Category: Pain and Suffering

Understanding Nevada Personal Injury Damage Caps

Understanding Nevada Personal Injury Damage Caps

Generally, Nevada has no law that places a damage cap on the amount a person can recover in car repairs, medical bills, lost wages, and similar damages in most personal injury cases. However, exceptions exist for medical malpractice cases and government employees found negligent while carrying out their duties.

The law caps damages against a public employee to $10,000. In addition, Nevada does have caps on damages in two specific situations. There is a $350,000 cap on damages for pain and suffering as well as limits to punitive damages. This cap is $300,000 if the damages total less than $100,000 or three times the amount of damages if the damages are over $100,000.

Do Nevada Injury Cases Have an Economic Damages Cap?

The short answer is no. There isn’t a cap on what someone can try to recover for the purposes of economic damages. Economic damage awards consider past and future costs for expenses like lost wages, lost earning capacity, medical expenses, occupational and physical therapy, property damage, and short and long-term care.

You may also hear economic damages called special damages or pecuniary damages. Along with non-economic damages, such as pain and suffering, economic damages are part of the compensatory damages in a personal injury case in Nevada

Are There Caps on Pain and Suffering Damages?

No, although an exception is made in medical malpractice cases. Recovery of non-economic damages is allowed in personal injury cases. These may also be called general damages. However, these damages can be hard to attach a dollar amount to. They can include compensation for the following:

  • Pain and suffering
  • Disfigurement and scarring
  • Loss of enjoyment of life
  • Inconvenience
  • Loss of function of a limb or another body party

No caps exist except in claims of medical malpractice, which we explain below.

Do Caps Exist for Pain and Suffering in a Medical Malpractice Case?

There are caps on non-economic damages in a medical malpractice case. The cap exists at $350,000 and is in place no matter how many people are liable for an injury. This cap was created in 2004 as a part of the Keep Our Doctors in Nevada ballot initiative. It applies to any cases related to the negligence of healthcare providers, like nurses, doctors, and hospitals.

What Punitive Damage Caps Exist in Nevada?

In most personal injury cases in Nevada, medical malpractice and otherwise, the cap on punitive damages is as follows:

  • $300,000 if the compensatory damages provided to the individual equal less than $100,000.
  • If the damages are more than $100,000, the cap is set at three times the amount of an individual’s damages in a lawsuit.

However, there are some exceptions here, too. For example, there will be no caps in the following situations:

  • Cases where a car or other vehicle accident has been caused by a driver who chose to consume drugs, alcohol, or both.
  • When a defective product was distributed, manufactured, or sold in Nevada.
  • Situations that involve a violation of state civil defamation laws.
  • Cases that show an insurer acted in bad faith concerning its requirement to provide insurance coverage.
  • Situations where injuries or damages were created through the disposal, emission, or spilling of hazardous, toxic, or radioactive waste or substances.
  • Specific violations of a federal or state law about the prohibition of discriminatory housing practices.

In each of these situations, no cap is applied to the punitive damages allowed in a Nevada personal injury case.

Experienced Representation Can Help You Win Your Case

Suppose you have been injured in an accident or as a result of using a dangerous product, a hotel accident, or a slip and fall accident. You will need the help of an experienced car accident and personal injury attorney in Nevada. This expert can help you determine your options and help you get the compensation you should obtain for your injuries. Reach out to use to learn more and receive a free consultation.