Statute of Limitations for Personal Injury Claims in Nevada

Car accidents, slip-and-fall incidents, and other injuries caused by someone else’s negligence can have serious financial and personal consequences. Understanding the statute of limitations in Nevada is crucial to protecting your right to compensation.

In Nevada, the Nevada statute of limitations generally gives you two years from the date of your accident to file most personal injury claims. Missing this deadline can prevent you from recovering damages for medical bills, lost wages, and other losses. Acting quickly preserves evidence, strengthens your claim, and ensures the best possible outcome.

Table of Contents

1. What Is the Statute of Limitations in Nevada?
2. When Does the Statute of Limitations Begin?
3. Nevada Statute of Limitations by Claim Type
4. Statute of Limitations for Car Accidents in Nevada
5. Why Acting Quickly Matters
6. Property Damage vs. Bodily Injury Deadlines
7. Exceptions and Special Circumstances
8. What Happens If the Deadline Passes?
9. How to Protect Your Claim Timeline
10. How a Las Vegas Lawyer Can Help
11. Contact Valiente Mott Injury Attorneys

What Is the Statute of Limitations in Nevada?

he statute of limitations is the legal timeframe in which you must file a personal injury lawsuit after an accident. The Nevada personal injury statute of limitations is two years from the date of the accident for most cases, as specified in Nevada Revised Statutes 11.190(4)(e).

Once this deadline passes, courts will almost certainly dismiss your claim unless a legal exception applies. Filing your claim with an experienced Las Vegas personal injury attorney stops the clock, allowing you to:

• Investigate the circumstances of your accident
• Gather evidence and medical records
• Negotiate with responsible parties
• Prepare for litigation if necessary

Failing to file before the deadline makes it extremely difficult – or even impossible – to pursue compensation.

When Does the Statute of Limitations Begin?

In Nevada, the statute of limitations typically begins on the date of the accident or injury – the moment the harmful event occurs. This is called the “accrual date.”

However, there are cases where the victim may not immediately realize they were injured or that negligence caused their injury. In these situations, Nevada applies the “discovery rule.” This rule allows the clock to start when:

• The injury was discovered, or
• The injury reasonably should have been discovered through due diligence

For example, if a car accident causes a spinal injury that isn’t diagnosed until months later, the two-year clock may begin when the injury is identified – not on the accident date.

The same principle can apply to medical malpractice, toxic exposure, or product defect cases where harm is not immediately obvious. The Nevada Supreme Court has upheld the discovery rule in various contexts to ensure fairness for injured parties.

Wrongful Death Claims

In wrongful death cases, the statute of limitations begins on the date of death, not the date of the accident or injury that caused it, according to NRS 41.085(4). Consulting a Las Vegas wrongful death attorney is crucial to ensure you file your claim promptly and receive proper compensation and justice for your loved one.

Nevada Statute of Limitations by Claim Type

Different types of claims have different deadlines. The following table summarizes Nevada’s timelines for common claims:

Missing these deadlines typically prevents you from recovering compensation. Acting quickly after an accident is critical.

Statute of Limitations for Car Accidents in Nevada

Car accidents are the most common type of personal injury case in Nevada. If you were injured in a crash caused by another driver’s negligence, you generally have two years from the date of the accident to file a personal injury lawsuit under NRS 11.190(4)(e).

Here’s what to know:

• Property Damage Claims: You also have two years to file for vehicle or property damage under NRS 11.190(4)(c).
• Wrongful Death from a Car Accident: If a loved one dies in a crash, the two-year period begins on the date of death, not the date of the collision.
• Uninsured or Underinsured Motorist (UM/UIM) Claims: These claims are typically governed by your insurance policy, but lawsuits arising from bad faith or denial of benefits may follow the general four-year limit under NRS 11.190(2)(c).

Because car accident evidence – like skid marks, surveillance footage, or vehicle data – can vanish quickly, contacting an experienced Las Vegas car accident attorney right after the crash is one of the most effective ways to protect your rights and strengthen your case.

Why Acting Quickly Matters

Two years may sound like plenty of time, but the reality is that building a strong personal injury case takes time. Waiting too long can:

• Cause evidence to disappear, such as video footage or accident photos
• Make witness statements less reliable or memories fade
• Result in medical records being harder to obtain
• Reduce your ability to prove fault and damages
• Allow the defendant to claim evidence spoliation

The sooner you contact an attorney, the more effectively they can preserve evidence, document your injuries, and navigate negotiations or litigation.

