When must an injury victim file a lawsuit by in Nevada?

If you’ve been injured as a result of another’s negligence or intentional conduct in Nevada, it’s important to understand the time limits for filing a lawsuit so that you can effectively seek compensation for your injuries. This time limit, known as the statute of limitations, is important because if you miss the deadline, you may lose your right to pursue legal action.

In Nevada, the statute of limitations for filing a personal injury lawsuit is ordinarily two years from the date upon which the harm at issue occurred. Whether you were hurt in a car accident, while slipping and falling on another’s property, as a result of a doctor’s negligence or for any other reason, this timeframe generally applies. The same holds true if you are thinking about filing a wrongful death lawsuit due to the loss of a loved one.

If you do not file your lawsuit within this two-year period, the judge assigned to your case will likely dismiss it, and you will be barred from seeking compensation in the civil courts.

Special considerations

While the two-year statute of limitations is fairly straightforward – and applies to most personal injury cases – there are some exceptions and special circumstances that may impact your ability to file a lawsuit outside of this otherwise strict two-year period. These considerations include:

• Discovery rule: Under certain circumstances, legally-actionable harm may not be immediately apparent. If you discover that you have been harmed in a legally-actionable way after the incident that caused the harm – for example, an x-ray reveals that the source of your pain is a towel left in your body after a previous surgery – the statute of limitations may begin on the date you discovered, or should have reasonably become aware of, the injury. To that end, medical malpractice claims generally remain actionable from three years from the date of injury or discovery, not two.
• Minors: If an injury victim is a minor under the age of 18 years old, they may be empowered to seek justice for harm caused during childhood until they turn 20.
• Government claims: If your injury claim is against a government entity, such as a city or state agency, special rules apply. You must file a formal claim with the government entity within a shorter time frame, typically six months. After the government denies your claim or fails to respond, you have a limited time to file a lawsuit.

Even though you may have a few years to file a lawsuit, it is important to act quickly. Evidence can disappear, memories can fade and bills can pile up fast.