How long do you have to file a personal injury claim in Nevada, and what exceptions might extend or shorten this deadline?

Time is critical after suffering injuries caused by someone else's negligence. Nevada law imposes strict deadlines for filing personal injury lawsuits, and missing these deadlines typically means losing your right to compensation permanently, regardless of how strong your case may be. Understanding Nevada's statute of limitations helps protect your legal rights and ensures that you take timely action to pursue the compensation you deserve.

Nevada's Two-Year Personal Injury Deadline

Under Nevada Revised Statutes Section 11.190(4)(e), most personal injury claims must be filed within

two years from the date of injury. This deadline applies to common accident types including:

• Motor vehicle accidents (car, truck, motorcycle)
• Slip-and-fall and premises liability incidents
• Dog bites and animal attacks
• Assault and battery cases
• General negligence claims

The two-year period typically begins on the date of the accident. For example, if you were injured in a car crash on January 15, 2024, you generally have until January 15, 2026, to file a lawsuit in Nevada courts.

The Discovery Rule: When Injuries Aren't Immediately Apparent

Some injuries don't manifest immediately or aren't discoverable right away. Nevada recognizes the discovery rule for certain cases, allowing the statute of limitations to begin when you discover, or reasonably should have discovered,your injury.

Common discovery rule situations include:

• Medical malpractice where surgical errors aren't immediately known
• Toxic exposure injuries that develop over time
• Defective product injuries with delayed symptoms
• Latent injuries that don't present symptoms initially

Proving delayed discovery, however, requires substantial evidence. Courts examine what a reasonable person would have known about the injury and when they should have investigated potential injuries. Documentation and medical records become crucial in these cases.

Important Exceptions and Special Rules

Minors and Legal Incapacity

When injured parties are under 18 years old or are legally incapacitated at the time of injury, Nevada law

tolls (pauses) the statute of limitations. The two-year period doesn't begin until:

• The minor reaches age 18, or
• The incapacitated person regains legal capacity

This protection ensures vulnerable individuals don't lose legal rights due to circumstances beyond their control.

Government Entity Claims

Lawsuits against government entities follow significantly different rules with much shorter deadlines. Nevada Revised Statutes Section 41.036 requires claimants to file a notice of claim within six months of the incident for claims against:

• State of Nevada agencies and employees
• County governments and officials
• City and municipal entities
• School districts and public educational institutions

This notice must include specific information about the incident, injuries, and damages sought. Only after the government reviews and denies your claim (or 90 days pass without response) can you file a lawsuit. Missing the six-month notice deadline typically bars your claim entirely.

Defendant Absence from Nevada

If the liable party leaves Nevada after causing injury but before you file suit, the time they're absent from the state may not count against your two-year deadline. This tolling provision prevents defendants from running out the clock by avoiding Nevada jurisdiction.

Medical Malpractice Claims

Medical malpractice cases have modified timing rules under NRS 41A.097. While the general rule is two years from discovering the malpractice, these claims must be filed within:

• Two years from discovery of the injury, or
• Three years from the date of the negligent act

Whichever deadline comes first applies. This creates an absolute three-year cutoff even if injuries weren't discovered within that timeframe, with limited exceptions for foreign objects left in the body.

Wrongful Death Actions

Wrongful death claims under NRS 12.100 must be filed within two years from the date of death, not necessarily from the date of the injury or incident that caused death. This distinction matters when injuries lead to death after extended medical treatment.

Consequences of Missing the Deadline

Failing to file within the statute of limitations typically results in case dismissal, permanently barring you from pursuing compensation. Courts strictly enforce these deadlines with few exceptions even if you have:

• Clear evidence of negligence
• Documented severe injuries
• Significant financial damages
• Witness testimony supporting your claim

None of these factors matter if you miss the filing deadline. The case will be dismissed, and you'll lose your right to recovery.

Why Acting Quickly Protects Your Case

Beyond legal deadlines, prompt action offers practical advantages, such as:

Evidence Preservation: Accident scenes change, surveillance footage gets deleted, and physical evidence disappears. Early legal involvement preserves critical proof.

Witness Memory: Witness recollections fade over time. Securing statements promptly ensures accurate testimony.

Medical Documentation: Establishing clear connections between accidents and injuries requires timely medical evaluation and comprehensive records.

Insurance Claim Coordination: Insurance companies impose their own reporting deadlines. Delayed reporting can result in claim denials even if lawsuits are filed in a timely manner.

Negotiation Leverage: Cases filed well before deadline expiration demonstrate seriousness and preparation, strengthening negotiating positions.

Nevada-Specific Statute of Limitations Summary

Frequently Asked Questions

Does the statute of limitations pause while I'm negotiating with insurance? No. Insurance negotiations don't extend filing deadlines. The statute continues running regardless of settlement discussions, making it crucial to file before the deadline if negotiations have not led to a resolution.

What if I didn't know who caused my injury right away? The statute typically runs from the injury date, not from when you identify the responsible party. However, specific circumstances may affect timing, making legal consultation essential.

Can I reopen a case after the statute of limitations expires? Generally, no, unless you can prove fraud, concealment, or other extraordinary circumstances prevented timely filing. These exceptions are rare and difficult to establish.

Does filing an insurance claim extend my lawsuit deadline? No. Insurance claims and lawsuit filing deadlines operate independently. You must file suit within the statute of limitations regardless of insurance claim status.

Protecting Your Legal Rights

Nevada's statute of limitations exists to ensure cases proceed while evidence remains fresh and reliable. While these deadlines protect the legal system's integrity, they also create genuine risks for injured victims who delay seeking legal advice.

If you've been injured, consulting an attorney promptly helps ensure compliance with all applicable deadlines while preserving evidence and building the strongest possible case.

If you've been injured in Las Vegas or anywhere in Nevada, contact The Walsh Firm, Ltd. today for a free consultation. Our experienced personal injury attorneys will evaluate your case, determine applicable deadlines, and take immediate action to protect your right to compensation before time runs out.