Every case filed in court needs to be brought within a specific time period. If a case is brought to court too late, then the plaintiff could risk having their entire case dismissed. It is important to hire an experienced and skilled Nevada personal injury attorney that is well-versed and knowledgeable about the different statute of limitations time periods for different claims.
This article below discusses the different time periods for different claims brought to Nevada courts. Other than these time limitations that need to be met, there are also elements of a claim that need to be proven in any lawsuit. Our attorneys have had decades of experience representing injured clients in Nevada. Whether you were involved in a car accident, bicycle accident, pedestrian accident, medical malpractice, contact our attorneys for a free no-risk consultation to determine the different strategies we can take for your case.
Courts in Nevada have a very strict limited time period when they have to bring their claims. It is very unlikely that Nevada courts will extend this time period.
What is the statute of limitations?
Each state has a different statute of limitations that imposes time periods as to when a plaintiff could bring a claim. This is only the time you are allowed to pursue action for your civil claims. Bringing in the action too late could risk having the entire case being thrown out, and you losing your right to file a lawsuit against the at-fault party.
When does the statute of limitations begin in Nevada?
In Nevada cases, the statute of limitations almost always begins on the date of the accident that caused the injury. However, there are exceptions to when the statute of limitations could begin. Exceptions include:
- Discovery rule: the discovery rule is used to extend the statute of limitations by asserting that the injured person needs more time to discover the injury. This occurs when there is a period of time between the accident and the injury. The two-year statute of limitations still applies, but the statute of limitations does not begin until the victim discovers the injury, or should have discovered their injury.
- Tolling: the statute of limitations time period could be tolled. There are specific instances that could pause the time period and allow the plaintiff to bring the claim at any time.
- If the plaintiff suffered an injury when they were a minor, the statute of limitations does not begin until the minor turns 18 years old.
- If the plaintiff was mentally incompetent at the time of the injury, the statute of limitations is put on pause until the victim is deemed to be competent.
- If someone has been in the custodial care of the state since before the age of 18, the statute of limitations time period will be tolled
- Recently, cases of mesothelioma, also known as asbestos poisoning, often do not show up until many decades after exposure. The court is most likely to increase the statute of limitations for asbestos poisoning.
Other circumstances may also affect the statute of limitations. In order to determine if you could bring the claim after the statute of limitations time period has been tolled, contact our attorneys today.
Nevada Statute of Limitations FAQ
When can I bring a claim if I have suffered injury?
For personal injury cases, a plaintiff must bring the claim within three years.
When can I bring the claim for trespass?
If someone has trespassed on your property, you have three years from the date of the trespass to file your claim.
When can I file a claim if there was a breach for a contract?
If you believe that there is a written contract that has been breached, meaning that the other party did not follow the conditions of the contract, you have six years from the date of the breach. If the contract was an oral contract, you have four years from the date of the breach.
When can I file a claim against another party for fraud?
You have 3 years from the date of the incident to file a claim against the liable party for fraud.
When can I file a claim for defamation libel and / or slander?
You have two years from the time the statement was made to file a claim against the liable party under Nevada’s defamation laws.
When can I file a claim to collect debt?
You have four years from the default of the debt to file a claim to collect the amount.
What if I have been injured by a product?
If you have suffered injury from a product, you have four years to bring a product liability claim.
When can I file a claim to collect rent?
You have four years to file a rent collection claim.
When can I file a claim for asbestos exposure?
You have one year to file a claim for asbestos exposure.
When can I file a claim for a construction defect?
You have six years to file a claim for a construction defect.
When can I file a claim for wrongful death?
You have two years from the date of the death to file a wrongful death claim in Nevada.
When can I file a claim for property damage?
You have three years from the date of the damage to file a claim for property damage.
When can I file a claim for other professional malpractice (ex: legal malpractice, veterinary malpractice, accounting malpractice, etc.?
You have two years from the date of the incident to file a claim for professional (This does not include medical malpractice)
When can I file a claim for false imprisonment?
You have two years to file a claim for false imprisonment
All these deadlines mentioned above are very strict, and Nevada judges will almost never waive any rules.
Consult Our Nevada Personal Injury Attorneys Today
It is very important to hire an attorney immediately if you feel as though you have suffered some type of injury because of the fault of another party. Contact our Nevada personal injury attorneys to schedule a free no risk consultation. Our Nevada personal injury attorneys work on a contingency fee basis, which means that our personal injury attorneys do not get paid unless we recover some form of compensation on your behalf.
We have helped many clients file a personal injury claim properly, and meet Nevada’s strict and complex statute of limitations. Your entire case, and your potential to recover any type of damage could be dismissed if you seek an attorney too late, or you seek an inexperienced attorney that is not well-versed regarding the statute of limitations laws of Nevada.
We have represented clients from various States in Nevada. Some cities we work with include: Las Vegas, Reno, Carson City, Sparks, Henderson, North Las Vegas, Elko, Mesquite, Laughlin, Fallon, Fernley, Gardnerville, Ely, Boulder City, Paradise, Incline Village, Virginia City, Wells, Hawthorne, West Wendover, Yerington, Jackpot, Mount Charleston, Primm, Battle Mountain, Lovelock, St Thomas, Indian Springs, Spring Valley, Zephyr Cove, Moapa Valley, Goodsprings, coyote Springs, Sunrise Manor, etc.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.