A few key laws in Nevada regarding personal injury claims can make or break a case. Plaintiffs should have a clear understanding of the following laws and how they may impact their case:
Time Limit to File a Claim
One of the most important laws regarding car accident claims in Nevada is the statute of limitations. This is the deadline by which a lawsuit must be filed. A car accident lawyer can explain that in most cases, a plaintiff has two years from the date of the accident to file a lawsuit. If the lawsuit is not filed in time, the defendant can move to dismiss the case based on the expiration of the statute of limitations. Car accident victims should usually file their insurance claims quickly to avoid running into problems with the statute of limitations.
Modified Comparative Fault
Many car accidents are caused by a combination of factors involving two or more drivers. When more than one driver is partially to blame, the insurance companies attempt to assign a percentage of fault for each driver. The victim’s amount of damages are reduced based on his or her own degree of fault. For example, if he is determined to be 20 percent at fault and suffered $100,000 of medical expenses, property damage, lost income and other expenses, his or her maximum amount of compensation would be $80,000. As long as the victim is 49 percent or less at fault, he or she can still recover some of the damages he or she suffered. If the insurance company or a jury finds that the victim was 50 percent or more at fault, he or she would not be able to receive any compensation for the accident. A car accident lawyer can review the circumstances of the case and determine a range of compensation that might be available for the claim.
Nevada law requires vehicle owners to maintain liability coverage. This coverage helps pay for property damage and any personal injuries that are caused by the insured driver’s actions. Mandatory minimum liability insurance requirements in Nevada include:
- $15,000 for personal injuries for one individual in the accident
- $30,000 per accident when more than one individual is hurt in the accident
- $10,000 for property damage for the other driver’s vehicle or other property damage
Insurance claims should be filed against the at-fault driver’s insurance company.