Nevada Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — NEVADA

FOR SETTLEMENT PURPOSES ONLY — PROTECTED UNDER NRS § 48.105

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

Nevada Bar No.: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], NV [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

LETTER DATE AND DELIVERY

Date: [__/__/____]

Via: ☐ Certified Mail, Return Receipt Requested ☐ Email ☐ Facsimile ☐ Hand Delivery

ADDRESSEE — INSURANCE COMPANY / CLAIMS DEPARTMENT

To:

Insurance Company: [________________________________]

Claims Department / Adjuster: [________________________________]

Adjuster Direct Telephone: [________________________________]

Adjuster Email: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

CLAIM INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This firm represents [Client Full Name] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a result of the negligence of your insured, [Insured Full Name] ("Tortfeasor"), in [City/Town], [County] County, Nevada.

This letter constitutes a formal demand for settlement of the above-referenced claim. The Claimant has completed active medical treatment, and we are now in a position to present a comprehensive demand supported by medical documentation, billing records, and applicable Nevada law.

This correspondence is intended for settlement purposes only and is protected under NRS § 48.105. Nothing herein shall be construed as a limitation on the damages recoverable by the Claimant should litigation become necessary.

We have been authorized by our client to resolve this claim and to negotiate a fair and reasonable settlement on [his/her] behalf.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [describe activity — e.g., operating a motor vehicle, walking as a pedestrian, a passenger in a vehicle] at or near [________________________________] in [City/Town], [County] County, Nevada.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing Nevada license plate number [________________________________].

[Describe the specific negligent conduct and how the incident occurred. Include directional details, traffic conditions, and sequence of events.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Police Report and Investigation

The incident was investigated by the [________________________________] Police Department / [County] County Sheriff's Office / Nevada Highway Patrol. The investigating officer was [Officer Name], Badge No. [____]. The police report was assigned Report No. [________________________________].

Police Report Findings:

• ☐ Your insured was issued a traffic citation for: [________________________________]
• ☐ Your insured was found to have violated NRS § [________________________________]
• ☐ Your insured was charged with: [________________________________]
• ☐ Witnesses were identified and statements taken
• ☐ Diagram/photographs were included in the report

C. Scene and Conditions

D. Emergency Response

• ☐ Claimant was transported by ambulance to [Hospital Name]
• ☐ Claimant was airlifted to [Trauma Center Name]
• ☐ Claimant was transported by private vehicle to [Hospital/Facility]
• ☐ Claimant was treated and released from the emergency department
• ☐ Claimant was admitted to the hospital for [____] days

III. LIABILITY ANALYSIS

A. Negligence Under Nevada Law

Under Nevada law, a plaintiff in a negligence action must establish: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty; (3) the breach was the actual and proximate cause of the plaintiff's injuries; and (4) the plaintiff suffered damages. See Turner v. Mandalay Sports Entm't, LLC, 124 Nev. 213 (2008).

Your insured owed a duty of care to all persons lawfully on the roadway, including the Claimant. Your insured breached this duty by:

• ☐ Failing to maintain a proper lookout — NRS § 484B.150
• ☐ Following too closely — NRS § 484B.127
• ☐ Failing to yield the right of way — NRS § 484B.250 et seq.
• ☐ Running a red light or stop sign — NRS § 484B.300, 484B.307
• ☐ Speeding — NRS § 484B.600 et seq.
• ☐ Reckless driving — NRS § 484B.653
• ☐ Driving under the influence — NRS § 484C.110
• ☐ Improper lane change — NRS § 484B.223
• ☐ Failure to signal — NRS § 484B.400
• ☐ Using a handheld device while driving — NRS § 484B.165
• ☐ Other: [________________________________]

B. Comparative Negligence — NRS § 41.141

Nevada applies a modified comparative fault standard under NRS § 41.141. A plaintiff's comparative negligence does not bar recovery so long as the plaintiff's negligence was "not greater than" the negligence or gross negligence of the defendant(s). If the plaintiff is found to be more than 50% at fault, recovery is completely barred.

Where the plaintiff is partially at fault (but 50% or less), damages are reduced by the plaintiff's percentage of fault.

In this case, the Claimant bears zero (0%) fault for the incident. Your insured is 100% at fault. [If partial fault is acknowledged, address proportionate analysis here.]

C. Joint and Several Liability — NRS § 41.141(4)-(5)

NRS § 41.141 addresses actions in which the plaintiff's comparative negligence is asserted as a defense. The claimant's share of fault and the type of claim both matter to the liability analysis:

• Comparative-negligence actions (NRS § 41.141(4)): Where recovery is allowed against more than one defendant in such an action, each defendant generally owes the portion of the judgment representing that defendant's percentage of negligence.
• Categorical exceptions (NRS § 41.141(5)): Joint and several liability is preserved only where the action is based upon: (a) strict liability; (b) an intentional tort; (c) the emission, disposal, or spillage of a toxic or hazardous substance; (d) the concerted acts of the defendants; or (e) an injury caused by a defective product manufactured, distributed, sold, or used in Nevada.

