General FAQs
Common Personal Injury FAQs in Nevada
To have a valid medical malpractice case, you must prove:
- A doctor-patient relationship existed
- The healthcare provider breached the standard of care (was negligent)
- The breach directly caused your injury
- You suffered damages and have evidence (medical bills, lost wages, pain and suffering).
Not every bad outcome is malpractice—complications can occur even with proper care. Get your free consultation with our expert medical malpractice attorney in Las Vegas (702) 637-3333.
The statute of limitations is one of the first concerns. In Nevada, you generally have 4 years from the date of injury or 2 years from when you discovered (or should have discovered) the malpractice, whichever comes first. There are exceptions for minors and specific circumstances, so consulting an attorney immediately is critical.
Values depend on medical records review, expert opinions, damages, and defendant responses—making early estimates difficult. Contact one of the top personal injury lawyers for a free case review (702) 637-3333.
Nevada law specifies a strict hierarchy for who has the right to file a wrongful death claim under NRS 41.085. The personal representative of the deceased’s estate typically files on behalf of the estate, while heirs (those entitled to inherit) can file individual claims for their losses. This includes:
- Surviving spouse or domestic partner (first priority)
- Children of the deceased
- Parents (if no spouse or children exist)
- Siblings (only if no spouse, children, or parents)
The personal representative is often named in the will, but if none exists, the court can appoint one.
In Nevada, you have two years from the date of death to file a wrongful death lawsuit, not from the date of the incident that caused the death (NRS 11.190). For example, if a medical error occurred three years ago but your loved one passed away one year ago, you still have one more year to file. Missing this deadline typically means losing your right to compensation permanently, so it’s critical to consult an attorney as soon as possible. Special exceptions may apply in cases involving fraud, government entities, or plaintiffs with disabilities.
Want more legal guidance? Consult with John Bemis, a compassionate wrongful death attorney in Las Vegas who’ll fight for justice (702) 637-3333.
A catastrophic injury is one that results in permanent disability, long-term impairment, or significant life-altering consequences that prevent you from returning to your previous quality of life. These injuries typically require extensive medical treatment, ongoing care, and often mean you can no longer work or perform daily activities independently. Common catastrophic injuries we handle in Las Vegas include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries resulting in paralysis or paraplegia
- Severe burns requiring multiple surgeries and skin grafts
- Amputations or loss of limbs
- Multiple fractures causing permanent mobility issues
- Organ damage or failure
- Severe vision or hearing loss
Unlike minor injuries that heal within weeks or months, catastrophic injuries fundamentally change your life and future earning capacity, which is why these cases involve significantly higher compensation for medical expenses, lost wages, future care needs, pain and suffering, and loss of quality of life.
Your actions right after a car crash can significantly impact your health, safety, and ability to recover compensation. Here’s what you need to do:
At the scene:
- Stop and stay: Nevada law requires you to remain at the scene of any accident involving injuries or significant property damage—leaving can result in criminal charges.
- Call 911: Report the accident immediately, especially if anyone is injured or there’s substantial vehicle damage. A police report is critical for your insurance claim and legal case.
- Check for injuries: Assess yourself and others for injuries and move to safety away from traffic if possible.
- Document everything: Take photos and videos of all vehicles, damage, skid marks, road conditions, traffic signs, injuries, and license plates. Collect names and contact information from witnesses.
- Exchange information: Get the other driver’s name, insurance details, license plate, and contact information—but don’t admit fault or apologize, as statements can be used against you.
After leaving the scene:
- Seek medical attention immediately, even if you don’t feel injured—many serious injuries like whiplash, concussions, or internal damage don’t show symptoms right away, and gaps in treatment can hurt your claim.
- Notify your insurance company but avoid giving recorded statements or accepting quick settlement offers without consulting an attorney first.
- Contact us at Bemis Law Group, with an expert Las Vegas car accident lawyer to protect your rights and maximize your compensation, especially if injuries are serious or fault is disputed. Call (702) 637-3333.
Nevada is a fault-based state, meaning the driver who caused the accident is legally and financially responsible for all damages, including medical bills, lost wages, vehicle repairs, and pain and suffering. Insurance companies determine fault by reviewing police reports, witness statements, photos, traffic violations, and medical records.
Nevada uses a modified comparative negligence rule (NRS 41.141), which means you can still recover compensation even if you were partially at fault—as long as you are less than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
Example: If you’re found 20% at fault and your total damages are $100,000, you can recover $80,000 (reduced by your 20% share). But if you’re 50% or more at fault, you cannot recover anything from the other driver.
Hiring an experienced Las Vegas car accident attorney at Bemis Law Group is crucial—we investigate the car crash, gather evidence, challenge unfair fault determinations, and fight to minimize your percentage of responsibility so you can recover the maximum compensation you deserve.
Under Nevada premises liability law, property owners have a legal duty to maintain reasonably safe conditions for visitors and must address or warn about known hazards. However, not every accident on someone’s property creates liability—you must prove four key elements:
The property owner is liable when:
- A dangerous condition existed: Wet floors, broken stairs, poor lighting, uneven pavement, ice, or other hazards.
- The owner knew or should have known: They were aware of the hazard (or it existed long enough that they should have discovered it) and failed to fix it or warn visitors.
- The hazard caused your injuries: Your fall or injury would not have happened but for the unsafe condition.
- You suffered actual damages: Medical bills, lost wages, pain and suffering, or other measurable harm.
