“What is the statute of limitations for personal injuries in Nevada?”
A statute of limitations is the amount of time a person can lawfully bring a lawsuit against another person or entity. In Nevada, you may find this statute under Nevada Revised Statutes (NRS) 11.190.
In the State of Nevada, per NRS 11.190, a timeframe is created for number of civil cases that include auto accidents, slip and fall accidents, wrongful death accidents, and so on. In this article, our Las Vegas personal injury lawyer will dive deep into the makings of NRS 11.190 and what you need to know if you wish to pursue a personal injury claim.
Table of Contents
- NRS 11.190 – The Nevada Statute of Limitations Explained
- Nevada Statute of Limitations Civil Cases Timeframe by Accident Type
- Nevada Statute of Limitations and Minor Children
- Nevada Statute of Limitations and out-of-state Defendants
- Nevada Statute of Limitations FAQs
- Free Consultation With Our Injury Lawyer in Las Vegas, NV
NRS 11.190 – The Nevada Statute of Limitations for Personal Injury Explained
A statute of limitations sets a timeframe for filing a civil case in the courts based on its type. In other words, it sets a deadline by which the plaintiff must file a case. If a plaintiff fails to file by the end of the statute, they are no longer permitted under Nevada Law to file a claim.
So, for example, if an accident type that occurred on 01/01/2024 adheres to a one (1) year statute of limitations and the Plaintiff fails to file a lawsuit by 01/01/2025, they will no longer be able to collect a compensatory award for their damages.
Nevada Statute of Limitations Civil Cases Timeframe by Accident Type
Below you may find an outline of the current Nevada statute of limitations in civil cases by accident type. Please note this information is current as of 05/01/2024 and some timeframes may vary based on circumstance.
For current timeframes for accidents occurring after this date, please contact our law firm for a complimentary case review.
- Car accidents: 2 years
- Slip and fall accidents: 2 years
- Wrongful death: 2 years
- Products liability: 4 years
- Medical malpractice: 2 years
- Asbestos exposure: 1 year
- Construction defects: 6 years
- Breach of contract: 4-6 years (depending on oral v. written)
The Discovery Rule
In many situations, the victim may not immediately know that he or she has sustained an injury. In this scenario, the rule of discovery can be used to prolong the Nevada Personal Injury Statute of Limitations to begin on the date that the injured person discovers injury and their opportunity to file a claim.
The two-year Nevada Personal Injury Statute of Limitations rule still applies under the rule of discovery; however, it does not commence until the injured party has discovered, or should have reasonably discovered injury.
For example, if the injured party experiences chronic migraines a few weeks after a rear-end collision, this could be the result of a brain, neck, or back injury that was not immediately apparent at the time of the car accident.
Nevada Statute of Limitations and Minor Children
When considering minor children under Nevada’s statute of limitations, specific regulations come into play. Typically, the statute of limitations is paused, or tolled, until the child reaches 18. However, in instances of medical malpractice, the window narrows to one year after discovering the injury, regardless of age. For cases involving brain injuries, the timeframe extends until the child turns ten, or the standard statute of limitations in medical malpractice applies for older children.
In scenarios of sterility, the child has a two-year period post-injury to file a legal claim. Regarding sexual abuse claims, there’s a ten-year window after the child turns 18 or ten years from when the victim becomes aware of the injury, whichever occurs later. In cases involving child sexually abusive material, the deadline is when the victim reaches 18 or when a court issues a verdict in the event it becomes a criminal case.
For more information regarding this limitations period, contact our child injury lawyer.
Nevada Statute of Limitations and out-of-state Defendants
A frequent question I get asked is, “what happens if I was in an accident in Nevada with an out-of-state driver?”
If you file a personal injury claim for an accident that occurred in Nevada, but the driver resides out of state, the legal process may involve some additional complexities. Generally, you can still pursue a claim against the out-of-state driver in Nevada courts. However, serving legal documents and ensuring jurisdiction over the defendant might require adherence to specific procedures outlined in Nevada’s laws and potentially interstate legal agreements.
Typically, the out-of-state defendant would need to be properly served with legal notice of the claim, which may involve following Nevada’s rules for out-of-state service or utilizing procedures established under interstate agreements. Additionally, if the out-of-state defendant fails to respond to the claim or contest jurisdiction, the court may issue a default judgment in your favor.
It’s essential to consult with a qualified attorney experienced in personal injury cases, particularly those involving out-of-state parties, to ensure that your rights are protected and that you navigate the legal process effectively. They can provide guidance on the specific steps required and help you pursue fair compensation for your injuries.
Nevada Statute of Limitations FAQs
When it comes to the statute of limitations rule, there are a few key factors to bear in mind.
The first is the fact that, although the statute exists, waiting to file your claim until the 11th hour can result in a reduced compensatory award. Although you have two-years to file, it is imperative that we begin the discovery process as soon as your accident-injury occurs.
That said, in the event of a special circumstance where your statute of limitations is extended, you may contact an attorney to file a lawsuit on your behalf even if your deadline is fast approaching. As long as the lawsuit is filed by the deadline, you may still pursue a personal injury claim. Once filed, it doesn’t matter if your case takes 2-5 years to settle. A lawsuit has been filed and therefore the limitations rule does not factor into the timeline of your injury claim.
Contact our Personal Injury Law Office for a Free Consultation in Las Vegas, NV
If you fail to file a claim within the Nevada Personal Injury Statute of Limitations period, it is likely that your attempts to recover compensation from the at-fault party will be unsuccessful.
It is imperative that you consult with an attorney as quickly as possible following your accident or discovery of the injury. Your attorney will make sure your claim is properly filed within the Statute of Limitations timeframe so you can successfully recover damages that are owed to you.
At Brian Boyer Injury & Car Accident Lawyer Las Vegas we have helped hundreds of clients file claims before the expiration of their Nevada Personal Injury Statute of Limitations.
Contact us to schedule a free, no-obligation case review. Our law firm works on a contingency fee basis; that means you do not pay us unless we recover your settlement.
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- Nevada Modified Comparative Negligence Rule
- How to File a Personal Injury Claim Without a Lawyer
- Nevada Personal Injury Statute of Limitations
- How Long After a Car Accident Can You Sue in Nevada?
Let us help you
If you or a loved one have experienced injury due to the negligence of another person or entity, please do not hesitate to contact Brian Boyer, your Vegas injury lawyer, for a free case review. If he cannot help you, he will point you in the best direction for your specific needs. Call today at 702-514-1414.
