The statute of limitations is the amount of time that you have to file a lawsuit after you have been injured due to the negligence of another person or party.
In Nevada, the statute of limitations for personal injury claims is two years from the date of the accident. This means that if you were in a car accident on January 1, 2020, you would have until January 1, 2022 to file a lawsuit against the at-fault driver.
If you do not file your lawsuit within this two-year period, you will most likely be barred from doing so and will not be able to recover damages for your injuries.
Every state has a different statute of limitations for each type of claim. Nevada’s statute of limitations are:
- Personal Injury: 2 years from the date of injury
- Property Damage: 3 years from date of damage
- Wrongful Death: 2 years from the date of death
- Product Liability: 2 years from the date of injury
- Medical Malpractice: 2 years from the date of injury or 3 years from the date of discovery, whichever is earlier.
When Does the Statute of Limitations Begin?
In Nevada, the majority of personal injury cases will have a two-year statute of limitations. The clock begins to run on the date of the injury, not the date of the accident. For example, if you were injured in a car accident on January 1, 2020, but did not realize you had been hurt until March 1, 2020, your deadline to file a lawsuit would be March 1, 2022.
Discovery Rule
If the injury was not discovered immediately, the limitations period may be extended to three years from the date of the accident. This is known as the “date of discovery” rule and it applies to cases where the injury is not immediately apparent, such as with certain types of injuries, diseases, or conditions.
For example, if you were in a car accident on January 1, 2020 and did not start experiencing symptoms of a concussion until March 1, 2020, your deadline to file a lawsuit would be March 1, 2023.
The “date of discovery” rule may also apply if the injury was caused by a defective product. In these cases, the statute of limitations may be extended to three years from the date the product was first used.
For example, if you were injured by a defective ladder on January 1, 2020 and did not discover the injury until March 1, 2020, your deadline to file a lawsuit would be March 1, 2023.
The “date of discovery” rule may also apply if the injury was caused by medical malpractice. In these cases, the statute of limitations may be extended to three years from the date the injury was first discovered or five years from the date of the negligent act, whichever is earlier.
For example, if you were injured by a doctor on January 1, 2020 and did not discover the injury until March 1, 2020, your deadline to file a lawsuit would be March 1, 2023.
Minors
If the injured person is a minor, the statute of limitations may be extended to two years from the child’s 18th birthday.
For example, if a child was injured in a car accident on January 1, 2020 and did not turn 18 until March 1, 2020, the deadline to file a lawsuit would be March 1, 2022.
Tolling
There are certain circumstances where the statute of limitations may be “tolled”, or paused. This usually happens when the injured person is not able to file a lawsuit due to some type of legal disability.
For example, if the injured person is mentally incapacitated, the statute of limitations may be tolled until the individual regains capacity.
The statute of limitations may also be tolled if the at-fault party is out of state or has left the country. In these cases, the clock may not start running until the at-fault party returns to Nevada.
Medical Malpractice involving minors
In Nevada the parents are allowed to bring a claim on behalf of their child until the child’s 8th birthday or 3 years from the date of the act, whichever is later.
If the parents do not bring a claim on behalf of their child within this time period, the child may bring a claim on their own behalf until their 10th birthday or 5 years from the date of the act, whichever is later.
Wrongful Death
If the injury resulted in death, the surviving family members may have up to two years from the date of death to file a wrongful death lawsuit. This deadline may be extended to four years if the death was caused by medical malpractice.
For example, if a child was injured by a doctor on January 1, 2020 and did not turn
The Statute of Repose
In addition to the statute of limitations, there is also a “statute of repose” in Nevada. This law sets an absolute deadline for filing a lawsuit, regardless of when the injury occurred.
For example, if you were injured by a defective product on January 1, 2020 but did not discover the injury until March 1, 2023, you would only have two years to file a lawsuit from the date of discovery.
This law applies to cases where the injury was caused by:
- A defective product
- Medical malpractice
- Construction defects
The statute of repose may be extended in certain circumstances, such as if the injury was caused by fraud or if the at-fault party is out of state or has left the country.
Contact a Las Vegas Personal Injury Attorney
If you have any questions about the statute of limitations in your case, you should speak with an experienced personal injury lawyer. We can help you navigate your legal options.
Call us at (702) 570-0000 or fill out the form for a free consultation.
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