How Changes to Nevada Personal Injury Law Under SB 363 and SB 258 Could Affect Your Claim

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How Nevada Bills SB 363 and SB 258 Could Impact Your Injury or Workers’ Comp Claim

Nevada lawmakers recently introduced SB 363 and SB 258—two bills that could change how injury and workers’ comp claims operate statewide. These proposals aim to shift how courts assign fault and how much injured people can recover in damages. If passed, they would reduce compensation in many cases and make the claims process harder for victims.

Northern Nevada Business Weekly outlines both bills. SB 363 allows courts to assign fault to non-parties and limits recovery for medical bills and attorney fees. SB 258 targets workers’ comp claims by capping third-party payouts and redefining economic losses.

We want Reno residents to understand how these bills could affect their rights. If you’ve suffered a car accident, a slip and fall, or a job-related injury, these proposals could limit your compensation. This article breaks down what’s changing, who it affects, and what you should do now.

If you’re unsure how these proposed laws might impact your claim, reach out for a free consultation. Our legal team can help you move forward with clarity.

Understanding SB 363: New Limits on Personal Injury Claims

What SB 363 Aims to Change

Senate Bill 363 introduces major shifts to how courts handle personal injury lawsuits in Nevada. Lawmakers designed the bill to reduce litigation costs and narrow damage awards. But for injury victims, the proposed changes could limit how much compensation they receive.

Allowing Fault to Be Assigned to Non-Parties

Today, courts assign fault only to people named in a lawsuit. SB 363 would let judges assign blame to others not included in the case. This change means courts could lower your compensation—even if the other party doesn’t appear in court.

For example, imagine you suffer injuries in a truck crash. If the court finds a road construction company partially responsible but not named, they can still assign it fault. That decision would reduce what you recover from the driver—even if the company doesn’t testify or submit evidence.

Limiting Recovery for Medical Expenses

SB 363 also changes how injury victims recover medical costs. Instead of using the full billed amount, the law restricts recovery to what was actually paid. That amount is usually lower, especially for people using Medicare, Medicaid, or private insurance with negotiated rates.

This rule hurts victims who need out-of-network or uninsured care. It gives defendants and insurers a financial advantage while forcing injured people to absorb the gap between billed and paid amounts.

Capping Attorney Fees in Injury Cases

The bill also puts limits on attorney fees. Although this may appear to protect clients, it creates problems for those with complex cases. Lawyers may hesitate to accept cases with high risk or high cost if the law caps their ability to earn.

That shift could leave many victims—especially those with serious or long-term injuries—without access to skilled legal representation.

SB 363 reflects a broader change in Nevada personal injury law. Our team at Phoong Law remains committed to helping victims pursue the compensation they deserve, no matter what legal reforms are underway.

Breaking Down SB 258: Proposed Changes to Workers’ Compensation Claims

Redefining Economic Damages in Workers’ Comp Cases

Senate Bill 258 proposes to change how injured workers define and recover economic damages. Lawmakers drafted the bill to limit payouts and clarify compensation rules. However, this shift may reduce what workers receive—especially when third parties contribute to their injuries.

The bill narrows what counts as economic loss. Workers may no longer claim future medical care, projected income loss, or other long-term costs. That change could lower settlements in many workplace injury cases.

For example, a delivery driver who suffers permanent back injuries may need years of care. Under SB 258, a court could deny compensation for future surgeries or long-term wage loss. That leaves injured workers to bear those costs on their own.

Capping Recovery from Third Parties

Nevada law lets injured employees file claims against third parties—like subcontractors or negligent drivers—if they cause the injury. SB 258 would place a cap on how much workers can recover from those parties. That means even when someone outside your job causes your injury, you might not receive full compensation.

This change could affect anyone injured on a shared worksite or public road. Think of construction workers, delivery drivers, or utility technicians—people whose jobs often rely on others acting safely. SB 258 limits their ability to hold those third parties accountable.

If passed, this bill would further shift the burden away from insurers and toward injured employees. These changes add to growing concerns about fairness in Nevada personal injury law and the workers’ comp system.

We continue to monitor these developments closely. If you’ve suffered an on-the-job injury and need help understanding your options, reach out to our legal team. We can walk you through the current laws and any upcoming changes.

Why These Bills Matter for Injury Victims

Less Compensation for People Who Are Seriously Hurt

Both SB 363 and SB 258 reduce how much injured people can recover in court. These limits don’t target those who cause harm—they affect victims trying to rebuild their lives. Lower payouts for medical bills, reduced access to attorney support, and tighter definitions of damages all shift risk away from insurers and onto injured people.

For someone recovering from a serious crash or workplace injury, those changes could mean thousands of dollars lost. If you need surgery, physical therapy, or long-term care, these caps could force you to pay out-of-pocket—even when someone else caused your injury.

More Legal Barriers for Everyday Nevadans

The bills also make it harder for working families to file and win claims. Limits on legal fees may discourage attorneys from accepting complex cases. New rules about non-party fault make the courtroom even more unpredictable. And shorter definitions of “economic loss” could leave many without coverage for future costs.

These changes hurt those with the least power in the system—especially people without strong insurance, high incomes, or legal knowledge. If you’re already facing stress from a wrongful death case or a painful injury, these rules can make the road to recovery even harder.

Stronger Protections for Insurers and Defendants

At their core, these bills protect large organizations—not injured people. They reduce how much insurers pay, limit what courts can award, and restrict the role of injury attorneys. That may cut costs for companies, but it does so by asking victims to absorb more risk.

As a law firm focused on helping real people in Reno, we believe every injured person deserves a fair chance—not just a fast dismissal or a capped payout. These proposals show why understanding your rights matters more than ever.

What to Do If You Have a Pending or Upcoming Injury Claim

File Your Claim Before Any Laws Change

If you’ve already suffered an injury, don’t wait. These bills could pass in 2025 and may affect current or pending claims. Filing early under the current version of Nevada personal injury law gives you a better chance at full compensation. Our team can help you act quickly and protect your rights before any legal changes take effect.

Understand Your Rights Under Current Law

Right now, Nevada law still allows you to recover damages based on actual losses—including projected future care and lost income. Courts also limit fault to named parties and allow fair attorney compensation. These rules protect injury victims—but that could change. Learn what applies to your situation now by reviewing our personal injury services and speaking with our team.

Work With a Legal Team That Fights for You

As the law evolves, experience matters more than ever. You need a team that understands not just your case—but also how proposed laws could impact your results. At Phoong Law, we stay ahead of every change in Nevada injury law. Whether you’re facing a motorcycle accident, a dog bite injury, or a complex workplace injury, we’ll protect your claim from start to finish.

If you’re unsure what steps to take, reach out today for a free consultation. We’ll explain your options and help you move forward confidently.

Stay Informed and Protect Your Claim

The proposed changes under SB 363 and SB 258 could significantly reshape Nevada personal injury law. These bills aim to reduce compensation, add procedural hurdles, and protect insurers more than the people they harm. If passed, injury victims will face a system that favors defendants—and punishes those who need help the most.

Whether you’re recovering from a personal injury or preparing a wrongful death claim, understanding these legal shifts is critical. Acting now, before these bills become law, could mean the difference between full recovery and limited compensation.

At Phoong Law, we keep a close eye on every change to Nevada’s legal system. We guide our clients through evolving laws while protecting their rights and securing the compensation they deserve. If you’re concerned about how these bills may affect your case, we’re here to help.

Schedule a free consultation today to discuss your options. Let’s take action before lawmakers make it harder for you to get the justice you deserve.