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ARTICLE · 26 MAY 2022

Is Nevada's Collateral Source Rule Changing?

Wilson Elser Moskowitz Edelman & Dicker LLP
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Nevada's application of its collateral source rule has been relatively strict.

United StatesLitigation, Mediation & Arbitration
Michael Lowry
Michael Lowry
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Nevada's application of its collateral source rule has been relatively strict. The only known exception thus far is statutory and concerns workers' compensation benefits. But things might be changing given a recent decision by the Supreme Court of Nevada.

Nied v. State of Nevada is a criminal appeal resulting from a motor vehicle accident following a wild night in Reno. The driver was convicted, and during the sentencing process the district court ordered that the driver pay restitution of $459,147.26 for medical costs and $4,678.33 for vehicle damage to the victim. The driver challenged that amount on appeal. First, he argued the restitution should be limited to out-of-pocket costs, such as co-pays. That argument was rejected.

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