It is always best to talk to our personal injury lawyers as soon as possible following an accident. Sometimes, there may be reasons that time passes before you file a claim. It may take some time to investigate. You may have serious injuries that prevented you from contacting a lawyer.
Whatever the situation, you should understand that there are time limits to filing a claim. There are also some exceptions. Our lawyers explain the Nevada personal injury statute of limitations.
Never assume that it is too late to file your case. At the Nevada Accident Injury Lawyers, we are dedicated to fighting for what you deserve. We will explore all the ways you may bring your claim. Contact us today for a personalized evaluation of your case.
What is the statute of limitations for personal injury in Nevada?
A victim has two years to begin a personal injury case in Nevada.
What is the law for the Nevada statute of limitations?
The law for the statute of limitations in Nevada is Nevada Revised Statutes § 11.190. It lists the time limits for various civil actions in years. Time limits range from one year to six years, depending on the type of action.
Nevada Revised Statutes § 11.190 – Personal Injury Statute of Limitations
A person has two years to bring an action to recover damages for injury or death caused by the wrongful act or neglect of another. N.R.S. § 11.190 covers a variety of personal injury claims, including:
- Car accidents
- Bicycle, pedestrian, and motorcycle accidents
- Trucking accidents
- Slip and falls
- Premises liability
- Animal attacks
- Other negligence
- Wrongful death
- Assault and battery
For most personal injury claims, and claims arising from the negligent/wrongful acts of another, the victim has two years to begin their case. However, there are some important exceptions.
Exceptions to the Statute of Limitations in Nevada
What is the statute of limitations for medical malpractice in Nevada?
If a personal injury occurs because of medical malpractice, the victim has 1-3 years to bring a legal claim. They have one year from the time they realize the injury or one year from when they should have realized the injury. Alternatively, they have three years from when the injury occurs, whichever is shorter.
Nevada Revised Statutes § 41A.097(2).
Is the statute of limitations in Nevada different when the victim is a minor?
If the victim is a minor, there may be a different statute of limitations for a personal injury claim. An amendment to NRS § 11.215 changed these time frames and took effect on June 2, 2021. The limit that applies to a minor depends on the case type:
- General personal injury — The statute of limitations is tolled until the child turns 18
- Medical malpractice causing brain damage or birth defect — The statute of limitations is tolled until the child turns 10
- Sexual abuse — Action must be commenced within 20 years of the plaintiff turning 18 years of age
- Victim of pornography involving minors — There is no limitation on when the action to recover damages may be filed
See N.R.S. § 11.250, § 11.215, § 41A.097
Does Nevada have a discovery rule?
Yes, Nevada has a discovery rule. The statute of limitations may be tolled until the victim realizes or should have realized their injury.
*It is important to contact a lawyer as soon as you suspect that a personal injury may have occurred.
Nevada Personal Injury Statute of Limitations F.A.Q.s
What is a statute of limitations?
The statute of limitations is a time limit for bringing a legal claim in Nevada. There are different time limits for different types of cases. If the plaintiff files the case after the deadline, the defense can have the case easily dismissed, even if they are clearly at fault.
Who chooses the statutes of limitations in Nevada?
The statute of limitations is a law. The courts might clarify or decide how the law applies to a particular case. However, the state legislature passed the laws to create various time limits for legal claims in Nevada.
What is the statute of limitations for product liability in Nevada?
The statute of limitations for product liability in Nevada is two years. N.R.S. § 11.190.
The courts have addressed questions about whether product liability claims rooted in physical injury should fall under a more lenient, four-year limitations period used for breach of warranty and merchantability or the catch-all limitations period of four years stated in N.R.S. § 11.220. However, in Coryell v. United States, 2:18-CV-00593 (D. Nev. 2019), the court clarified that claims for product liability causing personal injury are subject to the two-year statute of limitations for personal injury claims identified in N.R.S. § 11.190.
Is the statute of limitations tolled while someone is unconscious or disabled?
Nevada Revised Statutes § 11.250 allows for tolling of the statute of limitations when the victim is insane. They must have a mental disability that prevents them from managing their own affairs – not merely being ill or recovering from their injuries. Contact us as soon as possible so that we can advocate for your rights.
See Smith v. City of Reno, 580 F.Supp. 591 (D. Nev. 1984).
What is the statute of limitations for a wrongful death claim in Nevada?
The statute of limitations for a wrongful death claim in Nevada is two years. Like other personal injury claims, wrongful death arises from the wrongful acts of another, subject to the two-year time limit in N.R.S. § 11.190.
How long after a car accident can you sue in Nevada?
Generally, you can sue for up to two years following a car accident in Nevada.
Even if you are continuing your course of treatment, contact us as soon as possible. Our lawyers can help you identify current and future damages as part of your claim.
What is the deadline if a personal injury claim is against the government?
Each person making a claim against the state of Nevada or any of its agencies must file the claim within two years of the injury.
N.R.S. § 41.036
Lawyers for the Statute of Limitations in a Personal Injury Claim
Are you wondering if it is too late to bring a personal injury claim? Let our lawyers investigate your situation and use every possible legal avenue to pursue compensation for you. At Nevada Accident Injury Lawyers, we are a dedicated team of personal injury lawyers serving Las Vegas and Southern Nevada.
Do not wait any longer to contact our personal injury lawyers about your case. We have a wealth of experience and knowledge, so let us represent you! Call or message us for your confidential consultation.