Is There a Time Limit for Filing an Injury Lawsuit in NV?

February 1, 2021 Personal Injury

It is important to act quickly after an accident in Nevada. If you believe someone else’s actions caused you to suffer injuries, you may be able to hold him or her accountable in a personal injury lawsuit. These civil claims allow you to collect compensation for accident-related losses, such as medical expenses, lost wages, and pain and suffering.

If you wish to collect this compensation, you will need to adhere to the statute of limitations. This law sets a time limit for filing a personal injury lawsuit in Nevada. If you do not file your claim within this time period, the court will likely dismiss your claim.

Nevada’s Two-Year Statute of Limitations

Personal injury lawsuits in Nevada are subject to a two-year statute of limitations. This means that you will need to file your claim no later than two years from the date you suffered your injury.

If you did not and could not discover the harm until a later date, the discovery rule will apply to your claim. Instead of filing from the date of the accident, you will have two years from the date you knew or should have reasonably known about the injury to file your claim. Separate rules apply to medical malpractice claims.

If you file your claim after the two-year statute of limitations passes, the defendant in your claim will almost certainly file a motion to dismiss your case and the court will likely honor it. You will lose your right to collect compensation from the at-fault party. However, there are certain exceptions where the court will extend your filing window.

Exceptions to the Personal Injury Statute of Limitations in Nevada

Nevada has established several scenarios where a plaintiff may file a personal injury lawsuit after the statute of limitations passes. It is important to remember that these exceptions are rare; you should speak to an attorney as soon as possible to determine your correct filing deadline.

• If you were under the age of 18 at the time of the accident, you have two years after the day you turn 18 to file your lawsuit. This exception does not apply to medical malpractice cases.
• If the defendant in your claim leaves Nevada for any period of time during the statute of limitations, the court will not count his or her absence toward your filing deadline.
• If you are the victim of medical malpractice, you have three years after the date of the injury to bring your claim. If you do not know about the injury until a later date, you have up to one year after you discovered or should have discovered the injury to file.
• If your loved one passes away while he or she is filing a personal injury lawsuit, his or her estate has one year from the date of his or her death to file a claim as long as the statute of limitations was still valid. Make sure to consult with a wrongful death attorney in Las Vegas for help navigating this process.
• If your child is a victim of medical malpractice, you must file a claim within one year after discovering the injury. However, if the case involves brain damage or a birth defect, you will need to file by your child’s 10th birthday.

Speak to an Attorney to Determine Your Filing Deadline

If you are filing an injury claim in Nevada, it is important to seek the help of a Las Vegas personal injury lawyer as soon as possible. Your Las Vegas accident attorney will evaluate your case and identify the statute of limitations based on the circumstances surrounding your injury. After your consultation, your lawyer will begin gathering evidence and preparing paperwork, ensuring that you file your claim ahead of the appropriate deadline.

Contact a Henderson personal injury attorney as soon as possible to discuss your legal options.