In this case, the Claimant asserts no comparative fault. This letter does not assume that NRS § 41.141(4) limits a defendant's liability to an allocated fault share when the Claimant is fault-free. [If more than one defendant is involved, state the supported basis for joint or several liability after reviewing the claim theory and any applicable exception.]

IV. INJURIES AND MEDICAL TREATMENT

A. Nature of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:

• ☐ Cervical spine injury — [________________________________]
• ☐ Lumbar spine injury — [________________________________]
• ☐ Thoracic spine injury — [________________________________]
• ☐ Traumatic brain injury / Concussion — [________________________________]
• ☐ Fracture(s) — [________________________________]
• ☐ Herniated disc(s) — [________________________________]
• ☐ Disc bulge(s) / Protrusion(s) — [________________________________]
• ☐ Radiculopathy — [________________________________]
• ☐ Rotator cuff tear / Shoulder injury — [________________________________]
• ☐ Knee injury — [________________________________]
• ☐ Soft tissue injuries — [________________________________]
• ☐ Lacerations / Contusions / Abrasions — [________________________________]
• ☐ PTSD / Anxiety / Depression — [________________________________]
• ☐ Other: [________________________________]

ICD-10 Diagnostic Codes:

B. Chronological Treatment History

1. Emergency / Acute Care

2. Diagnostic Imaging

3. Specialist Consultations

4. Physical Therapy / Chiropractic / Rehabilitation

5. Injections / Procedures

6. Surgical Intervention

7. Mental Health Treatment

8. Prescription Medications

C. Current Medical Status and Prognosis

Dr. [________________________________] has opined, within a reasonable degree of medical probability, that the Claimant's injuries are [permanent / have reached maximum medical improvement / require ongoing treatment].

Current Symptoms:

• ☐ Chronic pain in [________________________________]
• ☐ Restricted range of motion in [________________________________]
• ☐ Numbness/tingling in [________________________________]
• ☐ Headaches — frequency: [________________________________]
• ☐ Sleep disturbance
• ☐ Cognitive difficulties
• ☐ Emotional distress / Anxiety / Depression
• ☐ Other: [________________________________]

Future Medical Needs:

• ☐ Ongoing physical therapy — estimated cost: $[________] per year
• ☐ Future surgical intervention — estimated cost: $[________]
• ☐ Pain management — estimated cost: $[________] per year
• ☐ Future diagnostic imaging — estimated cost: $[________]
• ☐ Prescription medications — estimated cost: $[________] per year
• ☐ Durable medical equipment — estimated cost: $[________]
• ☐ Home health care — estimated cost: $[________]
• ☐ Life care plan has been prepared by: [________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

1. Past Medical Expenses

2. Future Medical Expenses

3. Lost Wages — Past

Supporting Documentation: ☐ Employer verification letter ☐ Tax returns ☐ Pay stubs ☐ W-2 forms

4. Lost Earning Capacity — Future

Vocational Expert: [________________________________]

5. Other Economic Damages

B. Non-Economic Damages

Note: For an ordinary claim against a private driver, Nevada generally imposes no statutory cap on compensatory damages. Check the defendant and claim type before using that assumption: NRS § 41A.035 caps noneconomic damages in professional-negligence actions against health-care providers, with an amount that changes by year; NRS § 41.035 limits covered tort awards against the State, political subdivisions, and certain public actors.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

B. Claimant's Own Coverage (First-Party)

MedPay / Medical Payments Coverage

UM/UIM — Uninsured/Underinsured Motorist Coverage

☐ UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient to compensate Claimant's damages.
☐ UM claim is being asserted. Tortfeasor was uninsured.

C. Additional Coverage Sources

• ☐ Umbrella / Excess Policy: $[________]
• ☐ Health insurance subrogation lien: $[________] — Carrier: [________________________________]
• ☐ Workers' compensation lien: $[________]
• ☐ Medicare/Medicaid conditional payments: $[________]
• ☐ ERISA lien: $[________]

D. Nevada Minimum Insurance Requirements

Nevada requires the following minimum automobile liability insurance (NRS § 485.185):

Nevada is a tort (fault-based) state — it does NOT have a no-fault auto insurance system.

VII. PREJUDGMENT INTEREST — NRS § 17.130

Under NRS § 17.130, when no rate of interest is provided by contract, the judgment draws interest from the date of service of the summons and complaint until satisfied, at a rate equal to:

The prime rate at the largest bank in Nevada (as ascertained by the Commissioner of Financial Institutions on January 1 or July 1 immediately preceding the date of judgment) plus 2%.

