Yes, in many Nevada accident cases it is wise to get evaluated even if you feel okay at first or you are “only sore,” especially when the crash involved a significant impact, airbags, head movement, or any neck, back, or headache symptoms. There are both medical and legal reasons for this, and Nevada law helps explain why documentation and timing matter.
1) “Feeling okay” is not the same as “not injured”
Immediately after a crash, adrenaline, stress hormones, and shock can mask symptoms. Some injuries commonly present later, including:
- concussions and mild traumatic brain injuries
- cervical and lumbar soft tissue injuries
- disc injuries
- joint injuries
- aggravation of preexisting conditions
A medical evaluation is the safest way to rule out more serious problems and establish a baseline.
2) Nevada legal reasons a medical visit matters even for “minor” soreness
A) You still have to prove causation, and many cases require medical probability testimony
If the defense disputes whether the accident caused your condition, expert testimony may be necessary, and Nevada requires causation testimony to be stated to a reasonable degree of medical probability in contexts where expert medical proof is required. Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 111 P.3d 1112 (2005). Nevada courts have applied this standard in evaluating causation opinions and alternative causation theories. Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 262 P.3d 360 (2011).
Early medical documentation makes it easier for providers to connect your symptoms to the crash with appropriate medical reasoning later. Morsicato, 121 Nev. 153, 111 P.3d 1112 (2005).
B) If you wait, the defense may argue failure to mitigate
Nevada recognizes a duty to mitigate damages, and defendants have the burden to prove a failure to mitigate. Dillard Dep’t Stores, Inc. v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999). A long delay can be framed as unreasonable, particularly if symptoms worsened and you still did not seek evaluation.
C) Your early statements can be used against you
If you tell an adjuster, a witness, or even the other driver that you are “fine,” those statements can become part of the claim file and may later be used to argue you were not injured. Nevada evidence law treats certain admissions by a party-opponent as not excluded by the hearsay rule when offered against that party. NRS 51.035.
You do not need to be paranoid, but you should be careful. If you are not sure, it is better to say you are assessing your condition and seeking evaluation.
D) Your medical history and symptom reports can become evidence
Nevada’s hearsay rules allow statements made for purposes of medical diagnosis or treatment, including statements about symptoms and the general character of the cause or external source, if reasonably pertinent to diagnosis or treatment. NRS 51.115. That is one reason prompt medical evaluation can strengthen the evidentiary foundation of your claim, it creates contemporaneous documentation that is often relied on later. NRS 51.115.
3) What type of doctor should you see?
This depends on symptoms. Many people start with:
- ER, if symptoms are severe or alarming
- urgent care, for same-day evaluation when ER is not necessary
- primary care, for follow-up and coordination
- specialists, when referred, such as orthopedics or neurology
- physical therapy, when prescribed
The most important point is not the label of the provider, it is getting a timely, documented evaluation appropriate to your condition.
4) What if you truly feel normal and have no symptoms?
If you have absolutely no symptoms, you may choose to monitor yourself. But you should still:
- watch for delayed symptoms over the next several days
- seek care immediately if headaches, neck pain, back pain, dizziness, numbness, weakness, or cognitive issues appear
- document the onset of any symptoms, including date and time
If symptoms appear later, prompt care at that time is still better than waiting further.
5) Do not lose track of the two-year Nevada deadline
Even with ongoing treatment, 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 51.035
- NRS 51.115
- Dillard Dep’t Stores, Inc. v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999)
- 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