EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 42 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. 1. In an action for damages for personal injury or

1-4 wrongful death in which the liability of the defendant is established or

1-5 admitted, the court shall, before the entry of judgment, hold a separate

1-6 hearing to determine if the plaintiff, as the result of the personal injury

1-7 or wrongful death, has received a benefit from a collateral source. If the

1-8 court determines that the plaintiff has received a benefit from a collateral

1-9 source, the court shall reduce the amount of damages, if any, awarded in

1-10 the action by the amount of the benefit.

1-11 2. As used in this section and except as otherwise provided in

1-12 subsection 3, "benefit from a collateral source" means any money,

1-13 service or other benefit that is paid, provided or reimbursed, or is

1-14 reasonably likely to be paid, provided or reimbursed, to the plaintiff for

1-15 personal injury or wrongful death pursuant to:

1-16 (a) A state or federal act;

1-17 (b) A policy of insurance;

2-1 (c) A contract or agreement of any group, organization, partnership

2-2 or corporation; or

2-3 (d) Any other publicly or privately funded program,

2-4 that provides benefits for sickness, physical injury, dental injury,

2-5 emotional injury, disability, accidents, loss of earnings or workers’

2-6 compensation.

2-7 3. A benefit from a collateral source does not include a benefit that is

2-8 received by the plaintiff pursuant to subsection 2 to the extent that the

2-9 provider of the benefit:

2-10 (a) Is entitled to recover the benefit from the plaintiff; or

2-11 (b) Is subrogated to the rights of the plaintiff, if the right of

2-12 subrogation is exercised by serving a notice of lien on the plaintiff before

2-13 the settlement of or the entry of judgment in the action. The plaintiff

2-14 shall provide notice of the commencement of the action to each provider

2-15 of benefits that holds a lien provided by statute.

2-16 Sec. 3. 1. In an action for damages for personal injury or

2-17 wrongful death that arises on or after October 1, 1999, the trier of fact

2-18 shall itemize, in the verdict, the award of damages to reflect the monetary

2-19 amount intended for:

2-20 (a) Past expenses for medical treatment, care or custody;

2-21 (b) Future expenses for medical treatment, care or custody;

2-22 (c) Past loss of earnings;

2-23 (d) Future loss of earnings;

2-24 (e) Noneconomic damages; and

2-25 (f) Other damages.

2-26 2. Except as otherwise provided in this section and NRS 41.035, in

2-27 an action for damages for personal injury or wrongful death, a judgment

2-28 for noneconomic damages must not exceed $250,000.

2-29 3. If the action is tried before a jury, the court or a party to the action

2-30 shall not instruct or otherwise advise the jury concerning the limitation

2-31 on noneconomic damages prescribed by subsection 2.

2-32 4. The limitation on noneconomic damages prescribed by subsection

2-33 2 does not apply to a cause of action arising out of:

2-34 (a) Willful or reckless misconduct; or

2-35 (b) An act or omission constituting a felony.

2-36 5. As used in this section, "noneconomic damages" means damages

2-37 for pain and suffering, emotional distress and loss of consortium or

2-38 companionship. The term does not include exemplary or punitive

2-39 damages.

2-40 Sec. 4. 1. If the trier of fact in an action for damages for personal

2-41 injury or wrongful death awards the plaintiff future economic damages,

2-42 the defendant shall pay the award of future economic damages, at the

2-43 election of the plaintiff:

3-1 (a) In a lump-sum payment that has been reduced to its present value

3-2 as determined by the trier of fact and approved by the court; or

3-3 (b) In an annuity or other appropriate financial instrument purchased

3-4 by the defendant to provide periodic payments to the plaintiff. The court

3-5 shall not reduce an award of future economic damages to its present

3-6 value if the plaintiff elects to receive the award pursuant to this

3-7 paragraph.

3-8 2. If the plaintiff elects to receive an award of future economic

3-9 damages in an annuity or other appropriate financial instrument that

3-10 provides periodic payments:

3-11 (a) The plaintiff shall select the provider of the annuity or other

3-12 appropriate financial instrument.

3-13 (b) The court shall determine the duration of the period during which

3-14 the periodic payments are to be received.

3-15 (c) Each party, before the entry of judgment, shall submit to the court

3-16 a plan specifying the person who is to be the recipient of the periodic

3-17 payments, the schedule for the periodic payments and the amount of

3-18 each periodic payment.