Important: Future damages draw interest only from the date of entry of the judgment, not from the date of service.

In this case:

• Date of Loss: [__/__/____]
• Anticipated filing date: [__/__/____]
• Current estimated prejudgment interest rate: [____]%
• Daily accrual on claimed damages: $[________] per day

The accrual of prejudgment interest from the date of service of process creates substantial additional liability exposure. We recommend resolution before suit is filed.

VIII. PUNITIVE DAMAGES — NRS § 42.005

☐ This section is applicable to this claim.

Under NRS § 42.005, punitive damages may be awarded when the plaintiff proves by clear and convincing evidence that the defendant was guilty of oppression, fraud, or malice, whether express or implied.

Punitive Damages Caps (NRS § 42.005(1)):

Exception: The cap does NOT apply to claims against an insurer for bad faith denial or delay of insurance benefits under NRS § 42.005(2)(b).

Basis for Punitive Damages Claim:
[________________________________]
[________________________________]
[________________________________]

☐ This section is NOT applicable — Punitive damages are not being sought at this time but are reserved as a right should evidence of egregious conduct emerge during litigation.

IX. MEDICAL EXPENSE SUPPORT

The enclosed records identify the medical services, amounts billed, amounts paid, and any asserted reimbursement interests. NRS § 42.021 addresses collateral-benefit evidence in actions against health-care providers for professional negligence; this demand does not invoke that section as a rule for this claim.

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, and applicable Nevada law, the Claimant hereby demands the sum of:

$[________________________________]

This demand is supported by total economic damages of $[________] and non-economic damages of $[________], and accounts for the Claimant's injuries, ongoing medical needs, and the impact on [his/her] quality of life.

Response Deadline: We respectfully request a substantive response to this demand within thirty (30) days of receipt, no later than [__/__/____].

This demand will remain open for the stated period. Failure to respond or to make a good-faith offer within the specified timeframe will result in the immediate filing of a Complaint in the [____] Judicial District Court, [County] County, State of Nevada.

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is TWO (2) YEARS from the date of loss under NRS § 11.190(4)(e).

• Date of Loss: [__/__/____]
• SOL Expiration Date: [__/__/____]

We will not permit the statute of limitations to expire pending resolution of this claim. A Complaint will be filed in advance of the expiration date regardless of the status of settlement negotiations.

XII. RESERVATION OF RIGHTS

The Claimant reserves all rights, claims, and causes of action available under Nevada law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages (NRS § 42.005)
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Underage alcohol-furnishing claim (NRS § 41.1305(2), subject to subsection (3) for licensed alcohol providers and their employees or agents acting in business or employment)
• ☐ Products liability, if supported by the facts
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (NRS § 41.085) / Survival action (NRS § 41.100)
• ☐ Other: [________________________________]

The presentation of this demand does not constitute a waiver of any claim or right, nor does it limit the damages that may be sought in litigation.

XIII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed with this demand for your review:

Medical Records and Bills

Other Documentation

XIV. SIGNATURE BLOCK

We trust that your review of the enclosed documentation and this demand letter will confirm the full extent of the Claimant's injuries and the reasonableness of our demand. We look forward to a prompt and fair resolution of this claim.

Should you have any questions or require additional documentation, please do not hesitate to contact our office.

Very truly yours,

[________________________________]

[________________________________], Esq.
Attorney for Claimant
Nevada Bar No. [________________________________]

[Law Firm Name]
[________________________________]
[________________________________], NV [__________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

XV. SOURCES AND REFERENCES

Nevada Statutes

• NRS § 41.141 — Modified Comparative Fault (51% Bar Rule)
• NRS § 11.190(4)(e) — Statute of Limitations for Personal Injury (2 years)
• NRS § 41.085 — Wrongful Death
• NRS § 41.100 — Survival Action
• NRS § 42.005 — Punitive Damages Standard and Caps
• NRS § 42.021 — Collateral-benefit evidence in health-care professional-negligence actions (not a general bar on evidence)
• NRS § 17.130 — Prejudgment Interest (Prime Rate + 2%)
• NRS § 485.185 — Minimum Auto Insurance Requirements (25/50/20)
• NRS § 41.141(4)-(5) — Joint and Several Liability Rules

Key Cases

• Turner v. Mandalay Sports Entm't, LLC, 124 Nev. 213 (2008) — Elements of negligence
• Banks v. Sunrise Hospital, 120 Nev. 822 (2004) — Comparative fault analysis
• Countrywide Home Loans, Inc. v. Thitchener, 124 Nev. 725 (2008) — Punitive damages standard

This template is provided for use with legal review. It does not constitute legal advice. Have a qualified attorney review and customize it before transmission when the claim, coverage, or litigation strategy warrants legal advice.