In Las Vegas, the deadline for filing a lawsuit after a car accident is generally two years from the date of the accident. This standard two-year statute of limitations is set by Nevada law (NRS 11.190(4)(e)), meaning you must file your claim in court within two years or lose your right to pursue compensation for injuries, medical expenses, damage, or pain and suffering associated with the crash.
Consulting a Las Vegas car accident lawyer early can ensure you don’t miss this critical window and help you pursue compensation for injuries, medical expenses, property damage, and pain and suffering.
Contact Valiente Mott Injury Attorneys
How Long Do I Have to File a Car Accident Lawsuit in Las Vegas?
What Happens If You Miss the Two-Year Deadline?
If you try to file a lawsuit after the statutory deadline passes, your case will almost always be thrown out by the court as “time-barred.” This means you lose the ability to recover compensation through a lawsuit. Courts in Nevada adhere strictly to this rule except where the law specifically provides an exception, no matter how strong your case would have been otherwise.
Situations That May Change the Filing Deadline
While the two-year period applies in most accident cases, certain factors or scenarios may change when the “clock” starts or influence how long you have to bring a claim.
Injured Minors
If the person hurt is under 18 years old when the accident happens, Nevada law “tolls” (pauses) the statute of limitations. The victim typically has until their 20th birthday, two years after reaching age 18, to file a claim, making exceptions to protect injured children or teens who would otherwise lack the legal ability to start a suit right away.
Delayed Discovery of Injuries
Sometimes injuries aren’t immediately identified after a car accident. In cases involving latent or slowly emerging medical issues, courts may apply the “discovery rule.” The statute of limitations could begin on the date the injury is discovered, or on the date it should have reasonably been discovered, rather than on the date of the crash. This exception involves a high evidentiary standard and typically requires clear, medical documentation of the delayed diagnosis.
Claims Against Government Entities
If a Las Vegas accident is caused by a government employee, city bus, or a hazard on public property, shorter and special reporting deadlines may apply. Nevada law generally requires you to file an official notice of the claim against government agencies well before the general two-year statute, often within six months, or you’re barred from going forward. Failure to strictly meet these notice requirements nearly always leads to the loss of any potential lawsuit.
Defendant Leaves State
If the at-fault driver or defendant leaves Nevada after the accident but before you file your lawsuit, the statute of limitations may be tolled during their absence from the state. This rule means the filing deadline generally won’t continue to run while the defendant is not present in Nevada, ensuring their absence doesn’t prevent you from bringing your claim. Once the defendant returns to the state, the countdown to file your lawsuit will resume.
Because filing deadlines for car accident lawsuits can be complicated, and you could lose your chance to file if you misunderstand the deadline, consult a Las Vegas personal injury attorney as early as possible following your Las Vegas car accident. Our team is always here to help. Reach out to schedule your free case evaluation.
