Statute of Limitations for Personal Injury in Nevada
Legal RuleIn Nevada, the statute of limitations for personal injury claims is generally two years from the date the injury occurred. This deadline is established under Nevada Revised Statutes (NRS) §11.190(4)(e), which sets a two-year limitation period for actions based on liability created by statute, including personal injury claims arising from negligence or intentional torts.
Exceptions to the Standard Filing Deadline
Discovery Rule: Nevada law typically starts the statute of limitations clock at the time the injury occurs or is discoverable with reasonable diligence. However, the discovery rule is narrowly applied and mostly relevant in cases where the injury or damage was not reasonably discoverable at the time of the incident. For example, latent injuries from exposure to harmful substances may trigger this rule.
Minors: When the injured party is a minor under 18 years old at the time of the injury, the statute of limitations is tolled, meaning the two-year period does not begin until the minor’s 18th birthday. This tolling provision is found in NRS §11.190(6).
Claims Against Government Entities: If a personal injury claim involves a governmental entity or public employee, claimants must comply with the Nevada Government Claims Act. Under NRS §41.035, a written notice of claim must be filed within 180 days of the injury, and the lawsuit must be filed within two years thereafter. Failure to provide timely notice can bar the claim entirely.
Understanding these deadlines is crucial for prospective plaintiffs to preserve their right to pursue compensation. Missing the statute of limitations generally results in dismissal of the case regardless of its merits.