When filing a personal injury lawsuit in Nevada, claims must be filed according to the Statute of Limitations for each type of injury claim.
Nevada Personal Injury Lawsuits
Nevada personal injury lawsuits must adhere to the Statutes of Limitations, laws that limit the time allowed to file a lawsuit. If lawsuits are not filed in a timely manner, the court will likely dismiss the lawsuit.
Legal causes of action that comprise Nevada personal injury cases include vehicle and motorcycle accidents; commercial transit accidents; slip and fall accidents; product liability; premises liability; medical malpractice; and wrongful death. The Statute of Limitations for personal injuries includes:
- Personal Injuries (other than those listed below) – Two Years from the date of the injury
- Product Liability – Three Years from the date of the injury
- Medical Malpractice – Three years from the date the negligent act or omission causing injury occurred, or one year from the date the injury was discovered or should have reasonably been discovered
- Wrongful Death – Two Years from the date of death
Although the Statute of Limitations for personal injury cases is specific, filing time limits may be altered under certain conditions.
Discovery Rule
If an injury victim does not know that he/she has suffered an injury, the discovery rule may apply to the case. This happens when the injury manifest after the actual injury date. In these situations, the discovery rule may be used to extend the Statute of Limitations, so the time limit begins on the date the injury was discovered, rather than the actual injury date. A Henderson personal injury lawyer can explain the specifics of the discovery rule.
Tolling the Statute of Limitations
The Statute of Limitations is usually tolled when the injury victim is a minor (under the age of 18) or is found by the court to be mentally incompetent. Under Nevada laws, if the injury victim is a minor, the Statute of Limitations does not begin until the person reaches age 18. If the injury victim is found mentally incompetent, the Statute of limitations is tolled until the date the victim is deemed competent.
In medical malpractice cases that involve minors, parents are responsible for filing a lawsuit within the three-year Statute of Limitations. If cases involve birth defects or brain damage, a lawsuit may be filed with a personal injury lawyer any time before the victim’s 10th birthday.