Strict Time Limit to File Your Injury Claim: NV Statute of Limitations
If you believe you have a solid personal injury case, it’s critical to understand your state’s statute of limitations. In this blog, we will go into more detail about the Nevada statute of limitations.
What is the Statute of Limitations?
A statute of limitation is a state law that sets a time limit in which a personal injury claim must be commenced in court. If you fail to file your claim within this specified period, you lose your right forever. The time frame set by statute varies from one state to another.
The purpose of these laws is to ensure that plaintiffs have enough time to file their claims before evidence becomes stale or witnesses are no longer available, and also to discourage people from filing lawsuits without good reason.
This statute does not apply to all types of claims. Rather, it only applies to those actions that are considered “tortious.” These include negligence, fraud, intentional infliction of emotional distress, and battery among other things. Claims involving breach of contract do not fall under tortious claims so they will not be affected by this statute time limitations rule.
How Long After an Accident Can You Sue in Nevada?
In Nevada, the statute of limitation to file most personal injury claims is two years from the date of the incident according to NRS 11.190. A few rare situations can effectively extend the filing deadline. If you try to file your lawsuit after the applicable statute of limitations deadline has passed, the court is sure to dismiss your case. In this event, any chances of recovering compensation related to your losses are vanished.
Are There Exceptions to the Statute of Limitations?
Nevada Discovery Rule
The “discovery rule” is often used in Nevada to extend the statute of limitations. In some scenarios, an injury victim may not know they are harmed immediately after an incident. This can happen if the injury wasn’t obvious at first and symptoms didn’t start until later. For example, someone who was injured in a car accident might not realize he or she was hurt until months later when they start experiencing pain or other problems related to their injury. The discovery rule allows the statute of limitations to begin at the time the victim reasonably discovers the injury.
In most cases, Nevada law allows victims under the age of 18 a time extension to pursue a lawsuit. Their two-year statute of limitation begins when the child turns 18, therefore giving them until their 20th birthday to file a personal injury claim. However, medical malpractice rules vary for minors.
In Nevada, a product liability claim must commence within three years of the injury or within two years after discovering the injury. If your product liability claim has to do with construction or property improvements, you’ll have up to ten years only to file a suit following the completion of the home improvement.
Consult a Reno Personal Injury Attorney
The Nevada Statute of Limitations varies depending on what kind of injury occurred. If you fail to file your claim within the specified time period, you lose your right to file the lawsuit forever. If you’re curious about filing a personal injury claim or have questions about the statute of limitations, call our Reno civil attorneys at 775-386-3226 for a free consultation.