2026 Nevada Revised StatutesChapter 41 – Actions And Proceedings In Particular Cases Concerning PersonsNRS 41A.035 Limitation on amount of award for noneconomic damages; publication of amount of limitation by Nevada Supreme Court.

Statutory Text

1.  In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based.

2.  The maximum amount of noneconomic damages set forth in subsection 1 must be increased by $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the amount reaches $750,000.

3.  Beginning on January 1, 2029, the maximum amount of noneconomic damages set forth in subsection 1, as adjusted by subsection 2, must be increased on January 1 of each year by 2.1 percent, rounded to the nearest dollar.

4.  The Nevada Supreme Court shall, on or before January 1 of each year, publish on its Internet website the maximum amount of noneconomic damages that may be awarded in an action for injury or death against a provider of health care based upon professional negligence in each year for the following 20 years.

(Added to NRS by 2004 initiative petition, Ballot Question No. 3; A 2015, 2526; 2023, 3023)

NV Rev Stat § 41A.035 – Last Verified February 2026

Plain English Explanation

When someone is injured or killed due to a healthcare provider’s negligence in Nevada, they can sue for two types of damages. Economic damages cover things like medical bills and lost wages. Noneconomic damages are different. They cover things that are harder to put a price on, like pain and suffering or loss of enjoyment of life. Nevada law puts a limit on how much a person can receive for noneconomic damages in these kinds of cases.

For a long time, that limit was set at $350,000. It did not matter how many patients were suing, how many doctors were being sued, or what legal arguments were being made. The cap was $350,000 total for noneconomic damages.

That started to change in 2024. The law now requires the cap to go up by $80,000 every January 1st from 2024 through 2028. So by January 1st of 2028 the cap will have reached $750,000.

After 2028 the increases continue but at a slower pace. Starting on January 1st of 2029 the cap goes up by 2.1 percent each year and gets rounded to the nearest dollar. This means the limit will keep growing gradually over time to account for inflation and changing economic conditions.

To make sure the public and courts always know what the current cap is, the Nevada Supreme Court is required to publish the maximum noneconomic damages amount on its website every year. That publication must also include projected caps for the next 20 years so that anyone involved in a case can plan accordingly.

Frequently Asked Questions About NRS 41A.035

What is the cap on pain and suffering damages in a Nevada medical malpractice case?

Nevada limits how much a patient can receive for pain and suffering, or other noneconomic damages, in a medical malpractice case. The cap started at $350,000 but began increasing by $80,000 each year starting in 2024. By January 1st of 2028 the cap will reach $750,000. After that it increases by 2.1 percent every year going forward.

Does the noneconomic damages cap apply if multiple doctors or hospitals are at fault?

Yes. The cap applies to the total noneconomic damages awarded in the case regardless of how many healthcare providers are being sued or how many legal theories are used to argue the case. The limit is not multiplied based on the number of defendants or plaintiffs involved.

Are there any damages in a Nevada medical malpractice case that are not capped?

The cap only applies to noneconomic damages like pain and suffering. Economic damages such as medical expenses, future medical costs, and lost income are not subject to this limit. A patient can still recover the full amount of their financial losses on top of whatever noneconomic damages are allowed under the cap.

How do I find out what the current noneconomic damages cap is in Nevada?

The Nevada Supreme Court is required to publish the current cap and projected future caps on its official website every year before January 1st. That publication covers the next 20 years so attorneys, patients, and courts always have access to accurate figures.

Does this cap apply to wrongful death cases involving medical negligence?

Yes. The statute covers both injury and death cases brought against healthcare providers based on professional negligence. A family pursuing a wrongful death claim related to medical malpractice would face the same noneconomic damages cap as someone filing an injury claim.

If you or a loved one has been harmed by a healthcare provider’s negligence, understanding your rights under Nevada law is the first step toward getting the compensation you deserve. Contact Wooldridge Law Injury Lawyers today to speak with someone who knows how to fight for every dollar the law allows you to recover.