What is the Statute of Limitations on a Personal Injury Claim in Nevada?

If you’ve suffered injury in an accident in Nevada, one of the most important things you’ll need to know is the statute of limitations – or, in other words – how long you have to file a personal injury claim. Missing this deadline could mean losing your right to secure compensation for your injuries, medical bills, lost wages, and pain and suffering. At Claggett & Sykes in Las Vegas, we know the legal process can feel overwhelming after an accident. You’re dealing with things like pain, medical bills, phone calls from insurance companies. And, on top of all that, there’s a clock ticking down in the background. This is where we can help you feel confident about your next steps.

What is a statute of limitations?

A statute of limitations is the legal deadline for filing a lawsuit. Each state has its own rules. Here in Nevada, the clock typically starts on the date of the accident or injury. If you wait too long, you could be permanently blocked from holding the responsible person or party responsible, even if you have a strong case.

What’s the statute of limitations on personal injury in Nevada?

Nevada gives you two years from the date of your injury to file your lawsuit. This includes things like:

• Car accidents
• Slip and fall accidents
• Product defect claims
• Assault-related injuries
• Wrongful death claims

This two-year period is pretty standard, but depending on the details of your case, there may be some exceptions.

Are there any exceptions to the two-year rule?

Let’s take a look at some situations where the deadline might be different, or where figuring out the deadline isn’t so straightforward.

• In Nevada, you must file a case for professional negligence or medical malpractice that occurred before October 1, 2023 within one year of the date that you discovered (or should have discovered) the injury. For cases that took place after October 1, 2023, you have to file within two years of the date you discovered (or should have discovered) the injury – but not more than three years from the date of the incident that caused the injury.
• If a child is injured, the time limit to file a lawsuit can be “tolled” (or paused) until the child turns 18. After that, they may have the normal two years to file a claim. There are exceptions to this, too, especially with medical malpractice cases involving minors. Medical malpractice cases involving birth injuries or children also have different time limits.
• When someone dies due to another’s negligence, like in a car crash or a fatal slip and fall, the surviving family members have two years from the date of death to file a wrongful death claim.
• If you’re suing a government agency, like if you slip and fall in a public building or get hit by a city-owned vehicle, you must file a claim notice within two years. There are other hoops you must jump through as well, so if a government entity is involved, don’t wait to get legal help.

Why does the statute of limitations matter?

You might be wondering, “Do I really need to rush into a lawsuit right after my accident?” While you don’t need to “rush,” waiting too long can be risky. Here’s why the statute of limitations matters:

• If you miss the deadline, you lose your right to sue. Period.
• Insurance companies may stop negotiating once the deadline passes because they know you can’t take them to court.
• Evidence can disappear over time – witnesses forget details, video footage gets erased, and physical evidence can get lost.

When you start early, it gives your Las Vegas personal injury attorney time to build a strong case and protect your rights.

When should I speak with a lawyer after my accident?

The short answer is – as soon as possible.

Even if you’re not sure whether you want to file a lawsuit, talking to a personal injury lawyer right after your accident can help you make better choices. We can explain how the statute of limitations applies in your specific situation and help ensure you don’t miss any deadlines.

At Claggett & Sykes, we offer free consultations for all personal injury cases. This means you can talk to us, ask your questions, and get advice, all without paying anything upfront.

What if the deadline already passed?

In some cases, people don’t realize how badly they’re injured until months, or even years, after an accident. Maybe you thought your back pain would go away, or you didn’t know you had a legal case. So what happens when this deadline passes?

Unfortunately, if the statute of limitations has expired, you may not be able to file a lawsuit anymore. But there are some rare exceptions. In some cases, you might be able to argue that:

• You were mentally or physically unable to file a lawsuit
• You didn’t discover the injury right away (like in some malpractice cases)
• The defendant left the state or tried to hide their identify

These situations can be complicated, so it’s worth speaking to an attorney to explore your options.

When does the statute of limitations start?

Typically, the statute of limitations clock starts ticking on the day of your accident. But depending on the details, the “start date” might be different. Here are a few examples:

• You’re injured in a car accident and go to the hospital that night. Your two-year period starts on the day of the accident.
• You slip and fall in a grocery store but don’t realize you’ve fractured your ankle until a few days later. The clock likely starts on the day you fell, even if you didn’t get diagnosed right away.
• You’re misdiagnosed by a doctor, but don’t find out until months later. The statute might start on the date of discovery of your injury, but could also be the date of the misdiagnosis.

If you’re not sure when the statute of limitations starts for your case, we can help figure it out.

Can I settle my case without filing a lawsuit?

You can. Most personal injury cases are settled outside of court. But here’s the catch – the statute of limitations still matters. If you don’t settle before the deadline and you haven’t filed a lawsuit, you could lose your right to seek compensation altogether

Think of the statute of limitations as a safety net. If negotiations with the insurance company fall through, filing a lawsuit before the deadline helps keep your case alive.

How can your Las Vegas personal injury lawyers help with my case?

At Claggett & Sykes, we’re not just a legal team – we’re a group of people who care about helping others. We’ve helped thousands of clients in Las Vegas and across Nevada win fair settlements and verdicts for their injuries.

When you work with us, we can:

• Review your case and figure out your exact statute of limitations
• Handle all the paperwork and legal deadlines
• Gather evidence and talk to witnesses
• Negotiate with the insurance companies so you don’t have to
• Take your case to court if necessary

And remember, you don’t pay us unless we win. That’s our promise to you.

Getting hurt in an accident is hard enough—you shouldn’t have to worry about missing your chance at justice because of a legal deadline. Knowing Nevada’s statute of limitations for personal injury claims can protect your rights and give you a clear path forward. So, if you or someone you love has been injured due to someone else’s negligence, don’t wait. The sooner you get started, the better your chances of a successful outcome. Reach out to Claggett & Sykes today. We’re prepared to listen, guide you, and fight for the compensation you deserve. Please call us or complete our contact form to schedule a free consultation. We have offices in Las Vegas and Reno for your convenience.