Nevada Statute of Limitations for Personal Injury Claims
- posted: Jan. 06, 2025
If you were injured in an accident or by someone else’s negligence in Nevada, one of the most important things to know is the statute of limitations. In short, the statute of limitations is a deadline to file a lawsuit. If you miss it, you could lose your right to get paid for your injuries. Nevada law is clear and knowing the details will make all the difference in getting you the justice you want.
What is the Statute of Limitations?
The statute of limitations is the time frame in which you can file a lawsuit after an injury or event. These laws are in place to encourage promptness, so cases get filed while the evidence is fresh and witnesses are still reliable. In Nevada, personal injury claims have a 2-year time limit but there are exceptions to this rule that can affect when you need to act.
Nevada Statute of Limitations for Personal Injury Claims
In Nevada, the standard statute of limitations for personal injury claims is 2 years from the date of the injury. Whether you were in a car accident, slipped and fell, or were injured by medical malpractice, you generally have 2 years to file a lawsuit. After this period the law bars you from pursuing your case and the responsible party can have the case dismissed.
Remember the clock starts ticking the day of the injury—not the day you realize the full extent of your injuries. For example, if you’re in an accident and don’t feel pain right away, the 2-year period still starts the day of the accident. But there are situations where the statute of limitations can be extended which we’ll get into below.
When Does the Statute of Limitations Start?
In most cases, the statute of limitations starts on the date of the injury or the date of discovery. If you’re in a car accident and feel pain right away, the 2 year period starts then. But in some cases like traumatic brain injuries or internal injuries, symptoms may not show up for weeks or even months. In those cases, the statute of limitations can start from the date of discovery giving you more time to file.
For example, in medical malpractice cases, you may not know about an injury caused by a doctor’s mistake until long after the procedure. In those cases, the statute of limitations may start when the injury is discovered—or when it should have been discovered—giving you more time to act.
Exceptions to the 2-Year Rule
While most personal injury cases in Nevada have a 2-year statute of limitations, some exceptions can give you more time to file your claim:
Minors: If the injured person is a minor (under 18) the statute of limitations is tolled until they turn 18. Once they turn 18 the 2-year clock starts ticking.
Discovery Rule: As we mentioned above if you didn’t immediately realize the extent of your injuries (like in medical malpractice or exposure to toxic substances) the statute of limitations is extended. In those cases, you’ll have more time to file from the date of discovery.
Wrongful Death: If someone dies as a result of an accident or injury, their family can file a wrongful death claim. The statute of limitations is 2 years from the date of death, not the date of the accident.
Government Entities: If your injury was caused by a government employee or entity special rules apply. The statute of limitations is much shorter in those cases—6 months from the date of the incident. You must give notice to the government entity within that time period before you can file a lawsuit.
Tolling: In some cases, the statute of limitations can be tolled (delayed). For example, if the defendant is a non-resident or out of state the time to file your claim may be paused until they get back to Nevada.
Why Does the Statute of Limitations Matter?
The statute of limitations is there to be fair to both plaintiffs and defendants. For plaintiffs, it encourages them to bring their claims forward while evidence is still intact and memories are still fresh. For defendants, it protects from having to defend against claims years after an event when evidence may be lost or memories may have faded.
Missing the statute of limitations can have big consequences. Even if you have a great case if you miss the deadline the defendant can file a motion to dismiss and the court will likely grant it. That’s why you need to act fast if you’ve been injured.
Why You Should Act Now
If you’ve been injured in an accident you need to contact an experienced attorney right away. An attorney will make sure your claim is filed within the statute of limitations and all the necessary paperwork is submitted on time. Plus they’ll gather evidence, interview witnesses, and navigate the legal complexities of personal injury cases in Nevada.
Beyond filing on time a lawyer will also help you get the compensation you deserve. They’ll explain your rights and fight for you to get you the best possible result.
This article was written by Benson & Bingham, a trusted Las Vegas car accident law firm specializing in personal injury cases for over 25 Years.
