A personal injury claim in Nevada can deliver justice to an injured accident victim by providing the individual with financial compensation (or damages) to make him or her whole again. Like many states, Nevada has caps, or limits, on certain damages. Knowing these caps can help you gain a more accurate understanding of how much your claim could be worth.
No Caps on Most Personal Injury Damages
Typically, Nevada does not cap damages on general personal injury claims, such as car accidents or slip and falls. Full financial compensation is allowed for economic and non-economic damages in these cases. This includes the victim’s medical bills, property damage, lost wages and other compensatory damages.
Most damages awarded in personal injury cases in Nevada do not have limitations, meaning a victim can receive full reimbursement and beyond for serious injuries. However, there are a few exceptions in certain situations.
Caps on Medical Malpractice Non-Economic Damages
In medical malpractice cases in Nevada, non-economic damages are currently capped at $510,000. This is the amount as of 2025, and is adjusted each year for inflation. Starting in 2029, this cap will increase by 2.1 percent annually.
This cap only applies to pain and suffering damages, not economic losses. There is no cap on the amount a victim can receive in damages for medical costs, lost wages and other financial losses. The $510,000 cap applies per incident, regardless of the number of plaintiffs or defendants involved.
Caps on Claims Against Government Entities
Personal injury claims that are brought against government entities in Nevada abide by a different set of rules under the state’s Tort Claims Act. This includes a cap that is imposed on all damages, economic and non-economic, if a case is brought against the state, county or local government. If a negligence case is brought against a government agency or one of its employees in Nevada, damages are capped at $200,000 per plaintiff. In addition, no punitive damages may be awarded.
Punitive Damage Limits in Nevada
Punitive damages are granted only in personal injury cases in Nevada where it can be proven by the plaintiff using clear and convincing evidence that the defendant acted with especially egregious conduct. Nevada Revised Statutes § 42.005states that the defendant must be guilty of “oppression, fraud or malice, express or implied” for a plaintiff to be awarded punitive damages.
In Nevada, punitive damages are capped in one of the following ways:
- Three times the amount of compensatory damages, if the compensatory damages total $100,000 or more.
- No more than $300,000 if the total compensatory damages are less than $100,000.
There are exceptions to the punitive damage cap in cases involving driving under the influence (DUI) accidents, insurance bad faith, defective products (product liability) and intentional harm (assault, homicide, etc.). In these situations, the cap is lifted, meaning a jury can award as much as they want in punitive damages to the victim.
Know the Limits Before You File
Nevada’s damage caps can reduce a plaintiff’s maximum available recovery in certain claims and for specific types of damages. This knowledge is important when evaluating how much a case is worth and determining a litigation strategy. Work with a Las Vegas personal injury attorney to successfully navigate the state’s damage caps and maximize your claim as much as possible. Edward Bernstein & Associates offers free initial case consultations.