Every day innocent victims are injured or killed in Nevada auto accidents. Our attorneys can help you to get justice and compensation.
Call or Message Us 24/7
If you are injured while under 18 years old in Nevada, you generally have until your 20th birthday to file suit against the at-fault parties.
Meanwhile, there is no time limit to sue a child sex abuser.
|Civil cause of action||Statute of limitations to sue in Nevada (in general)|
|Personal injury of a child (such as negligence)||20th birthday (2 years after turning 18)|
|Medical malpractice of a child|| |
whichever is sooner
|Sexual abuse of a child||Anytime|
In this article, our Las Vegas personal injury attorneys discuss:
If you sustain an injury in Nevada while you are under 18 years old, you have until your 20th birthday to sue the at-fault parties.1 This is because the two-year statute of limitation for adults to bring personal injury cases tolls (pauses) until you become a legal adult yourself at age 18.2
Example: Becky is 15-years-old when she slips and breaks her ankle on a newly-washed floor in the Fashion Show Mall that failed to put out a “caution: wet floor” sign. If Becky was an adult, she would have only two years from the fall to sue the mall. Though since she is just a minor, the two-year clock does not begin running until she turns 18. Therefore, the mall can expect to be sued up until Becky turns 20 years old.
In practice, the parents of injured children usually bring personal injury lawsuits on their behalf as soon as possible after the accident. The longer you wait to file a lawsuit, the more evidence disappears and the more memories fade.
As discussed below, the statute of limitations to sue is different in cases involving children victimized by sexual abuse or medical malpractice.
No. If you were a child victim of sexual abuse or exploitation in Nevada, you can sue the perpetrators at any time.
However, there is a statute of limitations to sue people who benefited financially by participating in a venture involving your sexual abuse or exploitation. In these cases, you can sue up until your 38th birthday (20 years after reaching 18 years old).3
Example: Adam was a child pornography victim. He could sue the director of the movie he appeared in at any time because the director sexually exploited him. Though if he wanted to sue the theater that showed the film and therefore financially benefited from it, he would have only until his 38th birthday.
If you are a child victim of medical malpractice, the statute of limitations does not toll while you are underage. Instead, your parents or guardians must bring a lawsuit within the soonest of:
Though if the injury involved brain damage or a birth defect, your parents or guardians have until your 10th birthday to file suit.
Note that if the malpractice causes you to become sterile, you have until two years after you discover the sterility to sue.4
Example: Penny gets an appendectomy at age 15. When she turns 25 and tries to have a baby, she discovers she is sterile due to damage done to her ovaries during the appendectomy. Therefore, Penny has two years after she learns she is sterile to file suit against the doctor who performed the appendectomy.
No, though there are special rules involving child sex crimes and identity theft in Nevada:
In addition, prosecutors can bring sexual assault charges at any time as long as a police report is filed within 20 years of the assault or if the accused’s identity is established by DNA evidence.6
Also, there is no statute of limitations to bring sex trafficking criminal charges as long as a police report is filed within four years of the incident.7
If you are a child victim of felony ID theft, prosecutors can bring charges up until four years after you discover — or should have discovered — the ID theft.8
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.