Injuries and Medical Treatment

Why the medical record matters so much

A negligence claim in Nevada has to show that the other person's conduct caused your injury, and that you suffered real losses. The medical record is how both are shown. It ties the injury to the crash in time, describes what it is, and documents what treatment it needed.

Get examined, even if you feel all right

Adrenaline masks pain, and some injuries, particularly to the neck, back and head, take hours or days to show themselves. An examination soon after the crash records your condition at the start, which is exactly what is hard to prove later.

Gaps in treatment

Insurers read gaps in treatment closely. A long delay before the first appointment, or treatment that stops and starts, is often argued to mean the injury was minor or was caused by something else. If you pause treatment for a reason such as cost, work or childcare, it helps for that reason to be written down.

Describe symptoms fully and consistently

Tell each provider about every symptom, including ones that seem minor, and how they affect daily life. A symptom that first appears in the record months later is harder to connect to the crash.

Paying for treatment in the meantime

An injury claim usually settles after treatment, not before, so the bills come first. If your own auto policy includes medical payments coverage, it pays reasonable and necessary medical expenses from the crash regardless of who was at fault. Nevada insurers must offer it from $1,000, though it is optional and often small. Health insurance may also be relevant, depending on your plan.

Keep your own records

• Every appointment, provider and date.
• Bills, receipts and mileage to appointments.
• Time off work and lost pay.
• A short diary of pain, sleep and what you could not do.
• Photographs of visible injuries as they change.

The deadline does not wait for treatment

The two-year deadline for an injury lawsuit runs from the date of the injury, whether or not treatment has finished. A long recovery can use up most of that time, so it is worth knowing the date.

If treatment itself causes harm

Harm caused by medical care is a separate claim with its own deadline: three years from the injury or two years from discovering it, whichever comes first, for injuries on or after 1 October 2023.