Nevada, with its casinos and deserts alike, is no stranger to negligence and personal injury cases. Car accidents happen along the Las Vegas Strip, and then it's a game in figuring out whose insurance covers what, who was actually liable, and more. Maybe it was you who had an accident, or maybe it was a friend or family member. Whatever happens, if you need guidance for your personal injury case, Enjuris has the answers.
Nevada Personal Injury Cases & Accident Info
Nevada statutes online
This is where you’ll find Nevada's revised statutes. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
In Nevada, you have two years to bring a personal injury and three years to bring a property damage claim. That means you have only two years to file your paperwork with the court, not that your case has to be completed in that time frame.
The first meeting with a personal injury attorney is normally free. (Note that other legal specialties, such as real estate law or intellectual property law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward or settlement, plus whatever office expenses they incur along the way.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
Nevada has one of the biggest case backlogs in the entire country. Why? Because it has no intermediate appellate court, which means that whenever a case is appealed – personal injury, probate, marital, whatever – it goes right to the state supreme court. However, these are some cases of legal significance that came out of those courts:
Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004): Hiibel was pulled over on the side of the road with his daughter when a police officer stopped, suspicious, because they had received a report of a man who had assaulted a young woman. When the officer asked Hiibel for his identification, stating that he was "conducting an investigation," he refused and was arrested. After being fined $250, Hiibel appealed to the highest court, which stated that since he had been asked for nothing more than his name, his right to privacy had not been invaded (Fourth Amendment) and he was not incriminating himself (Fifth Amendment).
Chen v. Nevada State Gaming Control Board, 116 Nev. 282 (2000): This case was a victory for Nevada's card counters. The defendant used a false identity to gain access to the blackjack table, where he won $40,400. The Monte Carlo casino seized his chips when they realized who he was, as his picture was in the books as someone they should not let play. The issue of his false identity was not before the court; the seizure of the chips was. Checking identification at the club was not to see if the person was a card counter, but rather for internal compliance purposes. As such, the casino did not rely on the identification to their detriment, and that was not the proximate cause (AKA the legal cause) of their damages. Secondly, the defendant's skill in blackjack, not his misidentification, was the proximate cause of his winnings. Thus, he did not fulfill all the elements of fraud upon the casino.
MDC Restaurants, LLC et al v. The Eighth Judicial Dist. Court, 132 Nev. Op. 761 (2016) and Perry v. Terrible Herbst, Inc., 132 Nev. Advance Op. 75 (2016): These two cases were decided at the same time by the Nevada Supreme Court. The most important takeaways here are that they both involve the Minimum Wage Act in the state and that the Act's direction to "provide" health insurance requires employers to offer health insurance, not automatically enroll employees in that insurance; also, a two-year statute of limitations applies to the MWA. When employers calculate the cost of insurance premiums for employees, they may not factor tip income. This was hugely important to restaurant employees in the state, and it was retroactive to the inception of the MWA.
There are many issues you can solve without the help of an attorney, surprisingly enough. If you don't know where to begin, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.