Benson and Bingham
Two bills introduced in the 2025 Nevada legislative session are making headlines among attorneys and business leaders alike for their potential to alter personal injury and workers' compensation claims statewide.
Senate Bill 363, introduced on March 17, 2025, would revise how damages are awarded in personal injury lawsuits by requiring courts to consider the fault of all parties involved in an incident—even those not listed in the case. It also seeks to limit the recoverability of medical expenses and cap attorney fees for injured workers under the Nevada Industrial Insurance Act.
"These proposed changes could alter the method by which liability is determined in cases involving civil lawsuits, including workplace injuries and premises liability claims," said Joseph L. Benson, Esq., managing partner at Benson & Bingham Accident Injury Lawyers. “It’s a move that could benefit insurance companies but complicate recovery for injured Nevadans.”
Senate Bill 258, introduced on February 27, targets compensation formulas in workers’ comp cases. It aims to limit reductions to employee compensation when they receive other payments that represent economic damages—such as medical bills or lost wages. The bill also defines what qualifies as “economic damages,” offering more clarity in these disputes.
The supporters of the legislation say that the reforms will curb excessive litigation and improve transparency. Critics argue that the changes will complicate bringing just compensation to injured victims, especially to those of more complex multi-party accidents.
Both bills are currently under review in committee and could be amended before reaching the floor. If passed, they are expected to significantly impact how injury claims are managed across Northern Nevada.