What are Statute of Limitations?

Statute of limitations are legal deadlines that set the maximum time you have to file a lawsuit after an injury occurs. In Nevada, you typically have two years from the date of your injury to file a personal injury claim, though this deadline varies depending on the type of case. Missing this deadline means losing your right to seek compensation forever, regardless of how strong your case might be.

Understanding these deadlines is crucial when you’ve been injured due to someone else’s negligence. The law doesn’t pause while you recover from your injuries or negotiate with insurance companies. Every day that passes brings you closer to permanently losing your legal rights.

This article from our personal injury resources explains Nevada’s specific statute of limitations deadlines, when the legal clock starts ticking, and the limited circumstances that can extend these deadlines.

What are Statutes of Limitations Exactly?

A statute of limitations is a legal deadline that defines the maximum time period within which you can initiate legal proceedings after an event, such as an injury or a crime, has occurred. Once this time period expires, your right to bring a claim or press charges is typically lost, barring certain exceptions.

These laws exist to ensure fairness in the legal system by:

• Protecting would-be defendants from facing indefinite threats of legal action.
• Encouraging the timely filing of claims when the evidence is still fresh.
• Promoting judicial efficiency by resolving disputes within a reasonable time frame.

Statutes of limitations apply to both criminal law and civil law matters. Still, the time limits and rules can vary widely depending on the type of offense or claim, jurisdiction, and specific circumstances.

It’s important to know when the limitations period starts, which is usually when the cause of action starts or when the injury is found. This will help you protect your legal rights and avoid having your case dismissed.

What are the Legal Deadlines for Injury Claims in Nevada?

Nevada law sets specific time limits for different types of injury and damage claims. You need to know exactly which deadline applies to your situation to protect your right to compensation.

Type of Claim	Time Limit	Nevada Statute
Personal Injury	2 years	NRS 11.190(4)(e)
Wrongful Death	2 years	NRS 11.190(4)(e)
Medical Malpractice	3 years or 1 year from discovery	NRS 41A.097
Property Damage	3 years	NRS 11.190(3)(c)
Product Liability	2 years for injury, 3 for property	NRS 11.190
Claims Against Government	2 years with notice requirements	NRS 41.036

Personal Injury Two Years

You have exactly two years from the date you were injured to file a personal injury lawsuit in Nevada. This deadline covers car accidents, slip and fall claims, dog bites, and any other situation where someone else’s negligence caused you physical harm.

The courts enforce this deadline strictly. If you miss the filing deadline for your lawsuit, you risk having your case dismissed and losing your right to seek compensation.

Wrongful Death Two Years

When someone dies because of another person’s wrongful act or negligence, surviving family members have two years to file wrongful death claims in Nevada. The clock starts ticking on the date of death, not necessarily the date of the accident that caused the fatal injuries.

Only certain family members can file these claims under Nevada law. This typically includes spouses, children, parents, and, in some cases, other dependents who relied on the deceased financially.

Medical Malpractice: Three Years or One Year from Discovery

In Nevada, medical malpractice cases have a different rule. You have three years from the time of the medical error or one year from the time you found out about it, whichever comes first.

This discovery rule recognizes that some medical negligence errors aren’t immediately obvious. For example, if a surgeon leaves a surgical instrument inside you, the clock might not start until you discover it during a later X-ray or procedure.

Property Damage Three Years

If someone damages your car, home, or other personal property, you have three years to file a lawsuit seeking compensation. This gives you more time than personal injury claims because property damage is often easier to assess and doesn’t involve the same urgency as physical injuries.

You can seek compensation for repair costs, replacement value, or diminished value depending on the extent of the damage and your specific situation.

Product Liability Generally Two Years

If you get hurt by a defective product, the personal injury statute of limitations usually applies. This means you have two years to file a lawsuit. If the broken product only damages your property and doesn’t hurt you, you have three years to make your claim.

