How a Delay in Seeking Medical Treatment Affects Personal Injury Claims in Nevada

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Imagine you slip on a wet floor in Reno and suffer a back injury on March 1. You wait three months before visiting a doctor. Under Nevada law, that delay can significantly reduce the value of your personal injury claim.

First, opposing counsel will question whether your injury truly stems from the accident. They may argue your symptoms arose later or resulted from another event. Delayed treatment weakens the link between the incident and your medical condition.

Second, Nevada law imposes a duty to mitigate damages. You must seek reasonable care to limit your injury’s severity. If you delay, the defense can claim you failed this duty and ask a judge or jury to lower your compensation accordingly.

Third, credibility matters at settlement and trial. Prompt treatment records—doctor’s notes, X-rays, physical therapy—help establish both injury severity and causation. A gap in treatment creates an opening for the defense to challenge your honesty and the legitimacy of your claim.

Finally, don’t forget Nevada’s two-year filing deadline for personal injury suits. NRS 11.190(4)(e) sets a statute of limitations of two years from the injury date. Even if you file in time, a late medical record can hurt both settlement negotiations and jury awards. For full details, see NRS 11.190.

Helpful Hints

  • Seek medical attention immediately after an accident, even for minor pain.
  • Keep copies of all medical records, bills, and appointment summaries.
  • Report the incident promptly to an employer or property owner in writing.
  • Follow all doctor’s orders, including therapy or specialist visits.
  • Consult an attorney before speaking with insurance adjusters.

Disclaimer: This article provides general information under Nevada law. It does not constitute legal advice and should not replace consultation with a qualified attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.