Nevada Personal Injury Laws

Q: What is Nevada's law on periodic payment of future damages?

For future damages exceeding $50,000, the court may order periodic payments rather than a lump sum. (NRS 42.021)

Nevada follows a modified comparative fault system with a 51% bar — you can recover only if your fault is less than 51%. The statute of limitations for personal injury is 2 years. Nevada has no cap on non-economic damages in general PI cases (only medical malpractice). Punitive damages are capped at 3x compensatory damages (or $300,000 if compensatory is under $100,000). Nevada is a fault-based auto insurance state with 25/50/20 minimums.

Last verified: 2026-02-25

Statute of Limitations

2 yearsNRS 11.190(4)(e)

Personal injury actions must be filed within 2 years of the date of injury.

Exceptions

Property Damage — 3 yearsNRS 11.190(3)(c)

Actions for taking, detaining, or injuring personal property must be filed within 3 years.

Wrongful Death — 2 years from date of deathNRS 41.085(4)

Wrongful death claims must be filed within 2 years of the date of death, not the date of injury causing death.

Discovery Rule — 2 years from discoveryNRS 11.190

Nevada recognizes the discovery rule, which may toll the statute of limitations when the injury could not reasonably have been discovered earlier.

Minors — Tolled until age 18NRS 11.250

The statute of limitations is tolled for minors until they turn 18.

Fault & Liability Rules

Modified Comparative Fault (51% Bar)NRS 41.141

A plaintiff can recover only if their fault is less than 51%. Damages are reduced by the plaintiff's percentage of fault. Nevada imposes several liability — each defendant pays only their proportionate share of fault.

Damage Caps

Non-Economic Damages: No cap

Nevada does not cap non-economic damages in general personal injury cases. Caps apply only in medical malpractice (NRS 41A.035).

Punitive Damages (Compensatory >= $100,000): 3x compensatory damagesNRS 42.005(1)(a)

Punitive damages are capped at 3 times compensatory damages when compensatory damages are $100,000 or more. Requires clear and convincing evidence of oppression, fraud, or malice.

Punitive Damages (Compensatory < $100,000): $300,000NRS 42.005(1)(b)

When compensatory damages are less than $100,000, punitive damages are capped at $300,000. Cap does not apply to defective product manufacturers, bad faith insurers, or toxic material cases.

Auto Insurance System

Fault (Tort)NRS 485.185

Nevada is a fault-based auto insurance state. Minimum liability coverage is 25/50/20 ($25,000 per person, $50,000 per accident for bodily injury, $20,000 for property damage).

Key Nevada Statutes

Several Liability (No Joint and Several)NRS 41.141

Nevada imposes several liability — each defendant pays only their proportionate share of fault, not the full amount of damages.

Periodic Payment of Future DamagesNRS 42.021

For future damages exceeding $50,000, the court may order periodic payments rather than a lump sum.

Official Sources

Nevada Legislature — NRS Chapter 11 Nevada Legislature — NRS Chapter 41

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Nevada Legislature — NRS Chapter 11. For advice about your specific situation, consult a licensed attorney.

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