After suffering an injury caused by negligence, you may be able to bring a claim to recover damages from the at-fault party. However, you must take action within a strict time frame known as the statute of limitations.
Henness & Haight’s experienced Las Vegas personal injury attorneys are ready to help you file a claim to meet the statute of limitations for injury claims in Nevada. Do not wait to contact us today.
How Long Do I Have to File a Personal Injury Case?
The statute of limitations is a legal time limit used to determine when you are allowed to pursue action for a civil claim.
Each state has its own statute of limitations for various types of claims. Nevada’s statute of limitations are:
- Personal Injury: Two years from the date of the injury
- Medical Malpractice: Three years from the date the negligent act or omission causing injury occurred, or one year from the date the injury was discovered or should have reasonably been discovered
- Product Liability: Two years from the date of the injury
- Wrongful Death: Two years from the date of death
When Does the Statute of Limitations Begin?
In Nevada personal injury cases, the statute of limitations begins on the date of the accident that caused your injury.
However, there are certain exceptions that could alter the standard deadline for personal injury claims in Nevada.
In certain situations, the victim may not know that he or she has suffered an injury. In these scenarios, the discovery rule may be used to extend the statute of limitations to begin on the date that the injured person discovers his or her injury and the potential to file a claim.
Under the discovery rule, the two-year statute of limitations stills applies to the claim. However, it does not begin until the victim discovers the injury, or should have reasonably discovered it.
Tolling of Nevada Statutes of Limitations
The statute of limitations can also be tolled, which means that something has stopped the statute from running for a limited period of time.
The statute of limitations is usually tolled when the victim is a minor under the age of 18 or is found to be mentally incompetent by the court. Under Nevada’s personal injury laws, tolling will apply in the following situations:
- In all personal injury cases except those involving medical malpractice, if the victim was a minor when they suffered their injury, the statute of limitations will not begin until he or she turns 18 years old.
- In medical malpractice cases involving minors, parents are typically responsible for filing a personal injury case within the statute of limitations on behalf of their child. In cases involving brain damage or birth defects, a lawsuit may be filed at any time before the victim’s 10th birthday. If a minor’s injury causes sterility, a lawsuit must be filed within two years of the date the injury is found.
If the victim is found to be mentally incompetent at the time of the injury, the statute of limitations will be tolled until the date in which the victim is deemed to no longer be disabled.
The Statute of Repose
The statute of repose imposes a specific date in which you can no longer file a claim to pursue legal action or damages from the at-fault party.
The statute of repose is stricter than the statute of limitations because it does not allow any exceptions that might extend or delay the time limit to bring a claim. You must be careful to file your claim within this time period, or else it will be denied.
Consult a Las Vegas Personal Injury Attorney
If you fail to bring a claim within the statute of limitations, you will likely lose your chance to recover compensation from the at-fault party
This is why it is crucial that you consult with a personal injury attorney as soon as possible. An attorney will ensure your claim is filed properly and meets the statute of limitations so that you have a chance to receive the compensation you deserve.
At Henness & Haight, we have helped numerous clients properly file a personal injury claim to meet Nevada’s strict statute of limitations.
Contact us to schedule a free, no-obligation case consultation. Our legal team works on contingency fee basis, which means we do not get paid unless we recover compensation on your behalf.