If you've been hurt in a car crash, slip and fall, or other accident in Reno, you may be trying to understand what a personal injury attorney actually does — and how the legal process in Nevada typically unfolds. This page explains how personal injury claims generally work, what factors shape outcomes, and where Nevada law fits into the picture.
Personal injury law applies when someone suffers harm because of another person's or entity's negligence. Common scenarios include:
In each situation, the injured person — the plaintiff — typically must show that someone else owed them a duty of care, breached that duty, and caused measurable harm as a result.
Nevada operates under an at-fault (tort-based) insurance system, which means the driver or party responsible for causing the accident is generally responsible for covering the resulting damages. This is different from no-fault states, where each driver's own insurance pays their medical bills regardless of who caused the crash.
In Nevada, the injured party typically files a third-party claim against the at-fault driver's liability insurance — or pursues a lawsuit if a settlement can't be reached.
Nevada also follows modified comparative negligence, with a 51% bar rule. This means:
| Fault Percentage | Effect on Recovery |
|---|---|
| 0–50% at fault | Can recover damages, reduced proportionally |
| 51% or more at fault | Barred from recovering damages |
If an adjuster or jury finds you were 30% responsible for an accident, your compensation would typically be reduced by 30%. Fault percentages are often disputed, and the final determination can significantly affect what's recoverable.
Personal injury claims in Nevada can potentially include compensation for several categories of loss:
Nevada does not cap compensatory damages in most personal injury cases, though specific rules apply in medical malpractice claims. The severity and documentation of injuries typically drives how these amounts are calculated — which is why consistent medical treatment and thorough records matter throughout the process.
Nevada requires drivers to carry minimum liability coverage, but those limits don't always cover serious injuries. Additional coverage types that often come into play include:
Coverage availability and limits vary by policy. What your own insurance covers — and what the other party's insurance owes — depends on the specific policies involved.
Most personal injury attorneys in Nevada take cases on a contingency fee basis. That means the attorney's fee is typically a percentage of the final settlement or court award — often somewhere in the range of 33–40%, though this varies by firm, case complexity, and whether the matter goes to trial. If no recovery is made, the client generally doesn't owe attorney fees.
What an attorney typically handles in a personal injury claim:
Subrogation is another factor attorneys often navigate — if your health insurer paid medical bills after an accident, they may have a right to be reimbursed from any settlement. Understanding and negotiating these liens can affect how much of a settlement the injured person actually receives.
Nevada sets a deadline — called the statute of limitations — for filing a personal injury lawsuit. Missing this deadline generally means losing the right to pursue compensation through the courts. The timeframe in Nevada for most personal injury claims is two years from the date of injury, though exceptions exist depending on the circumstances, who the defendant is (such as a government entity), and when the injury was discovered.
These deadlines apply regardless of whether settlement negotiations are ongoing.
The post-accident process typically moves through several stages:
Timelines vary widely. Minor claims may resolve in weeks. Cases involving serious injuries, disputed liability, or large insurers can take a year or more. 📋
No two personal injury cases in Reno — or anywhere — produce the same result. The key variables include:
How these factors interact in any individual situation is something that can't be assessed from general information alone.
