Nevada Personal Injury Law
Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.
- Personal Injury – 2 years from the discovery of the your injury
- Damage to Personal Property – 3 years
- Medical Malpractice – 3 years
- Legal Malpractice – The earlier of 4 years or 2 years after discovery
- Other Professional Malpractice – 4 years from the end of service, or 2 years after discovery
Where to Sue:
- Personal injury claims under $5,000–Nevada Small Claims Court (a division of each Nevada Justice Court)
- Personal injury claims between $5,000-$10,000-Nevada Justice Court
- Personal injury claims over $10,000-Nevada District Court
How to Sue:
Small Claims Court:
- Forms: Affidavit of Complaint; Summons and Order to Appear. Each county Nevada Justice Court has its own county specific small claims form for the Affidavit of Complaint which can be obtained from the clerk of that court.
- Where to file: In the Nevada Small Claims Court where the defendant lives or does business. Bring two copies of the Affidavit of Complaint to the Nevada Small Claims Court clerk. The clerk will keep the original.
- How to notify the defendant (service): A law enforcement officer or any person over age 18 must personally serve the defendant with the Affidavit of Complaint. Service by regular or certified mail is not permitted in small claims actions.
- Proving the defendant was notified: The person serving the defendant with the Affidavit of Complaint should file an Affidavit of Service with the Nevada Small Claims Court clerk in the county where the plaintiff filed his suit. The Affidavit of Service must show that the defendant was served at least 10 days prior to the hearing date.
- Attorneys: Representation by a lawyer in Nevada Small Claims Court is permissible.
- Appealing a small claim: Plaintiff or defendant can appeal to a Nevada District Court for a review of law within 5 days of the judgment.
Nevada Justice Court: Filing a personal injury suit can be a complicated process. If you file the case incorrectly, you risk having your case dismissed, losing your case, or being fined by the court. Consult with a Nevada personal injury lawyer before you file your case to avoid these results.
- Forms: Nevada Civil Complaint; Summons (Form JC-5). These forms are court specific and can be obtained from the Nevada Justice Court in the county where you intend to file your case.
- How to File: Complete and give your Nevada Civil Complaint and Summons forms to the clerk of the Nevada Justice Court where the defendant resides or does business. Pay the filing fee. Filing fees differ depending on the county and the type of case.
- How to Notify the Defendant: A sheriff or a person over the age of 18 should personally hand the defendant the Nevada Civil Complaint and Summons and promptly file an Affidavit of Service with the clerk of the Nevada Justice Court where the plaintiff filed his case.
What to Do if You Are Being Sued:
- Time to respond to a Summons in Nevada: 20 days.
- Prior to responding to the Summons, discuss your case with a personal injury attorney who can give you advice on your response.
- In addition, inform your insurance company if the injury occurred at your residence or place of employment. Legal representation may be provided by your insurance company if your insurance policy covers the plaintiff's claim.
What to Do if a Judgment Was Entered Against You:
If you do not reply to a Nevada Civil Complaint and Summons within 20 days of being served, the court may enter a default judgment against you. This means that plaintiff wins, by default, and you must pay the amount of damages he seeks in his Civil Complaint. Setting aside a default judgment can be a complicated process, and an attorney can best guide you through this process.
- Time to Set Aside a Judgment in Nevada:
- A Nevada court can set aside a judgment for mistake, inadvertence, surprise, misrepresentation or misconduct by an adverse party, fraud or newly discovered evidence not more than 6 months after entry of the judgment
- A Nevada court can set aside a default judgment if the defendant has not been properly served within 6 months of entry of a default judgment
- A Nevada court can set aside a void judgment if the motion to set aside the judgment was made in a reasonable amount of time
Ways to Collect Your Judgment:
- After you win your Nevada personal injury law suit, you are responsible for collecting your money judgment. Sometimes defendants refuse to pay. If the defendant does not pay, you may request that the court garnish the defendant's wages, or put a lien on the defendant's property. You should ask a Nevada debt collection attorney for help in collecting your judgment.