Statute of limitations for Nevada injury lawsuit

Two Years

In Nevada, the statute of limitations for most personal injury cases is two (2) years from the date that you discovered (or should have discovered) the injury. This is the window of time in which you are permitted to bring a lawsuit. Once the statute of limitations passes, victims may lose their right to sue for damages arising from that wrongdoing or injury. ¹

However, there are many situations where a statute of limitations gets “tolled” (suspended) until long after the injury occurred.²

The most common Nevada limitation periods are:

Injury type in Nevada	Statute of limitations in civil cases (after discovery of the injury)
Personal injury (caused by negligence in Nevada)	2 years
Property damage	3 years
Wrongful death in Nevada	2 years
Defamation (slander / libel) in Nevada	2 years
Products liability in Nevada	4 years
False imprisonment	2 years
Fraud	3 years
Medical malpractice in Nevada	1 year (3 years max)
Other malpractice	2 years (4 years max)
Asbestos exposure	1 year
Construction defect (injury or death)	6 years
Breach of oral contract	4 years
Breach of written contract	6 years

To help you better understand the law, our Nevada personal injury lawyers discuss the following below:

People have a limited time period to sue for their injuries in Nevada, but there may be ways to have this limit extended.

1. What is the time limit to bring an injury lawsuit in Nevada?

Most Nevada personal injury claims have a two (2) year statute of limitations.

However, the statute of limitations usually does not start to run until you knew — or should have known — of the injury. This is important since many injuries do not appear until well after the accident.

For instance, mesothelioma (asbestos poisoning) injuries in Nevada often do not show up for many decades after exposure to asbestos. In such cases, it is common for lawsuits to be filed years — or even decades — after the harm occurred.

Common Nevada claims with a two (2) year statute include:

Accidents in Nevada,
Defamation (slander or libel),
False imprisonment (civil),
Assault and battery (civil), and
Wrongful death

Other causes of action may have a longer limitations period (as indicated in the chart above). Some claims with longer periods include property damage and products liability.³

2. What is the limitations period for malpractice claims?

The statute of limitations in Nevada professional negligence (malpractice) cases is calculated differently than other cases.

As in other personal injury matters, people injured by malpractice have limited time to sue after they discover — or should have discovered — that they are injured.

However, there is an outside date by which the suit must be brought. This date is usually based on the date the malpractice occurred.

Malpractice Claim	Time limit to sue in Nevada
Legal malpractice in Nevada, or Veterinary malpractice	The earlier of: 4 years after the plaintiff sustains damage; or 2 years after the plaintiff discovers — or should have discovered — the damage.⁴
Medical malpractice occurring after 2002	The earlier of: 3 years after the date of injury; or 1 year after the plaintiff discovers — or should have discovered — the injury.⁵
Accounting Malpractice	The earliest of: 2 years after the date the alleged wrong is discovered — or should have been discovered; 4 years after the unlawful accounting service has ended; or 4 years after the date of the initial issuance of the report prepared by the accountant regarding the financial statements or other information.⁶

3. Are there special rules for injuries to minor children?

Nevada’s statute of limitations is usually “tolled” (suspended) while a plaintiff is under the age of 18, except in medical malpractice cases.⁷ Tolling acts as a sort of legal “time-out.”

Example: 12-year old Dee Dee is in the car with her mother when they are hit by someone who is driving under the influence in Nevada. Both Dee Dee and her mother are injured. Dee Dee’s mother has just two (2) years from the accident in which to sue the driver for injuries. But Dee Dee can sue until she is 20 (two years after she turns 18).

The chart below spells out the time limits to sue in certain types of lawsuits involving minors:

Claims involving a child victim	Statute of Limitations under Nevada state law
Medical malpractice	Within 1 year of discovering the injury, but there are exceptions: In the case of brain damage of a child or a birth defect, until the child turns 10;⁸ or In the case of sterility, until 2 years after the child discovers the injury⁹
Sexual abuse	10 years from the later of: The plaintiff turning 18; or When the plaintiff discovers — or reasonably should have discovered — that his/her injury was caused by the sexual abuse¹⁰
Pornography	The latter of: The plaintiff turning 18; or The court entering a verdict in a related criminal case¹¹

In any case, adults who were injured or abused as minors should always consult an attorney to see if they have the standing to sue.