3-19 (d) After reviewing the plans, the court shall specify in its judgment:

3-20 (1) The provider of the annuity or other appropriate financial

3-21 instrument;

3-22 (2) The duration of the period during which the periodic payments

3-23 are to be received;

3-24 (3) The person who is to be the recipient of the periodic payments;

3-25 (4) The schedule for the periodic payments; and

3-26 (5) The amount of each periodic payment.

3-27 (e) The court shall ensure that the total amount of the periodic

3-28 payments is equal to the total amount of the future economic damages

3-29 awarded by the trier of fact and approved by the court.

3-30 (f) The defendant or the defendant’s insurer shall fund the annuity or

3-31 other appropriate financial instrument in full.

3-32 (g) Upon purchase of the annuity or other appropriate financial

3-33 instrument by the defendant or the defendant’s insurer, the plaintiff

3-34 shall:

3-35 (1) Execute a satisfaction of judgment or a stipulation for dismissal

3-36 of the claim with prejudice; and

3-37 (2) Release forever the defendant and the defendant’s insurer, if

3-38 any, from any obligation to make periodic payments pursuant to the

3-39 award.

3-40 3. If the plaintiff dies before the final periodic payment of the award

3-41 is made:

3-42 (a) The unpaid balance of the award for loss of future earnings

3-43 reverts to the estate of the plaintiff; and

4-1 (b) The unpaid balance of the award for future expenses for medical

4-2 treatment, care or custody reverts to the defendant or the defendant’s

4-3 insurer.

4-4 4. As used in this section, "future economic damages" includes

4-5 damages for loss of future earnings and for future expenses for medical

4-6 treatment, care or custody.

4-7 Sec. 5. NRS 42.020 is hereby amended to read as follows:

4-8 42.020 1. [Except as otherwise provided in subsection 2, in any] In

4-43 the court. The period for which the periodic payments must be made must

5-1 be determined by the trier of fact and approved by the court. Before the

5-2 entry of judgment, each party shall submit to the court a plan specifying

5-3 the recipient of the payments, the amount of the payments and a schedule

5-4 of periodic payments for the award. Upon receipt and review of the plans,

5-5 the court shall specify in its judgment rendered in the action the recipient

5-6 of the payments, the amount of the payments and a schedule of payments

5-7 for the award.

5-8 5. If an annuity is purchased pursuant to paragraph (b) of subsection 3,

5-9 the claimant shall select the provider of the annuity. Upon purchase of the

5-10 annuity, the claimant shall:

5-11 (a) Execute a satisfaction of judgment or a stipulation for dismissal of

5-12 the claim with prejudice; and

5-13 (b) Release forever the defendant and his insurer, if any, from any

5-14 obligation to make periodic payments pursuant to the award.

5-15 6.] As used in this section [:

5-16 (a) "Benefit from a collateral source" means any money, service or

5-17 other benefit which is paid or provided or is reasonably likely to be paid or

5-18 provided to a claimant for personal injury or wrongful death pursuant to:

5-19 (1) A state or federal act which provides benefits for sickness,

5-20 disability, accidents, loss of income or workers’ compensation;

5-21 (2) A policy of insurance which provides health benefits or coverage

5-22 for loss of income;

5-23 (3) A contract of any group, organization, partnership or corporation

5-24 which provides, pays or reimburses the cost of medical, hospital or dental

5-25 benefits or benefits for loss of income; or

5-26 (4) Any other publicly or privately funded program which provides

5-27 such benefits.

5-28 (b) "Medical] , "medical malpractice" has the meaning ascribed to it in

5-29 NRS 41A.009.

5-30 Sec. 6. Chapter 7 of NRS is hereby amended by adding thereto a new

5-31 section to read as follows:

5-32 1. An attorney shall not contract for or collect a fee contingent on

5-33 the amount of recovery for representing a person seeking damages in

5-34 connection with an action in tort in excess of the following limits:

5-35 (a) Forty percent of the first $50,000 recovered.

5-36 (b) Thirty-three and one-third percent of the next $50,000 recovered.

5-37 (c) Twenty-five percent of the next $500,000 recovered.

5-38 (d) Fifteen percent of the amount of recovery that exceeds $600,000.

5-39 2. The limitations set forth in subsection 1 apply to all forms of

5-40 recovery, including, but not limited to, settlement, arbitration or

5-41 judgment.