Summerlin
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Downtown
626 S 10th St
Las Vegas, NV 89101
Henderson
9230 S Eastern Ave #155
Las Vegas, NV 89123
Reno
1320 E Plumb Lane Ste A
Reno, NV 89502
Carson City
4530 S Carson St #4
Carson City, NV 89701
Nevada Statute of Limitations for Personal Injury Claims
- posted: Jan. 06, 2025
If you were injured in an accident or by someone else’s negligence in Nevada, one of the most important things to know is the statute of limitations. In short, the statute of limitations is a deadline to file a lawsuit. If you miss it, you could lose your right to get paid for your injuries. Nevada law is clear and knowing the details will make all the difference in getting you the justice you want.
What is the Statute of Limitations?
The statute of limitations is the time frame in which you can file a lawsuit after an injury or event. These laws are in place to encourage promptness, so cases get filed while the evidence is fresh and witnesses are still reliable. In Nevada, personal injury claims have a 2-year time limit but there are exceptions to this rule that can affect when you need to act.
Nevada Statute of Limitations for Personal Injury Claims
In Nevada, the standard statute of limitations for personal injury claims is 2 years from the date of the injury. Whether you were in a car accident, slipped and fell, or were injured by medical malpractice, you generally have 2 years to file a lawsuit. After this period the law bars you from pursuing your case and the responsible party can have the case dismissed.
Remember the clock starts ticking the day of the injury—not the day you realize the full extent of your injuries. For example, if you’re in an accident and don’t feel pain right away, the 2-year period still starts the day of the accident. But there are situations where the statute of limitations can be extended which we’ll get into below.
When Does the Statute of Limitations Start?
In most cases, the statute of limitations starts on the date of the injury or the date of discovery. If you’re in a car accident and feel pain right away, the 2 year period starts then. But in some cases like traumatic brain injuries or internal injuries, symptoms may not show up for weeks or even months. In those cases, the statute of limitations can start from the date of discovery giving you more time to file.
For example, in medical malpractice cases, you may not know about an injury caused by a doctor’s mistake until long after the procedure. In those cases, the statute of limitations may start when the injury is discovered—or when it should have been discovered—giving you more time to act.
Exceptions to the 2-Year Rule
While most personal injury cases in Nevada have a 2-year statute of limitations, some exceptions can give you more time to file your claim:
Minors: If the injured person is a minor (under 18) the statute of limitations is tolled until they turn 18. Once they turn 18 the 2-year clock starts ticking.
Discovery Rule: As we mentioned above if you didn’t immediately realize the extent of your injuries (like in medical malpractice or exposure to toxic substances) the statute of limitations is extended. In those cases, you’ll have more time to file from the date of discovery.
Wrongful Death: If someone dies as a result of an accident or injury, their family can file a wrongful death claim. The statute of limitations is 2 years from the date of death, not the date of the accident.
Government Entities: If your injury was caused by a government employee or entity special rules apply. The statute of limitations is much shorter in those cases—6 months from the date of the incident. You must give notice to the government entity within that time period before you can file a lawsuit.
Tolling: In some cases, the statute of limitations can be tolled (delayed). For example, if the defendant is a non-resident or out of state the time to file your claim may be paused until they get back to Nevada.
Why Does the Statute of Limitations Matter?
The statute of limitations is there to be fair to both plaintiffs and defendants. For plaintiffs, it encourages them to bring their claims forward while evidence is still intact and memories are still fresh. For defendants, it protects from having to defend against claims years after an event when evidence may be lost or memories may have faded.
Missing the statute of limitations can have big consequences. Even if you have a great case if you miss the deadline the defendant can file a motion to dismiss and the court will likely grant it. That’s why you need to act fast if you’ve been injured.
Why You Should Act Now
If you’ve been injured in an accident you need to contact an experienced attorney right away. An attorney will make sure your claim is filed within the statute of limitations and all the necessary paperwork is submitted on time. Plus they’ll gather evidence, interview witnesses, and navigate the legal complexities of personal injury cases in Nevada.
Beyond filing on time a lawyer will also help you get the compensation you deserve. They’ll explain your rights and fight for you to get you the best possible result.
This article was written by Benson & Bingham, a trusted Las Vegas car accident law firm specializing in personal injury cases for over 25 Years.
Summerlin
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Downtown
626 S 10th St
Las Vegas, NV 89101
Henderson
9230 S Eastern Ave #155
Las Vegas, NV 89123
Reno
1320 E Plumb Lane Ste A
Reno, NV 89502
Carson City
4530 S Carson St #4
Carson City, NV 89701
