Recovering Medical and Therapy Expenses After an Accident 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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Short answer: Yes — under Nevada law you can generally recover reasonable past and future medical and therapy expenses caused by another party’s negligence, but you must prove causation, necessity, and value. The claim’s value can be reduced by your own fault, and outside parties (health insurers, Medicare/Medicaid, or medical providers) may have lien or reimbursement rights against your recovery.

Below is a step‑by‑step explanation of what Nevada law requires, what a typical proof looks like, and practical hurdles you will face when trying to recover ongoing medical and therapy costs after an accident.

1. What kinds of medical and therapy expenses are recoverable?

Nevada allows recovery of economic damages that flow from the defendant’s wrongful conduct. That typically includes:

  • Past medical expenses already paid or billed (hospital bills, doctor visits, imaging, prescription medications).
  • Reasonable future medical expenses that are likely to be incurred because of the injury (ongoing physical therapy, future surgeries, durable medical equipment, future prescription costs).
  • Related out‑of‑pocket costs such as transportation to medical appointments and care recommended by treating providers.

For general guidance on damages in Nevada tort actions, see Nevada Revised Statutes, Chapter 41: NRS Chapter 41 (Actions).

2. What must you prove to recover these expenses?

A successful claim usually requires proof of three elements:

  1. Liability: The defendant owed you a duty and breached it (e.g., negligent driving).
  2. Causation: The accident caused the injury that led to the medical and therapy expenses. Medical records linking the treatment to the accident are critical.
  3. Damages: You must show the amounts of past bills and provide competent evidence (often expert testimony) that future treatment is reasonable and necessary.

To recover future medical and therapy costs courts generally require medical testimony (treating physician, specialist, or rehabilitation expert) explaining what treatment is needed and why. Life‑care plans or cost projections are common for long‑term needs.

3. How are “future” expenses proven and valued?

Future medical costs are typically proved through:

  • Treating providers’ reports stating ongoing care, frequency, duration, and expected procedures.
  • A life‑care plan prepared by a rehabilitation specialist or nurse planner for chronic or long‑term needs.
  • An expert (often a physician or economist) to translate anticipated care into a dollar amount and to calculate present value when awarding a lump sum.

Courts or insurers will discount future expenses to present value when calculating a lump‑sum award. Expect negotiations about the reasonableness and necessity of planned treatments.

4. Does Nevada reduce recovery if I share fault?

Yes. Nevada follows comparative fault principles. If you are partly at fault, the trier of fact reduces your damage award proportionally to your percentage of fault. For the statute governing comparative negligence in Nevada, see NRS Chapter 41 (see section on comparative fault at NRS 41.141).

5. Will my health insurer or Medicare take part of the recovery?

Often yes. Health insurers, Medicare, Medicaid, and sometimes medical providers may have contractual or statutory reimbursement or lien rights against your settlement or judgment. Common issues include:

  • Private insurers asserting contractual subrogation or reimbursement claims.
  • Medicare/Medicaid asserting federal reimbursement rights under federal law for medical care they paid (you or your attorney must comply with federal reimbursement rules).
  • Medical providers asserting liens where state law or agreement allows.

These liens and reimbursement claims can significantly reduce the money you keep. An attorney can often negotiate lien reductions, but you should plan for potential subrogation demands in settlement discussions.

6. Timing and procedural limits

Act promptly. Nevada’s statute of limitations for bringing most personal injury claims is short. See NRS 11.190 for time limits on civil actions: NRS 11.190 (Nevada Statute of Limitations). Missing the deadline can bar your claim completely.

7. Settlement vs. trial — practical effects

Most injury cases settle. When settling, you may sign a broad general release that ends all claims against the defendant. Be careful: a global release may also affect future claims for ongoing or changing conditions. If you expect significant future care, discuss structured settlements, reservation of future claims (rare), or special release language with counsel to protect your rights.

8. Evidence and documentation you will need

To maximize the chance of recovering ongoing medical and therapy expenses, gather and preserve:

  • All medical records and itemized bills from every provider.
  • Treatment plans, therapy progress notes, and referral letters from physicians.
  • Receipts for out‑of‑pocket costs (medications, travel, assistive devices).
  • Photographs of injuries and accident scene, witness contact information, and police reports.
  • Employer records showing lost earnings if applicable.

Hypothetical example

Maria is rear‑ended and begins physical therapy. She has $10,000 in bills so far and her doctor recommends 6 more months of therapy costing $9,000. To recover both past and future therapy costs Maria will present medical bills, her doctor’s prognosis, and a therapist’s cost estimate. If Maria is found 10% at fault, the total recoverable amount would be reduced by 10%. If her insurer or Medicare paid $8,000, they may assert a reimbursement claim against any settlement, so Maria’s net recovery will be reduced unless she negotiates a lien reduction.

When to talk to an attorney

Consult an attorney early if:

  • You have ongoing, significant, or uncertain medical needs.
  • Your treatment is expected to continue for months or years.
  • Your health insurer, Medicare, or a provider demands reimbursement or files a lien.
  • Liability or fault is disputed.

Key Nevada statutes and resources

Disclaimer: This article provides general information about Nevada law and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed Nevada attorney.

Helpful Hints

  • Start medical care immediately and follow your doctors’ recommendations—gaps in treatment make causation harder to prove.
  • Keep a single folder (digital or paper) with all medical records, bills, and receipts organized by date and provider.
  • Ask your treating provider to write clear notes linking injuries to the accident and describing future treatment needs.
  • Don’t sign settlement releases or accept final offers until you know the likely future medical costs; get legal advice first.
  • Notify your health insurer about the accident but be cautious about admitting fault to insurers or the other side.
  • If Medicare/Medicaid paid benefits, inform your attorney immediately—special federal rules can affect settlements.
  • Consider hiring a lawyer if future care is substantial, if liens exist, or if fault is disputed—experienced counsel can often negotiate lien reductions and structure settlements to protect future care.

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.