Personal injury cases use a statute of limitations to cap how long victims have to file a lawsuit. If you miss this filing deadline, you cannot make a claim anymore.
Under NRS 11.190(4), the statute of limitations for most injury cases in Nevada is 2 years. However, there are some exceptions to understand and some other rules that might govern specific situations.
For help with an injury case, call (702) 702-2622 to speak with Mitchell Rogers Injury Law’s Las Vegas personal injury attorneys as soon as possible.
How Long Do You Have to File an Injury Case in Nevada?
Most injury cases are filed under one of two theories:
- Negligence claims for accidental injuries
- Intentional tort claims (i.e., assault and battery) for intentional injuries.
Both of these situations fall under NRS 11.190(4), giving victims 2 years to file their claims.
This also covers the statute of limitations for wrongful death cases. These cases also get 2 years for filing and are also based on negligence claims.
Why Do We Have a Statute of Limitations on Injury Cases?
The goal of the statute of limitations is to stop cases from remaining out there, un-filed, where they can hang over the defendant’s head for years. After 2 years, the defendant knows the case cannot be filed.
Additionally, cases are often harder to bring after some time passes. Witnesses forget what happened, records are lost/destroyed, and cases are overall less reliable years after the fact.
Even though you have 2 years to file, most cases are filed sooner, keeping the evidence fresh.
When Should I Call a Lawyer for an Injury Claim in Nevada?
If you have 2 years to file, then you certainly should call a lawyer sooner than 2 years. The clock starts ticking after the injury, and it will take even the best Nevada personal injury lawyers a few weeks or months to prepare your case for filing.
As such, you should call your lawyers well in advance of the 2-year limit. Within the first year would give your lawyers plenty of time to file, but calling even sooner is ideal.
If you can call within the first week or so of your injury, our lawyers can help you collect evidence by gathering witness statements, collecting camera footage (if available), and requesting that certain documents or records be kept for trial.
Additionally, every day you delay in starting your case is a day later that your case might finish. Calling a lawyer earlier potentially means getting paid earlier.
Does the Statute of Limitations Apply to Insurance Claims?
Insurance policies might have their own deadlines in place, requiring quicker notice and response deadlines than the statute of limitations. However, the statute of limitations is generally the same as the deadline to file an insurance claim: 2 years.
It is important to remember that when you are filing an injury claim, it is usually with the at-fault party’s insurance. The other driver’s insurance usually cannot dictate deadlines since you have no contract with them.
Your own insurance policy might have first-party coverage, such as Medpay coverage for a car accident. In these cases, your policy might dictate quicker reporting and notice.
Pausing and Extending the Statute of Limitations
With statutes of limitations, the clock can be paused for various reasons. This is called “tolling” and extends your filing deadline.
Discovery Rule
In limited situations, you can toll the statute of limitations for injuries you could not discover through reasonable diligence. In these cases, the clock starts running on the date of discovery.
Fraudulent Concealment
Like with the discovery rule, if you could not discover an injury’s cause because the defendant was hiding it from you or lying about it, the statute of limitations might be tolled.
Both of these situations primarily occur with medical malpractice.
Minors
NRS 11.250 also extends the filing deadline for minors. Children cannot file lawsuits on their own, so anyone injured before turning 18 can wait until they turn 18 before the statute of limitations starts.
This means most injury cases involving minors have to be filed before the victim turns 20 (2 years from becoming an adult).
“Insanity”
Similarly, the same law says that anyone who is “insane” – i.e., has a severe mental disability – also gets to pause the statute of limitations until their disability is removed. This can help disabled adults extend their filing deadline until someone can help file on their behalf.
Other Injury Statutes of Limitations
There are a few special types of cases where the statute of limitations is different.
With medical malpractice claims filed against healthcare providers or hospitals, NRS 41A.097(3) gives 2 years from the date of discovery. If you discover the injury after the date of injury, you have 2 years from that date, with an outside limit at 3 years.
Any delay in discovery caused by fraud or concealment does not count against this.
Another area of extended statutes of limitations is for sexual assault. For both underage victims and adult victims, there is no statute of limitations. This allows survivors to come forward at any time for these injuries.
There are also various statutes of limitations for certain dangerous property claims and defective product claims.
How Long After an Injury Can I Get Paid?
Depending on the seriousness of your injury, the complexity of your case, and how strong your evidence is, the length of your case will vary. Cases can be settled within a few weeks in straightforward claims, while complex cases can play out over years in court.
Remember that the statute of limitations is merely the filing deadline to start your case; from there, it can take a while to end. There is no rule dictating how long a case can go on, but the judge will work to keep cases moving and create reasonable deadlines for motions and responses.
Call Our Nevada Personal Injury Lawyers Today
If you were hurt in an accident, call Mitchell Rogers Injury Law’s Henderson, NV personal injury lawyers at (702) 702-2622.