Statute of Limitations for a Personal Injury Case in Nevada

• May 19 2024
• |   Personal Injury

A statute of limitations is the maximum period the law allows for filing a lawsuit. When you have suffered an injury due to another party’s negligence or wrongdoing in Nevada, time is of the essence when pursuing legal remedies. Like other states, Nevada has established statutes of limitations that set strict deadlines for filing a personal injury lawsuit. If you miss these deadlines, you may lose your right to recover damages through the legal system, regardless of the merits or circumstances of your case.

Given the complexity of personal injury law and the strict time constraints, consulting with our experienced personal injury attorney in Washoe County as soon as possible after an incident is advisable. This ensures that you have professional guidance to determine if you have grounds for a claim and to file within the applicable statute of limitations. Also, we can properly investigate your case, determine fault and liability, and help protect your rights.

Why hire our personal injury lawyer?

Leverty & Associates Law has represented injured victims in Nevada for over 20 years. We have legally supported and helped our clients through several personal injury cases. Our experienced attorneys can evaluate your claim and advise you on the best steps to take before time runs out.

Don’t delay; contact us today for a free, no-obligation consultation. We work on a contingency fee basis, so you pay nothing unless we win your case. Contact us in Reno at (775) 322-6636.

We will use our knowledge and experience to help you achieve your legal goals before the statute of limitations runs out.

What is the statute of limitations for personal injury claims in Nevada?

In Nevada, the statute of limitations for filing a personal injury claim is two years from the date of the accident or injury. You have two years to file a lawsuit against the at-fault party. After two years, you forfeit your right to recover compensation.

The two-year countdown begins on the date of the injury or accident that caused your damages. For example, if you were in a car accident on March 15, 2024, you would have until March 15, 2026, to file a personal injury claim.

However, the statute of limitations may be extended in some situations. This includes claims involving minors, mental incapacity, or delayed discovery of an injury. In such situations, it is best to speak to a Nevada personal injury attorney to determine if any exceptions apply to your case.

How the statute of limitations applies to your injury case

Suppose you suffered harm due to another’s negligence in Nevada. In that case, it is essential to understand how the statute of limitations applies to your personal injury case. The following are exceptions and nuances to be aware of:

• For cases involving a government agency as a defendant, you have two years to file a required notice of claim and two years after the notice to file a lawsuit.
• If the victim is a minor, the countdown typically does not begin until they turn 18. The parents or legal guardians must file on the minor’s behalf two years from their 18th birthday.
• The type of injury also matters. The statute of limitations is three years for injuries such as burns, wrongful death, or loss of a limb.

While the time frames above refer to the maximum limits, it is best to file as soon as possible while evidence and witnesses are still available. In conclusion, to determine how the statute of limitations fully applies to your personal injury case in Nevada and ensure your right to legal recourse, you should consult an attorney at Leverty & Associates Law as soon as possible. We have a proven track record and can evaluate the details of your case and advise you on the appropriate next steps to take.

Exceptions to the statute of limitations in Nevada

The following are the exceptions to the statute of limitations in Nevada:

Minors

If the injured party was under 18 at the time of the incident, the statute of limitations does not begin to run until the minor turns 18. The minor then has two years from their 18th birthday to file a personal injury lawsuit.

Discovery rule

Under the “discovery rule,” the statute of limitations begins to run when the plaintiff knew or should have known of the injury, not just when the injury occurred.

Our lawyers can help you and your loved ones take legal action within the specified time and recover compensation.

Fraudulent concealment

The statute of limitations may be tolled if the defendant actively covered up the negligent or intentional act. The clock would not start ticking until the plaintiff discovered the fraud or could have discovered it through reasonable diligence.

Continuous tort doctrine

For ongoing or repeated acts of negligence or harm, the statute of limitations may restart with each new act. For example, in a case of long-term exposure to toxic substances or medical malpractice spanning a long period of treatment, the plaintiff can recover damages for the entirety of the continuous tort.

Get help from Leverty & Associates Law

At Leverty & Associates Law, we have dedicated many years of experience and knowledge to our clients. We have helped them successfully achieve their legal goals at the right time. We are committed to every case we handle and will work tirelessly to help you secure a favorable outcome. Contact us in Reno at (775) 322-6636 for a free initial consultation.