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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Accidents happen unexpectedly, and when they do, they can lead to significant physical, emotional, and financial burdens. In Las Vegas, individuals who suffer injuries due to someone else’s negligence have the legal right to seek compensation. Personal injury law covers a wide range of incidents, from car accidents to medical malpractice, each with its own legal considerations and compensation options.
This guide explores the most common types of personal injury claims in Las Vegas, the compensation available, and the legal processes involved in pursuing a claim.
Car accidents are among the most frequent causes of personal injury claims in Las Vegas. Factors such as distracted driving, speeding, and driving under the influence contribute to these incidents.
Nevada follows a modified comparative negligence rule, in which compensation may be reduced to some extent if the injured party is found partially at fault.
Under NRS 41.141, Nevada follows a modified comparative negligence rule. This rule means victims can recover compensation as long as they are less than 51% at fault. However, their compensation is reduced based on their percentage of fault.
Victims of car accidents can seek compensation for medical expenses, lost wages, vehicle repairs, and pain and suffering.
Due to the size and weight of commercial vehicles, truck accidents often result in severe injuries. These cases can involve multiple liable parties, including truck drivers, trucking companies, and manufacturers.
Federal regulations, such as hours-of-service rules, govern the trucking industry, and violations can lead to negligence claims. Due to the catastrophic nature of their injuries, truck accident victims may be entitled to higher compensation.
Motorcyclists face unique risks on Las Vegas roads. Due to their exposure, riders are more prone to severe injuries during collisions. Nevada requires motorcyclists to wear helmets under NRS 486.231, which can impact injury claims.
Common causes of motorcycle accidents include:
Pedestrians are at high risk in areas with heavy traffic, such as the Las Vegas Strip. Nevada’s right-of-way laws protect pedestrians, but accidents still occur due to driver negligence.
Victims of pedestrian accidents may suffer extensive injuries, including fractures, head trauma, and spinal damage. Compensation typically covers medical bills, rehabilitation, and lost income.
Property owners have a legal duty to maintain safe premises for visitors. If a hazardous condition, such as a wet floor or broken staircase, causes an injury, the victim may file a premises liability claim.
To establish liability, the injured party must prove:
Employees injured on the job are typically covered by Nevada’s workers’ compensation system, which provides benefits regardless of fault. However, in cases where third-party negligence contributed to the injury, the worker may pursue additional compensation.
Nevada’s workers’ compensation system operates on a no-fault basis, meaning injured workers are entitled to benefits regardless of who was at fault. However, they cannot sue their employer unless gross negligence is proven.
Medical malpractice occurs when a healthcare provider’s negligence leads to patient harm.
Common examples include:
Nevada imposes a cap on non-economic damages in medical malpractice cases.
As per NRS 41A.035, Nevada law limits non-economic damages (such as pain and suffering) in medical malpractice cases to $350,000, regardless of the number of defendants.
When negligence leads to a fatality, surviving family members may file a wrongful death claim.
Damages in these cases may include:
Only certain relatives, such as spouses and children, are eligible to file a wrongful death lawsuit.
Defective products can cause serious injuries, leading to product liability claims. Manufacturers, distributors, and retailers can be held accountable if a product is found to be defective in:
Victims of personal injury claims in Nevada may be entitled to various forms of compensation, including:
Nevada law generally caps punitive damages at three times the amount of compensatory damages if the award exceeds $100,000 or $300,000 if compensatory damages are less than $100,000 (NRS 42.005). However, exceptions exist for cases involving DUI or intentional harm.
Nevada’s statute of limitations for personal injury lawsuits is two years from the date of injury (NRS 11.190).
To succeed in a personal injury claim, the plaintiff must prove:
Most personal injury claims are resolved through settlements. However, if disputes arise over liability or compensation, cases may proceed to trial.
Economic damages cover financial losses like medical expenses, while non-economic damages include pain and suffering.
Nevada’s statute of limitations is two years from the date of injury (NRS 11.190).
Yes, under Nevada’s modified comparative negligence rule, compensation will be reduced based on the share of fault assigned to you.
Under Nevada’s Tort Claims Act (NRS 41.031), claims against government entities follow different procedures and shorter deadlines.
No, punitive damages are only awarded in cases of extreme negligence or intentional misconduct.
Personal injury claims in Las Vegas vary widely, from auto accidents to medical malpractice. Understanding Nevada’s legal framework, including comparative negligence rules and compensation limits, is crucial when pursuing a claim.
At Gina Corena & Associates, our experienced legal team is dedicated to fighting for your rights and the compensation you deserve. We understand the complexities of personal injury law in Nevada and are committed to guiding you every step of the way.
Take the first step toward justice—contact us today to learn how we can help you pursue your claim. Your recovery is our priority.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
