Civil Claims Are Separate From Criminal Charges
A DUI prosecution punishes the driver, but it does not compensate you. A separate civil claim is how injured victims and grieving families recover for medical bills, lost income, pain and suffering, and loss of a loved one. You can pursue a civil claim regardless of whether the driver is criminally convicted, and a conviction or guilty plea can strengthen your case.
Punitive Damages Against Drunk Drivers
Nevada law (NRS 42.010) specifically allows punitive damages against a driver who causes injury while driving under the influence. These damages go beyond compensating your losses — they are meant to punish especially reckless conduct and deter it. Drunk driving cases are among the clearest examples where punitive damages may apply.
Dram Shop and Third-Party Liability
Nevada's dram shop laws are narrower than in many states, generally limiting liability for businesses that serve alcohol to adults. However, providing alcohol to an obviously intoxicated minor, or other special circumstances, can create additional liability. An attorney can evaluate whether anyone besides the driver may share responsibility for your injuries.
Building the Strongest Possible Case
Police reports, breath and blood test results, body camera footage, surveillance video, and witness statements all help establish impairment and liability. Acting promptly to gather and preserve this evidence — and to identify all available insurance — is key to maximizing your recovery under Nevada's modified comparative negligence rule under NRS 41.141, which lets you recover as long as you are not more than 50 percent at fault.
Injured in Nevada? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Yes. The criminal case and your civil claim are separate. You can pursue compensation regardless of the outcome of the criminal case, and a conviction can help your civil claim.
Yes. NRS 42.010 specifically allows punitive damages against drivers who cause injury while under the influence.
Generally two years from the date of injury under NRS 11.190(4)(e).
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Nevada attorney.