These cases can be complex because they often involve multiple defendants, including manufacturers, distributors, and retailers.

Claims Against Government: Special Notice and Two Years

Suing a government entity in Nevada requires following special procedural rules. You must file a formal notice of claim with the appropriate government agency before you can file a lawsuit.

The notice requirements are strict and vary depending on which government entity you’re suing. Missing these procedural steps can prevent you from pursuing your case entirely, even if you’re well within the two-year deadline.

When Does the Time Limit Start?

It’s not enough to know how long your deadline is; you also need to know when the statute of limitations begins to run. “Accrual” is the legal term for when your claim starts.

Date of Injury Versus Accrual

For most personal injury cases, your claim accrues, and the clock starts running on the date you were injured. If you’re hurt in a car accident on January 1st, you have until January 1st two years later to file your car accident claims.

However, some injuries aren’t immediately apparent or discoverable. In these situations, the law recognizes that starting the clock on the injury date would be unfair to victims.

Discovery Rule and Delayed Discovery

The discovery rule delays the start of the statute of limitations until you discover your injury or reasonably should have discovered it. This exception often applies in situations involving:

• Hidden Medical Malpractice: Cancer misdiagnoses discovered years after the initial error
• Toxic Exposure: Illnesses that develop slowly from chemical or asbestos exposure
• Fraudulent Concealment: When defendants intentionally hide their wrongdoing from victims

Courts require that you exercise “reasonable diligence” in discovering your injury. You can’t ignore obvious warning signs and then claim you didn’t know about the problem.

Can the Statute of Limitations Be Extended?

Nevada law recognizes certain situations in which fairness requires “tolling” or pausing the statute of limitations. Think of tolling as hitting the pause button on your legal clock.

Minors and Legal Disability

Children injured before age 18 receive special protection under Nevada law. Their statute of limitations doesn’t begin until they turn 18, meaning they typically have until age 20 to file personal injury claims.

Similarly, people who are mentally incapacitated and unable to manage their legal affairs may have their deadlines paused until they regain capacity or a legal guardian is appointed.

Defendant Out of State Tolling

Nevada law pauses the statute of limitations while a defendant is absent from the state. This rule, found in NRS 11.300, prevents defendants from running out the clock by simply leaving Nevada after causing harm.

The clock resumes ticking once the defendant returns to Nevada. This protection ensures that victims aren’t penalized when defendants flee to avoid responsibility.

Fraudulent Concealment

When defendants actively conceal their wrongdoing, they can’t benefit from the statute of limitations. Examples include doctors altering medical records to cover up mistakes or companies hiding safety reports about dangerous products.

The concealment must be planned and done on purpose, not just by not giving information. Courts consider whether the defendant did anything to prevent the victim from learning about the harm.

Are There Claims With No Statute of Limitations in Nevada?

While nearly all civil claims have filing deadlines, certain serious crimes have no time limit for criminal prosecution. These include murder, acts of terrorism, and sexual assault when DNA evidence is available.

It’s crucial to understand the difference between criminal cases and civil lawsuits. The state brings criminal cases to punish wrongdoers. Civil lawsuits are filed by victims seeking compensation for their damages.

Even when there’s no criminal statute of limitations, victims still face deadlines for filing civil lawsuits seeking money damages. The lack of a criminal deadline doesn’t extend your time to seek compensation.

What Happens If You Miss the Deadline?

Missing the statute of limitations has devastating consequences that are almost impossible to overcome. If you file your lawsuit after the deadline has passed, the defendant will likely ask the court to dismiss your case, and judges often grant these dismissal requests.

This means you lose your right to seek compensation permanently, regardless of how badly you were injured or how clearly the defendant was at fault. The strength of your case becomes irrelevant once the deadline passes.

There are minimal exceptions to this rule:

• Equitable Estoppel: When the defendant’s actions prevented you from filing on time
• Continuing Violations: Ongoing harmful conduct that extends the deadline
• Computational Errors: Genuine mistakes in calculating the exact deadline

These exceptions are rare and difficult to prove. Courts are reluctant to excuse missed deadlines because the law places the burden on plaintiffs to protect their own rights.

