If you get hurt or sustain property damage in an automobile accident in Nevada, it is critical to initiate a legal claim promptly. Nevada has a law called the statute of limitations that places a strict deadline on your right to file.
With only a few exceptions, if a claim is filed late, it will not be allowed to proceed. For this reason, you should act quickly to contact a personal injury lawyer if you believe you have a car accident case.
What Is a Statute of Limitations?
A statute of limitations is a law that states a precise amount of time a claimant has to take legal action after an incident. All states have statutes of limitations on civil cases, such as personal injury and car accident claims, to encourage prompt filing.
Without a time limit, a claimant could potentially wait as long as he or she wanted to take legal action. This would not be just for the defendant (accused party).
What Is the Time Limit to File a Car Accident Case in Nevada?
In the State of Nevada, the majority of car accident cases involving bodily injuries must be filed within two years of the date of the crash. A claim filed for property damage only, however, has a time limitation of three years.
The statute of limitations (Nevada Revised Statutes § 11.190) states:
- NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
- 3. Within 3 years:
- (c) An action for taking, detaining or injuring personal property.
- (c) An action for taking, detaining or injuring personal property.
- 4. Within 2 years:
- (e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.
- 3. Within 3 years:
This statute of limitations applies to automobile accident cases in Nevada as well as other types of personal injury claims that seek damages for losses such as medical expenses, lost wages, property damage, and pain and suffering. However, it is important to note that there are certain exceptions in special circumstances.
Exceptions to Nevada’s Statute of Limitations
The Nevada courts recognize that certain situations require more time for a victim to file a related personal injury claim. In the following scenarios, the general two-year time limit on a car accident case may be tolled, or paused:
- Delayed discovery: in the event that you do not notice your car accident injuries immediately, the clock on the statute of limitations will typically start ticking on the date that you discovered or reasonably should have discovered them.
- Wrongful death: if a car accident is fatal and takes the life of a loved one, surviving family members have two years from the date of the deceased person’s death – rather than the date of the accident – to file a related wrongful death claim.
- Injured minor: if a car accident results in injury to a minor, or a person under the age of 18, the statute of limitations is paused until the victim’s 18th birthday. This means the victim will have until age 20 to file a claim.
Although most states have shorter statutes of limitations on claims where a car accident victim is suing the government for negligence, Nevada does not. If you wish to file a claim against a government entity, you still have two (or three) years from the date of the crash to issue your notice.
Why It’s Important to Act Quickly
The clock is ticking on your right to file a claim in pursuit of financial compensation for your car accident in Nevada. Don’t risk missing your statute of limitations and losing the right to sue the at-fault party forever. Contact a car accident lawyer near you as soon as possible to ensure you are well within your filing window.