Property Damage vs. Bodily Injury Deadlines

It’s important to understand that property damage and personal injury claims have different deadlines in Nevada:

• Personal Injury (Bodily Injury): 2 years under NRS 11.190(4)(e)
• Property Damage: 3 years under NRS 11.190(3)(c)

This means you have one additional year to file a claim for vehicle damage or other property losses compared to bodily injury claims. However, it’s generally advisable to pursue all claims arising from the same incident simultaneously to avoid inconsistencies and ensure comprehensive compensation.

Exceptions and Special Circumstances for Nevada’s Statute of Limitations

Nevada law provides specific situations where the statute of limitations may be extended or “tolled,” giving injured parties additional time to file their claims. Understanding these exceptions is critical to protecting your rights.

Minors

For individuals under 18, the statute of limitations does not start until their 18th birthday, as outlined in NRS 11.250. This ensures that minors have the full legal period to pursue a claim once they reach adulthood. Parents or guardians may also file on behalf of a minor before they turn 18.

Delayed Discovery

In cases where injuries are not immediately apparent – such as latent medical conditions, exposure to toxic substances, or medical malpractice – the filing period may be extended. The clock typically begins when the injury is discovered or reasonably should have been discovered through due diligence.

This “discovery rule” is particularly important in cases involving:

• Internal injuries not visible externally
• Conditions with delayed symptoms (asbestos exposure, for example)
• Surgical errors discovered months or years later

Mental Incapacity

If the injured person is declared legally incompetent or mentally incapacitated at the time of the injury, the statute of limitations may be tolled until they regain capacity or a guardian is appointed. This protection ensures vulnerable individuals aren’t denied justice due to their condition.

Defendant Outside Nevada

If the at-fault party leaves Nevada or is otherwise unavailable, the statute of limitations may be paused until the defendant returns or is located. This prevents the responsible party from evading accountability by leaving the state.

Fraud or Concealment

When the responsible party intentionally hides evidence or misleads the injured person, the statute of limitations may be extended. Examples include:

• Withholding insurance information
• Falsifying accident reports
• Misrepresenting fault or liability
• Concealing the existence of injuries or damages

Courts generally require clear and convincing proof of intentional concealment before tolling applies.

Hit-and-Run and Unknown Driver Cases

If your accident involves a hit-and-run driver or someone whose identity is initially unknown, the statute of limitations may be paused until the responsible party is identified. This ensures you’re not penalized for circumstances beyond your control.

These exceptions ensure that individuals are not unfairly penalized for circumstances beyond their control, such as age, mental incapacity, fraud, or unknown defendants.

What Happens If the Deadline Passes?

If you fail to file your claim before the Nevada statute of limitations expires, the consequences are severe:

• The court will dismiss your case “with prejudice,” preventing any future filing on the same claim
• You lose your right to compensation entirely, even with overwhelming evidence of negligence and damages
• Insurance companies will refuse to negotiate, knowing you have no legal recourse
• Key evidence may be lost forever, including video footage, physical evidence, and witness testimony

There are extremely limited circumstances where courts will excuse a missed deadline. The burden of proof is on the plaintiff to demonstrate why an exception should apply, and courts interpret these exceptions narrowly.

How to Protect Your Claim Timeline

To safeguard your legal rights:

1. Report the accident immediately to the police and insurance company.
2. Seek medical attention promptly and maintain detailed records.
3. Document property damage with photos, repair estimates, and invoices.
4. Avoid giving recorded statements to insurance adjusters without legal counsel
5. Contact a qualified attorney as soon as possible to preserve evidence and calculate your exact filing deadline.
6. Don’t wait to “see how you feel” – some injuries worsen over time, and evidence disappears quickly

The sooner you act, the stronger your case will be. According to the Insurance Research Council, claimants represented by attorneys receive settlements that are 3.5 times higher on average than those without representation.

How a Las Vegas Lawyer Can Help

A Las Vegas personal injury attorney from Valiente Mott Injury Attorneys can:

• Calculate the exact statute of limitations for your claim.
• Gather critical evidence, including medical records, accident reports, and witness statements.
• Negotiate with insurance companies to maximize your recovery.
• File your claim before the deadline to protect your rights.

Working with an attorney ensures your case is handled efficiently and increases your chances of obtaining fair compensation.

Contact Valiente Mott Injury Attorneys

If you’ve been injured in Nevada, don’t wait. Contact the experienced Las Vegas personal injury attorneys at Valiente Mott Injury Attorneys for a free consultation. We’ll review your case, calculate your filing deadline, and help you recover the compensation you deserve.

• Free, no-obligation consultations
• Contingency fee basis – you pay nothing unless we win
• Decades of combined experience handling Nevada personal injury and insurance claims
• Aggressive negotiation and litigation to maximize recovery

Call (702) 919-6768 or contact us online to schedule your free consultation today to protect your rights before the statute of limitations runs out.