How Long Do I Have to File My Personal Injury Lawsuit?

Nevada’s Statutes of Limitations, which govern how long a party has to file a lawsuit, are covered under Nevada Revised Statutes Section 11.190. There are several different statutes of limitation, and the type of case you have will determine how long you have to file a lawsuit in Nevada. If you have a Las Vegas personal injury case, be sure to look up which type of case you have so you can understand when you’d need to file a a lawsuit.

Statute of Limitations in Nevada for Civil Cases

Here are the statute of limitations in Nevada for different types of civil cases:

  • Majority of personal injury cases – 2 years
  • Medical Malpractice – 1 year
  • Wrongful Death – 2 years
  • Property damage – 3 years
  • Defamation – 2 years
  • Products liability – 4 years
  • False imprisonment- 2 years
  • Fraud – 3 years
  • Breach of oral contract – 4 years
  • Breach of written contract – 6 years
  • Asbestos exposure – 1 year
  • Construction defects – 6 years
  • Sheriff action or non-action in their official duty – 2 years

The Statute of Limitations and Minor Children in Nevada

The rules are slightly different when they are applied to minor children (meaning those how are under 18 years old). Generally, the Nevada statute of limitations is put on hold until the child turns 18. Meaning, the statute clock is not running until a child turns 18. Lawyers use the word “tolled” to describe this.

In medical malpractice cases though, the child has until only one year after discovering the injury regardless of the child’s age. For a brain injury, the child has until the age of ten to file a lawsuit.

If a child is claiming that he/she was made sterile due to someone’s negligence, the child has two years after the injury to bring a legal claim. In a sexual abuse claim, the child has ten years after they turn 18 or 10 years from when the victim should have discovered the injury, whichever is later. For a case of child sexually abusive material, the time limit is when the victim turns 18 or when the court enters a verdict in a criminal case.

The Discovery Rule in Nevada

In some cases, a victim of a personal injury hasn’t discovered that there were injured. This normally happens in a medical malpractice case because the person may be feeling symptoms but is not sure what is wrong until testing is done. If a person’s injury is not be immediately known the statute can also be put on hold (or “tolled”).

To be assured that your rights are preserved, it is essential that you file a lawsuit prior to the deadline. If you miss this deadline, even by one day, there is a high likelihood that your lawsuit will be dismissed, and you will forever lose the right to just compensation for your injuries.

Attorneys at H&P LAW can help you maximize the value of your personal injury case. Call them now at 702-598-4529.

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