Cartoon of a hand circling a date on a calendar - most personal injury claims in Nevada have a 2-year statute of limitations

Tolling acts as a sort of legal “time-out.

4. When else is the limitation period “tolled”?

Below are five reasons in Nevada why the time limit to bring a claim may be paused:

Legal, veterinary, or accounting malpractice: The statute of limitations does not run while an attorney, veterinarian, or accountant conceals any unlawful act, and the plaintiff did not know — or should have known — about it.¹²
Out-of-state defendant: The time limit to sue in Nevada does not run while the defendant is outside of Nevada.¹³
Death of the injured party: A person’s estate usually has one (1) year after that person’s death to bring a claim as long as the statute of limitations was still running when he/she died.¹⁴
Party is a citizen of a country the U.S. is at war with: The time limit to sue tolls when one of the parties to a lawsuit is a citizen of a country that the U.S. is currently at war with.¹⁵
Reversal of judgment: When a court case gets overturned, any claims arising out of that reversal must be brought within one (1) year of the reversal.¹⁶

Also, scroll down to section 6 to learn how the “discovery rule” may toll the time limit to sue.

Before you conclude that too much time has passed to file your lawsuit in Nevada, please check with an experienced Las Vegas personal injury attorney.

5. Can I do anything if the limitation period has expired?

You are not necessarily out of luck if the time limit to sue in Nevada has expired. There may be another statute or legal theory under which you can bring suit.

For instance, you may have more time to file suit if your attorney can argue that the defendant’s negligent actions violated a verbal contract. The time limit to sue for breach of a verbal contract is four (4) years. That is twice as long as the statute of limitations for negligence claims.¹⁷

Additionally, you may be legally entitled to extra time to file suit if fraud or a reasonable mistake kept you from discovering the facts in your case. Scroll down to the next section to learn how the “discovery rule” doctrine can extend the time limits to sue.

In any case, is important to consult an experienced Las Vegas or Reno personal injury lawyer in order to determine whether your right to sue has expired.

6. What is Nevada’s “discovery rule”?

Also known as the “inquiry notice doctrine,” the discovery rule extends the time limit to sue if:

The nature of the legal claim was somehow hidden from the plaintiff,
The plaintiff did not purposely or negligently avoid discovering the claim, and
It would be only fair to let the plaintiff have more time to file the claim¹⁹

Example: Helen’s friend steals $1,000 out of her safe while Helen is abroad for a year. Helen had no reason to suspect her friend stole from her. Helen checks her safe as soon as she comes back, and she discovers the $1,000 is gone. Helen’s friend is the only other person who knows the safe combination. In this case, the time limit for Helen to sue her friend would not begin running until Helen “discovered” the missing money — not when the actual theft occurred.

In the above example, Helen showed “due diligence” by checking her safe as soon as she got home. Had she not checked the safe for several more years, a court might find that she unnecessarily delayed discovering possible claims against her: The court might then insist that the statute of limitations began running shortly after Helen came home, not when she actually discovered the theft years later.

Contact our law firm for legal advice. We offer free consultations on your personal injury case.

Have you or a loved one been injured? We create attorney-client relationships throughout the state of Nevada. We bring legal actions in both state civil courts and United States federal courts.

Legal references:

NRS 11.190; Milton v. Nev. Dep’t of Prisons, 119 Nev. 163, 68 P.3d 895 (2003)(“NRS 11.190(4)(e) requires that actions seeking damages for personal injuries must be brought within two years from the date upon which the cause of action arises.”).
Nevada Revised Statute 11.010.
See NRS 11.190(3)
NRS 11.207(1).
NRS 41A.097(2).
NRS 11.2075 (1).
NRS 11.250; Smith v. Reno, 580 F. Supp. 591(D. Nev. 1984)
NRS 41A.097(4)(a).
NRS 41A.097(4)(b).
NRS 11.215(1).
NRS 11.215 (2); See also NRS 41.1396.
NRS 11.207 (2); NRS 11.2075 (2).
NRS 11.300.
NRS 11.310.
NRS 11.330.
NRS 11.340.
NRS 11.190 (2).
Petersen v. Bruen, 792 P.2d 18, 106 Nev. 271, (1990)

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