Why Acting Quickly Helps Your Case

Beyond simply meeting the legal deadline, taking prompt action strengthens your position and improves your chances of securing fair compensation. Early action provides several strategic advantages that can make the difference between a successful case and a disappointing outcome.

Fresh evidence is one of the most compelling reasons to act quickly. Witness memories fade over time, surveillance footage gets erased, and physical evidence at accident scenes disappears. The sooner you begin building your case, the more evidence you’ll be able to preserve.

Insurance companies also take early claims more seriously after hiring a car accident lawyer. When they know you’re well within the deadline to file a lawsuit, they’re more likely to engage in good-faith negotiations and offer reasonable settlements.

• Preserve Crucial Evidence: Witness statements, photos, and documents remain available.
• Stronger Negotiation Position: Insurance companies respect plaintiffs who act decisively.
• Time for Thorough Investigation: Your attorney can properly build your case without rushing.
• Reduced Stress: No anxiety about approaching deadlines or lost opportunities.

Acting quickly also gives your attorney time to conduct a comprehensive investigation, consult with expert witnesses, and develop the strongest possible legal strategy for your specific situation during the litigation process.

Act Now to Protect Your Rights: Don’t Miss the Statute of Limitations

Understanding what the statute of limitations is and its importance is absolutely crucial to protecting your legal rights after an injury. This legal deadline ensures that claims are brought within a reasonable time frame while evidence remains fresh. 

Failing to meet the applicable statute of limitations can result in permanently losing your right to legal recourse, regardless of the merits of your case, making prompt action essential.

Contact An Attorney to Ensure You Don’t Miss the Deadline

If you’ve been injured and are unsure about the specific legal deadlines that apply to your situation, time is of the essence. At Ladah Injury & Car Accident Lawyers Las Vegas, we understand the urgency and complexity of these legal deadlines. Our experienced team is dedicated to guiding you through the process, ensuring your case is filed promptly and handled with expert care.

Don’t lose the opportunity to receive your compensation. Contact us today for a free consultation and take the first critical step toward protecting your future.

Frequently Asked Questions

Does Filing an Insurance Claim Stop the Statute of Limitations?

No, filing an insurance claim does not pause or stop the legal deadline for filing a lawsuit. Only filing an actual lawsuit in court preserves your right to seek compensation if insurance negotiations fail.

What Is the Difference Between the Statute of Limitations and the Statute of Repose?

A statute of limitations starts when an injury occurs or is discovered, while a statute of repose sets an absolute deadline from a specific event, regardless of when the injury happens. For example, a building defect statute of repose might start when construction is completeted.

Does Being Partially at Fault Change My Filing Deadline?

No, Nevada’s comparative fault rules may reduce your compensation based on your percentage of fault, but they don’t change the two-year deadline to file your personal injury lawsuit.

What Happens If the Person Who Injured Me Leaves Nevada?

Nevada law pauses the statute of limitations while the defendant is out of state, giving you additional time to file your lawsuit once they return to Nevada.

Do I Have to File a Lawsuit Before the Deadline Expires?

Yes, you must file the actual lawsuit with the court before the deadline passes. Simply hiring an attorney, sending demand letters, or negotiating with insurance companies is not sufficient to preserve your rights.

Can I Still Negotiate After the Statute of Limitations Expires?

Once the deadline passes, you lose all leverage in negotiations because you can no longer threaten to file a lawsuit. Insurance companies know this and will typically refuse to offer any meaningful settlement.

How Do Filing Deadlines Work for Injured Children in Nevada?

Children generally have until their 20th birthday to file personal injury lawsuits in Nevada, as the two-year clock doesn’t start until they turn 18. However, parents or guardians can file claims on behalf of minor children before they reach adulthood.