If youโve been injured in an accident or need to take legal action in Nevada, itโs important to understand the statute of limitations. This legal rule sets the time limit for when you can file a lawsuit. If you miss the deadline, you may lose your right to secure compensation.
In this article, weโll explain what the statute of limitations is, how it works in Nevada, and what time limits apply to different types of casesโespecially personal injury cases.
What Does โStatute of Limitationsโ Mean?
A statute of limitations is a law that sets a deadline for filing a lawsuit. Once the time limit has passed, the court will usually not let you file a case. This rule aims to ensure cases are brought while the evidence is still fresh and reliable.
It also protects people from being sued for events that happened too long ago. In Nevada, the time limits vary depending on the type of case. Thatโs why knowing which rules apply to your situation is important.
Nevadaโs Statute of Limitations for Personal Injury Cases
In Nevada, the statute of limitations for personal injury cases is generally two years from the date of the injury. This rule is found under Nevada Revised Statutes (NRS) 11.190(4)(e). This two-year deadline applies to many common injury cases, such as:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Assault or battery
The clock usually starts ticking on the day the injury occurs.
Nevadaโs Statute of Limitations for Wrongful Death
A wrongful death case is when someone dies due to another personโs careless or harmful actions. The statute of limitations for wrongful death in Nevada is also two years from the date of the personโs death. This means that the family or estate of the deceased has two years to file a lawsuit for damages, such as:
- Funeral costs
- Lost wages
- Loss of companionship
- Medical expenses before death
If your loved one passed away due to someone else’s negligence, it’s important to act quickly to protect your rights.
Nevadaโs Statute of Limitations for Property Damage
In Nevada, if someone damaged your personal propertyโlike your car or homeโyou have three years from the date the damage happened to file a lawsuit. For example, if someone crashes into your parked car, you have up to three years from that date to file a legal claim for the damages.
Nevadaโs Statute of Limitations for Medical Malpractice
Medical malpractice cases are a bit more complicated. In Nevada, you must file your lawsuit no later than three years from the date the injury occurred, or one year from the date you discoveredโor reasonably should have discoveredโthe injury, whichever is earlier. Medical cases can be tricky, so itโs best to talk to a lawyer right away if you think you have one.
Are There Any Exceptions?
Yes, there are a few important exceptions to the statute of limitations:
Minors (Children Under 18)
If the person injured is a minor, the statute of limitations usually doesnโt start until they turn 18. For example, if a child is injured at age 15, they may have until age 20 to file a personal injury lawsuit.
Mental Incapacity
If the injured person is mentally unable to manage their affairs, the time limit may be paused until they are mentally fit.
Fraud or Concealment
If someone hides their wrongdoing or lies about what happened, the deadline may be extended until the truth is discovered.
These exceptions can give people more time to file a claim, but itโs still best to act as soon as possible.
Contact Our Nevada Personal Injury Law Firm For Help Today
If youโve been injured in Las Vegas, NV, or the surrounding Nevada area and need legal help, contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. Weโre proud to serve Clark County and the surrounding areas.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.