Common examples in Las Vegas include:
- Slip and falls on wet casino or hotel floors without warning signs
- Injuries from broken stairs, loose railings, or poorly lit parking lots
- Accidents caused by hazards in common areas of apartment buildings (hallways, pools, sidewalks) where landlords failed to maintain safety
Property owners are not automatic insurers of safety—if you were distracted, trespassing, or the hazard was open and obvious but you ignored it, liability may be reduced or eliminated. An experienced Las Vegas premises liability attorney at Bemis Law Group will investigate whether the property owner acted reasonably and prove their negligence caused your harm. Call for a free consultation at (702) 637-3333.
If you’re injured on someone else’s property due to their negligence, Nevada law allows you to recover both economic and non-economic damages to make you whole again. The compensation you receive depends on the severity of your injuries, the property owner’s level of negligence, and the impact on your life.
Economic damages (quantifiable financial losses):
- Emergency medical bills and ambulance costs
- Ongoing and future medical expenses, including surgeries, hospital stays, and medications
- Physical therapy and rehabilitation costs
- Lost wages during your recovery period
- Loss of future earning capacity if your injuries prevent you from returning to work
- Property damage (damaged phone, clothing, or belongings at the time of the accident)
Non-economic damages (subjective losses):
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life and lifestyle changes
- Permanent disability, scarring, or disfigurement
Punitive damages:
In cases involving gross negligence, willful misconduct, or repeated safety violations by the property owner, Nevada courts may award punitive damages to punish the defendant and deter similar behavior.
Nevada does not cap non-economic damages in premises liability cases, unlike some other states, which means you can recover full compensation for your pain and suffering. Your Las Vegas premises liability attorney will calculate your total damages using medical records, bills, pay stubs, expert testimony, and the multiplier method (typically 1.5 to 5 times your economic damages based on injury severity).
A medical lien is a legal claim that allows a healthcare provider or insurance company to be repaid from your personal injury settlement for treatment they provided or paid for.
How it works:
When you’re injured (car crash, slip and fall, medical malpractice, etc.) and can’t afford treatment upfront, some doctors and hospitals agree to treat you “on a lien,” meaning they defer payment until your case settles. They serve the lien to legally secure their right to be paid from your settlement. When your case resolves, the lien is paid directly from the settlement proceeds before you receive your share. Your attorney negotiates to reduce lien amounts when possible to maximize what you keep.
Common types:
- Health insurance liens: Your insurer (private, Medicare, Medicaid) pays for treatment, then seeks reimbursement from your settlement.
- Hospital/provider liens: Medical providers treat you on credit and get paid from your settlement.
Medical liens help you access necessary care without upfront costs, but they reduce your final settlement amount. During your free case review, the attorney, John Bemis, Esq., can explain medical liens, any deficiencies in a person’s coverage, review other policy details, and advise you on how to protect yourself moving forward. Call (702) 637-3333.
During your free case review with the attorney, John Bemis, Esq., you’ll explain your accident and injuries: describe how the injury occurred, who was involved, the extent of your injuries, and any medical treatment you’ve received.
The attorney reviews the details, evaluates the strength of your claim by considering liability, damages, and available evidence, and provides an honest evaluation of your chances of success.
John explains your rights, potential legal options (like filing a lawsuit, negotiating a settlement, or pursuing an insurance claim), and the best course of action. He can also explain deficiencies in a person’s coverage, review other policy details, and advise you on how to protect yourself moving forward.
The free consultation is your opportunity to learn about the attorney’s experience with similar cases, their fee structure (contingency—no win, no fee), expected timeline, and how they would handle your case.
You can assess the lawyer’s communication style, expertise, and professionalism to determine if you want to work with them.
What to bring:
Gather relevant documents like police reports, medical records, photos of the scene or injuries, and insurance information, and write down a timeline of events and any questions you have.
Call (702) 637-3333
Nevada’s minimum auto insurance liability limits are $25,000 per person / $50,000 per accident for bodily injury and $20,000 for property damage (also called 25/50/20 coverage). However, these minimums are often not enough to cover serious accidents, and experts strongly recommend purchasing higher liability coverage.
Minimum limits don’t cover serious injuries: medical bills, lost wages, and pain and suffering from a major accident. For example, if you cause a car accident and someone’s damages total $80,000, your $25,000 policy pays out, but you’re personally responsible for the remaining $55,000.
Higher coverage also protects your assets: if you have savings, a home, or other assets, higher liability coverage (such as $100,000 per person / $300,000 per accident or more) shields you from lawsuits and financial ruin if you cause a serious crash.
In accidents involving several injured people, Nevada’s $50,000 per-accident limit can be split among all claimants, meaning each person may receive far less than $25,000. Higher limits ensure adequate compensation for everyone injured.
Recommended coverage levels:
Attorneys and insurers suggest liability limits of at least $100,000 per person / $300,000 per accident (100/300 coverage) to align with real-world medical and legal costs. Some drivers with significant assets opt for even higher limits or add an umbrella policy for extra protection.
Uninsured/underinsured motorist (UM/UIM) coverage protects you and your passengers when you’re hit by a driver who has no insurance or not enough insurance to cover your injuries and damages. While it’s optional in Nevada, it’s highly recommended because it ensures you’re covered even when the at-fault driver isn’t.
UM/UIM steps in to cover your medical expenses, lost income, pain and suffering, and even hit-and-run crashes when the at-fault driver can’t be identified. Experts recommend purchasing UM/UIM limits that match or exceed your liability coverage (like $100,000/$300,000) to ensure you’re fully protected when the other driver isn’t.