- July 13 2023
- | Personal Injury
When you have suffered an injury due to the negligence or wrongdoing of another party in Nevada, time is of the essence in pursuing legal remedies. As with 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, it is advisable to consult with an experienced personal injury attorney in Washoe County as soon as possible after an incident. 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. They can properly investigate your case, determine fault and liability, and help ensure that your rights are protected before the clock 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. This means you have two years to file a lawsuit against the at-fault party. After two years, you forfeit your right to recover compensation.
- What is a statute of limitations? A statute of limitations is the maximum time period allowed by law for filing a lawsuit. In Nevada, the statute of limitations for personal injury claims is two years.
- When does the clock start ticking? 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, 2019, you would have until March 15, 2021 to file a personal injury claim.
- Are there any exceptions? In some situations, the statute of limitations may be extended. This includes claims involving minors, mental incapacity, or delayed discovery of an injury. It’s best to speak to a Nevada personal injury attorney to determine if any exceptions apply in your unique case.
Leverty & Associates has been representing injured victims in Nevada for over 20 years. 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.
How the Statute of Limitations Applies to Your Specific Injury Case
If you are an individual who has suffered harm due to another’s negligence in Nevada, it is important to understand how the statute of limitations applies to your particular personal injury case. The statute of limitations refers to the maximum period of time allowed by law for initiating a lawsuit.
In Nevada, the statute of limitations for personal injury cases is typically 2 years from the date of the accident or injury. However, there are exceptions and nuances to be aware of:
- For cases involving a government agency as a defendant, you have 2 years to file a required notice of claim and 2 years after the notice to file a lawsuit.
- If the victim is a minor, the countdown typically does not begin until they turn 18 years old. The parents or legal guardians have 2 years from that date to file on the minor’s behalf.
The type of injury also matters. The statute of limitations is 3 years for injuries such as burns, wrongful death, or loss of a limb. While the time frames shown 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 specific personal injury case in Nevada and ensure your right to legal recourse, you should consult with an attorney at Leverty & Associates 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
If the injured party was under 18 years of age 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.
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 actually occurred.
If the defendant actively covered up the negligent or intentional act, the statute of limitations may be tolled. The clock would not start ticking until the plaintiff discovered the fraud or could have discovered it through reasonable diligence. Defendants cannot benefit from concealing information about injuries they caused.
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 over a long period of treatment. The plaintiff can recover damages for the entirety of the continuous tort.
In summary, while Nevada generally has a two-year statute of limitations for personal injury claims, there are exceptions that can extend or toll the time period for filing a lawsuit. Consulting with a knowledgeable attorney is advisable, to determine if any exceptions may apply to your specific situation.
As you consider pursuing legal action for injuries sustained in Nevada, keep the statute of limitations firmly in mind. While two years may seem like ample time, it can pass quickly as you focus on recovery and treatment. Do not delay in consulting with a qualified attorney to evaluate your case and determine the best path forward.
They can properly assess liability, evaluate the merits of your claim, and handle the legal complexities so you can turn your attention to healing. Though no amount of money can undo the harm done, securing fair compensation can help alleviate the financial burdens caused or make it possible to access additional medical care.
Put your trust in a legal team with a proven track record of success in personal injury law to maximize your chances of obtaining the settlement you deserve. Call us at 775-322-6636 to schedule your free consultation. The clock is ticking, so take that first step today.