Nevada’s Statute of Limitations: Why Time is of the Essence

If someone else injured you because of your negligence, you can typically file for compensation for your injuries. You can enforce this via private settlement, as many claimants will have, or you may enforce this by court. If your case is not filed by the date on which it was settled. Those that do so will lose their rights to the maximum time limit if they fail to pay the penalty.

What Is the Statute of Limitations?

The statute of limitations is a law that places a time limit on when legal proceedings for a legal dispute or crime can be initiated. Once a certain amount of time has passed, the parties involved in the incident are not able to file a claim or pursue legal proceedings. Should any attempt be made when the statute of limitations is in effect, their case will be immediately dismissed by the court.

While the statute of limitations will vary on the type of legal claim such as whether it is criminal, civil, or debt collection, it will also be dependent on where the incident has occurred. As such, it is important to check with your local state’s statute of limitations to ensure that your legal claim does not fall outside of the statute of limitations.

How Long Is the Statute of Limitations in Nevada?

Nevada’s statute of limitations has different time frames for both civil and criminal cases and depending on the legal claim/criminal charges, it can be further categorized on the specific type of claim. So if there has been an incident and you would like to file pursue legal action, it is important that you know how much time you have to file a claim and pursue a lawsuit.

Civil Cases

• Personal Injury Claims- Two years (as per NRS 11.190 (4)(E))
• Premise Liability- Three years (as per NRS 11.190 (3)(C))
• Wrongful Death- Two years (as per NRS 11.190 (4)(E))
• Product Liability- Four years (as per NRS 11.190 (4)(E))
• Medical Malpractice- Three years (as per NRS 41A.097)

Criminal Cases

• Gross/Simple Misdemeanors- Two years (as per NRS 171.090)
• Kidnapping and Attempted Murder- 5 years only if a written report is filed with law enforcement during the applicable period (as per NRS 171.084)
• Sex Trafficking- Six years (as per NRS 171.085)
• Theft, Robbery, Burglary, Forgery, and Arson- Four years (as per NRS 171.085)

What Crimes Have No Statute of Limitations in Nevada?

According to the Nevada Revised Statutes section 171.080, crimes such as murder, sexual assault, and acts of terrorism do not have a statute of limitations in Nevada due to the extreme nature of the crime. As such, anyone who has committed murder, sexual assault, or acts of terrorism are not able to escape punishment no matter how much time passes and will be subjected to appropriate punishment, depending on the severity of the crime.

Is There a Way to Extend the Statute of Limitations in Nevada Law?

There are several special rules that are allow people a way to extend the statute of limitations. For example, some of the most common instances are listed in NRS section 11.250 which states that those who are either under the age of 18, disabled, clinically insane, or imprisoned are granted an extension to file a claim once they meet certain circumstances.

Meanwhile, NRS section 11.300 states that those who are out of state when an incident occurs are granted an exclusion to the statute of limitations until they return to Nevada. However, one of the most impactful exceptions to the statute of limitations is Nevada’s Discovery Rule, which allows plaintiffs to extend the statute of limitations for personal injuries that are discovered within a reasonable amount of time.

Need Help Filing a Claim in Nevada? Call West Coast Trial Lawyers

If you have been injured in an accident, you may be able to file a personal injury claim to recover compensation for your damages. However, it is highly recommended that you hire an experienced attorney file any and all personal injury claims before two years of the incident date to avoid the statute of limitations taking effect.

At West Coast Trial Lawyers, we specialize in personal injury law and our team of attorneys are well versed in Nevada law and are confident that they can get the compensation you deserve for your losses. To schedule a FREE consultation, contact us today at (213) 927-3700 or use the online contact form to speak to our compassionate and dedicated legal staff.