When Does the Statute of Limitations Begin?
The Statute of Limitations in Nevada begins on the date you received your injuries due to your accident; this is usually the accident date.
There are, however, certain exceptions that could cause the deadline to vary for personal injury claims in Nevada.
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 Statute of Limitations to begin on the date that the injured person discovers injury and their opportunity to file a claim.
The two-year Statute of Limitations rule still applies under the rule of discovery; however, it does not commence until the injured party has discovers, 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.
Tolling of Nevada Statutes of Limitations
A Statute of Limitations toll means that something has prevented the statute from “running” for a period of time.
The Nevada Statute of Limitations is typically tolled when the victim is a minor; under the age of 18, or is otherwise found mentally incompetent by the court. Tolling applies under the following situations under Nevada personal injury law:
- All personal injury cases with the exception of medical malpractice. If the victim was a minor when they suffered injury, the Statute of Limitations begins on their 18th birthday.
- In medical malpractice cases that affect a minor, the victims legal guardian is responsible for filing all personal injury paperwork within the Nevada Statute of Limitations period on behalf of their child.
Hire a Las Vegas Personal Injury Attorney
If you fail to file a claim within the Nevada 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 a Las Vegas personal injury attorney as quickly as possible following your accident or discovery of 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 The Injury Firm, we have helped hundreds of clients file personal injury claims that meet Nevada’s 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.