From both a health perspective and a Nevada personal injury claim perspective, the best answer is usually the same: get medical evaluation as soon as it is reasonably necessary based on your symptoms, and do not ignore warning signs just because you are able to walk away from the crash.
Insurance companies and defense attorneys often focus on treatment timing because delays can be argued as evidence that the accident did not cause the injury, or that the injuries were not serious, or that the plaintiff failed to mitigate damages. Nevada law provides useful frameworks for understanding why timing matters.
1) If you have emergency symptoms, get care immediately
If you have red-flag symptoms, call 911 or go to the ER immediately, such as:
- loss of consciousness, confusion, severe headache, vomiting, vision changes
- neck pain with numbness or weakness
- chest pain, shortness of breath
- significant bleeding, suspected fractures
- worsening pain or neurological symptoms
Nevada law also requires drivers involved in crashes resulting in injury or death to render reasonable assistance to injured persons, including arranging transport for medical treatment if it appears necessary or is requested. NRS 484E.030(1)(c).
2) If symptoms are not emergent, you should still be evaluated promptly
Many collision injuries, including concussions, soft-tissue injuries, disc injuries, and aggravations of preexisting conditions, can worsen over the next 24 to 72 hours. Prompt evaluation helps you:
- protect your health
- document the onset of symptoms
- create a clear timeline tying the injury to the crash
3) Why timing matters legally under Nevada law
- You must prove causation with reliable medical evidence in many cases
In Nevada, medical causation commonly requires expert testimony stated to a reasonable degree of medical probability when the issue is beyond common knowledge. Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005). Morsicato clarified that causation testimony must meet the reasonable medical probability standard. Id. Nevada courts have also applied that framework when analyzing alternative causation theories. Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011).
Prompt medical evaluation improves your ability to establish causation because it generates contemporaneous clinical findings and history that can later support medical probability opinions. Morsicato, 121 Nev. 153, 111 P.3d 1112 (2005).
B) Delay can be framed as failure to mitigate
Nevada recognizes a duty to mitigate damages, and the defendant has the burden of proving the plaintiff failed to mitigate. Dillard Dep’t Stores, Inc. v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999). If someone waits an unreasonably long time to seek care or refuses reasonable treatment, defendants may try to use that as a mitigation argument. Dillard, 115 Nev. 372, 989 P.2d 882 (1999).
This does not mean you must accept every recommended procedure. It does mean you should act reasonably, document barriers to care, and follow through on appropriate medical evaluation.
C) What you tell your doctor can be admissible and can matter
Nevada’s hearsay rules include an exception for statements made for purposes of medical diagnosis or treatment, including statements describing medical history, symptoms, and the general character of the cause or external source of the condition, insofar as reasonably pertinent to diagnosis or treatment. NRS 51.115.
Prompt treatment creates the earliest medical record of your symptoms and the mechanism of injury, which can later become important evidence in a disputed claim. NRS 51.115.
4) A practical Nevada timeline most people can follow
Every case is different, but these are common best practices:
- Day 0 (day of crash): ER or urgent care if symptomatic, especially head, neck, back, or neurological symptoms
- Within 24 to 72 hours: evaluation if soreness and headaches are increasing, or if you notice functional limitations
- Within 1 week: follow-up care, imaging if indicated, referrals as needed
- Ongoing: consistent care plan and documentation, with honest reporting of symptoms and limitations
5) Do not wait just because you “want to see if it goes away”
Waiting sometimes results in:
- worsening injuries
- missed diagnoses
- the defense arguing the injury happened later
- the insurer arguing the claim is inflated
It is much easier to explain prompt care than to explain a long gap in care when the insurer is contesting causation and damages.
6) Do not lose track of the legal deadline
Even if you are treating and negotiating, most Nevada personal injury claims must be filed within two years. NRS 11.190(4)(e).
Nevada Legal Authorities Cited
- NRS 11.190(4)(e)
- NRS 51.115
- NRS 484E.030(1)(c)
- Dillard Dep’t Stores, Inc. v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999)
- Banks ex rel. Banks v. Sunrise Hosp., 120 Nev. 822, 102 P.3d 52 (2004)
- Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005)
- Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011)
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com