6-1 3. For the purposes of this section, "recovered" means the net sum

6-2 recovered by the plaintiff after deducting any disbursements or costs

6-3 incurred in connection with the prosecution or settlement of the claim.

6-4 Costs of medical care incurred by the plaintiff and general and

6-5 administrative expenses incurred by the office of the attorney are not

6-6 deductible disbursements or costs.

6-7 Sec. 7. Chapter 11 of NRS is hereby amended by adding thereto a

6-8 new section to read as follows:

6-9 1. An action for product liability must be commenced:

6-10 (a) Within 6 years after the date of the initial purchase of the product;

6-11 or

6-12 (b) Within 10 years after the date of the manufacture of the product,

6-13 whichever is later.

6-14 2. As used in this section, "product liability" means liability for

6-15 damages because of personal injury, death, emotional harm,

6-16 consequential economic damage or damage to property, including

6-17 damages resulting from the loss of use of property, arising out of the

6-18 manufacture, design, importation, distribution, packaging, labeling,

6-19 lease or sale of a product.

6-20 Sec. 8. NRS 11.190 is hereby amended to read as follows:

6-21 11.190 Except as otherwise provided in NRS 125B.050 and 217.007,

7-1 (b) An action for waste or trespass of real property, but when the waste

7-2 or trespass is committed by means of underground works upon any mining

7-3 claim, the cause of action shall be deemed to accrue upon the discovery by

7-4 the aggrieved party of the facts constituting the waste or trespass.

7-5 (c) An action for taking, detaining or injuring personal property,

7-6 including actions for specific recovery thereof, but in all cases where the

7-7 subject of the action is a domestic animal usually included in the term

7-8 "livestock," which has a recorded mark or brand upon it at the time of its

7-9 loss, and which strays or is stolen from the true owner without his fault, the

7-10 statute does not begin to run against an action for the recovery of the

7-11 animal until the owner has actual knowledge of such facts as would put a

7-12 reasonable person upon inquiry as to the possession thereof by the

7-13 defendant.

7-14 (d) Except as otherwise provided in NRS 112.230, an action for relief

7-15 on the ground of fraud or mistake, but the cause of action in such a case

7-16 shall be deemed to accrue upon the discovery by the aggrieved party of the

7-17 facts constituting the fraud or mistake.

7-18 (e) An action pursuant to NRS 40.750 for damages sustained by a

7-19 financial institution because of its reliance on certain fraudulent conduct of

7-20 a borrower, but the cause of action in such a case shall be deemed to

7-21 accrue upon the discovery by the financial institution of the facts

7-22 constituting the concealment or false statement.

7-23 4. Within 2 years:

7-24 (a) An action against a sheriff, coroner or constable upon liability

7-25 incurred by acting in his official capacity and in virtue of his office, or by

7-26 the omission of an official duty, including the nonpayment of money

7-27 collected upon an execution.

7-28 (b) An action upon a statute for a penalty or forfeiture, where the action

7-29 is given to a person or the state, or both, except when the statute imposing

7-30 it prescribes a different limitation.

7-31 (c) An action for libel, slander, assault, battery, false imprisonment or

7-32 seduction.

7-33 (d) An action against a sheriff or other officer for the escape of a

7-34 prisoner arrested or imprisoned on civil process.

7-35 (e) Except as otherwise provided in NRS 11.215, an action to recover

7-36 damages for injuries to a person or for the death of a person caused by the

7-37 wrongful act or neglect of another. The provisions of this paragraph

7-38 relating to an action to recover damages for injuries to a person apply only

7-39 to causes of action which accrue after March 20, 1951.

7-40 5. Within 1 year:

8-1 (a) An action against an officer, or officer de facto , to recover goods,

8-2 wares, merchandise or other property seized by the officer in his official

8-3 capacity [,] as tax collector, or to recover the price or value of goods,

8-4 wares, merchandise or other personal property so seized, or for damages

8-5 for the seizure, detention or sale of, or injury to, goods, wares,

8-6 merchandise or other personal property seized, or for damages done to any

8-7 person or property in making the seizure.

8-8 (b) An action against an officer, or officer de facto , for money paid to

8-9 the officer under protest, or seized by the officer in his official capacity [,]

8-10 as a collector of taxes, and which, it is claimed, ought to be refunded.