How Long Do I Have to File a Personal Injury Lawsuit in Nevada?

If you’ve been injured in an accident in Nevada due to someone else’s negligence, one of the most important things to be aware of is the statute of limitations for filing a personal injury lawsuit. Essentially, this is the legal deadline by which you must initiate your case in court. Wait too long, and you could completely lose your right to seek compensation, no matter how strong your case may be.

Nevada’s Statute of Limitations for Personal Injury Cases

According to Nevada Revised Statutes section 11.190(4)(e), the standard time limit for filing a personal injury lawsuit is two years from the date of the injury. This applies to most common situations like:

• Car accidents
• Slip and fall incidents
• Dog bites
• Defective product injuries
• Other injuries caused by negligence

That means if you were hurt in a crash or other incident, the clock starts ticking on the date it occurred. If you don’t file suit within two years of that date, the court will almost certainly dismiss your case. The defendant will have an absolute defense, regardless of how badly you were hurt or how clear their liability may be.

The Reasoning Behind Statutes of Limitations

You may be wondering why there’s a strict time limit on personal injury claims in the first place. The main reasons are:

1. Preserve evidence – Over time, crucial evidence can be lost or degrade. Witness memories fade, surveillance footage gets erased, injuries heal. The sooner a case is brought, the more likely key proof will still be available.
2. Provide closure and certainty – Statutes of limitations prevent the threat of lawsuits from lingering indefinitely. They let potential defendants move on after a reasonable time has passed.
3. Avoid fraudulent claims – Strict filing deadlines help prevent people from “sitting” on claims and only suing when an injury supposedly worsens. This protects against exaggerated or false allegations brought long after the fact.

Exceptions to the Two-Year Deadline

As with most rules, there are some exceptions that can extend the time you have to sue for a personal injury in Nevada. The main examples are:

• Injuries to children – If the injured person was under 18 at the time of the accident, the two-year “clock” doesn’t start running until their 18th birthday. So a child hurt at age 10 would have until age 20 to file suit.
• Late discovery of injuries – In rare cases where an injury isn’t apparent right away, the clock may start when the injury is discovered rather than when it occurred. However, you’d have to prove you truly had no reason to know you were hurt until later.
• Defendant leaves the state – If the person you need to sue leaves Nevada for a period of time, that time typically won’t count toward the two-year limit. But this only applies if it’s truly impossible to find them.

Even with potential exceptions, it’s always best to consult with an experienced Nevada personal injury lawyer as soon as possible after an accident. Waiting will only make things harder.

What If I Miss the Two-Year Statute of Limitations?

If you try to file a personal injury lawsuit after more than two years have passed, the defendant will almost certainly file a motion to dismiss based on the expired statute of limitations. Unless you can prove one of the rare exceptions applies, the court will have no choice but to throw out your case permanently.

At that point, even if the defendant was clearly at fault, you’ll have zero leverage to negotiate a settlement. You’ll be left covering your medical bills, lost wages, and pain and suffering on your own – all because of a missed legal technicality.

How Long Do I Have to File an Insurance Claim?

It’s important to distinguish between formally suing someone in court and simply filing an insurance claim. Claims are typically handled directly with insurers, not through lawsuits (though a lawsuit may become necessary if the insurer doesn’t offer a fair settlement).

Most Nevada insurance policies require you to report an accident “promptly” or within a “reasonable time,” – which is usually interpreted as a few days or a few weeks at most. This applies whether you’re filing through your own insurance (e.g., for an uninsured driver) or the other party’s.

So, while you may have two years to actually file a lawsuit, waiting anywhere near that long to initiate an insurance claim is a huge mistake. Insurers will seize on those delays to deny coverage.

How to Protect Your Rights After an Accident

The single most important step you can take to protect your rights is to contact an experienced personal injury lawyer as soon as possible after an accident. An attorney can help you:

• Gather and preserve vital evidence before it’s lost
• Deal with insurance companies and their tactics
• Evaluate the strength and value of your case
• File a lawsuit within the statute of limitations
• Negotiate aggressively for a full and fair settlement
• Take your case to trial if the other side won’t pay what you deserve

At Benjamin Durham Law Firm, we’ve been fighting for injured Nevadans for many years. We know the state laws and local courts inside and out. Let our team put our experience to work on your personal injury claim.

Remember, the clock is ticking. Don’t lose your rights to compensation through delay. Give us a call or fill out our online form today for a free case review. We’re here to help when you need us most.