giving permission does not promise the land is safe. The protection does not cover willful or malicious failure to guard or warn against a dangerous condition, injuries where permission was given for consideration (payments from the State or a local government, and the price of a game tag, do not count), or injuries the permitted users cause to others to whom a duty is owed. Recreation is defined broadly, including hunting, fishing, camping, hiking, winter and water sports, and riding animals, vehicles or bicycles.
Do you have to wear a motorcycle helmet in Nevada?
All riders: the driver and any passenger on a motorcycle or moped on a highway must wear protective headgear securely fastened on the head. They must also wear protective glasses, goggles or a face shield unless the motorcycle has a transparent windscreen meeting state standards. Riders in a parade authorized by a local authority, and certain enclosed three-wheel vehicles and autocycles, are exempt. The statute does not address whether not wearing a helmet affects damages.
Is lane splitting legal in Nevada?
Banned. Except for a police officer on duty, no one may drive a motorcycle or moped between moving or stationary vehicles in adjacent traffic lanes. A motorcycle, moped or trimobile also may not ride abreast of or pass another vehicle within the same lane, except that motorcycles and mopeds may ride up to two abreast in one lane with the drivers' consent.
Who has the right of way, a pedestrian or a driver, in Nevada?
Where traffic-control signals are not in place or not working, a driver must yield, slowing down or stopping if needed, to a pedestrian crossing in a crosswalk. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. A pedestrian violation of these rules is not a misdemeanor; it carries a civil penalty of up to $100.
What are the bicycle laws in Nevada?
A person riding a bicycle (or electric bicycle or scooter) on a roadway has all the rights and duties of a vehicle driver, except for special bicycle rules. A driver passing a bicycle must move into the lane to the left when there is more than one lane in that direction and it is reasonably safe, or otherwise pass at a distance of at least 3 feet. Cyclists generally ride as near the right side as practicable, with exceptions such as keeping up with traffic, turning left or avoiding unsafe conditions, and may not ride more than two abreast except on bicycle paths.
What insurance must Uber and Lyft drivers have in Nevada?
While a rideshare (transportation network company) driver is logged in and available to receive requests but not providing a ride, coverage of at least $50,000 for bodily injury or death of one person, $100,000 for two or more persons, and $25,000 for property damage per accident is required. While the driver is providing transportation services, coverage of at least $1,000,000 for bodily injury, death and property damage is required. Uninsured/underinsured motorist coverage is optional under this section (a policy may include it).
What safety and insurance rules apply to trucks in Nevada?
Nevada's Department of Public Safety has adopted by reference federal motor carrier safety regulations in 49 CFR (the list begins with Parts 40, 382 and 383) as they existed on February 27, 2018, with the federal minimum driver age rule (49 CFR 391.11(b)(1)) applied only to drivers in interstate transportation, intrastate passenger transport or certain hazardous-materials transport. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).
Can you sue for a construction accident in Nevada?
Under Nevada's industrial insurance law, the rights and remedies of the workers' compensation chapters are an injured employee's exclusive remedy against the employer. On construction work this protection extends to architects, land surveyors and engineers working for the contractor or owner, and to a project owner that insures the project's workers through a consolidated insurance program. A worker may still sue a third party other than the employer who is liable for the injury, subject to the insurer's lien. No Nevada scaffold-law statute was identified for this entry.
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