Nevada Statute of Limitations: Injury

In Nevada, you have exactly two years to file a personal injury lawsuit. Miss that deadline by even a single day, and you will almost certainly lose your right to recover compensation — no matter how serious your injuries or how clearly the other party was at fault.

The statute of limitations is one of the most important — and most misunderstood — concepts in personal injury law. As a Harvard-educated trial attorney who has handled thousands of cases in Las Vegas, I've seen people lose the right to recover hundreds of thousands of dollars simply because they didn't understand the clock that was ticking against them. This guide explains everything you need to know.

The Basic Rule: Two Years From the Date of Injury

Nevada's statute of limitations for personal injury is found in NRS 11.190(4)(e). It states that an action for injury to a person must be commenced within two years. The clock generally starts running on the date of the accident or injury.

This two-year deadline applies to virtually all personal injury claims in Nevada, including:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Slip and fall injuries (premises liability)
• Dog bites and animal attacks
• Assault and battery
• Construction accidents
• Defective product injuries
• Uber and Lyft accidents

Wrongful Death: A Separate Two-Year Clock

If someone dies as a result of another person's negligence, the wrongful death statute of limitations is also two years — but the clock starts on the date of death, not the date of the original injury. This distinction matters in cases where someone survives an accident initially but dies from their injuries weeks or months later.

Under NRS 41.085, a wrongful death claim can be brought by the deceased person's personal representative (the executor of their estate), the surviving spouse, domestic partner, children, parents, or other dependents.

The Discovery Rule: When You Didn't Know You Were Injured

Sometimes injuries are not immediately apparent. A person exposed to a toxic substance at work might not develop symptoms for years. A surgical error might not be discovered until a subsequent procedure reveals the problem. In these situations, Nevada's discovery rule can extend the statute of limitations.

Under the discovery rule, the two-year clock doesn't start until the injured person knew or should have known about the injury and its cause. Nevada courts have applied this rule in cases involving:

• Medical malpractice — where the injury was not immediately apparent
• Toxic exposure — where symptoms developed long after exposure
• Latent injuries — where the full extent of damage was not discoverable at the time of the incident

However, the discovery rule has limits. Courts require that you act with reasonable diligence. If you had symptoms that a reasonable person would have investigated but you ignored them for years, the discovery rule may not save your claim.

Medical Malpractice: A Special Deadline

Medical malpractice cases in Nevada have their own statute of limitations under NRS 41A.097. You must file within the earlier of:

• Three years from the date of the injury, OR
• One year from the date you discovered (or should have discovered) the injury

Additionally, before filing a medical malpractice lawsuit in Nevada, you must obtain an affidavit from a medical expert supporting your claim. This adds time to the pre-litigation process, making it even more important to contact an attorney well before the deadline.

Tolling: When the Clock Pauses

In certain situations, the statute of limitations is tolled — meaning the clock pauses temporarily. Nevada recognizes tolling in the following circumstances:

Minors

If the injured person was under 18 at the time of the injury, the two-year statute of limitations does not begin until they turn 18. This means a child injured in a car accident at age 10 would have until age 20 to file a lawsuit. However, this does not apply to the parents' separate claims for medical expenses they incurred on behalf of the child — those still have a standard two-year deadline.

Mental Incapacity

If the injured person is mentally incapacitated at the time of the injury and unable to manage their own affairs, the statute of limitations is tolled until the incapacity is removed. This often applies in traumatic brain injury cases where the victim is in a coma or lacks the cognitive ability to understand their legal rights.

Defendant Leaves the State

Under NRS 11.300, if the defendant leaves Nevada after the cause of action accrues, the time of absence is not counted toward the statute of limitations. This prevents someone from evading a lawsuit by simply leaving the state.

Claims Against the Government: Shorter Deadlines

If your injury was caused by a Nevada state or local government entity — for example, a car accident involving a government vehicle, or a dangerous condition on a government-owned road or building — you face much shorter deadlines.

Under NRS 41.036, you must file a written claim with the government entity within two years of the injury. However, the government entity then has time to investigate and deny the claim before you can file a lawsuit. In practice, this means you need to start the process much earlier than you would with a private defendant.

Government claims also involve sovereign immunity issues and damage caps that make them more complex. If you believe a government entity was responsible for your injury, contact an attorney immediately.

Property Damage: A Three-Year Deadline

While personal injury claims have a two-year statute of limitations, claims for property damage have a slightly longer window. Under NRS 11.190(3)(c), you have three years to file a lawsuit for damage to your property — your vehicle, personal belongings, etc.

This means that in a car accident case, your personal injury claim and your property damage claim technically have different deadlines. Most attorneys handle both together, but it's worth knowing the distinction.

What Happens When You Miss the Deadline

If you file your lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss, and the court will almost certainly grant it. Your case will be thrown out regardless of its merits.

This is not a technicality that judges overlook. The Nevada Supreme Court has consistently upheld strict enforcement of statutes of limitations. In the rare cases where exceptions apply, the burden is on you (the plaintiff) to prove that an exception should be granted. It's an uphill battle.

Why You Should Not Wait

Even though you technically have two years, waiting is a terrible strategy. Here's why:

• Evidence disappears. Traffic camera footage is typically overwritten within 30 to 90 days. Witnesses' memories fade. Physical evidence at the scene changes.
• Witnesses move or become unreachable. The person who saw your accident may relocate, change phone numbers, or simply forget the details.
• Medical records become harder to connect to the accident. The longer the gap between your injury and your treatment, the easier it is for the insurance company to argue something else caused your problems.
• Building a strong case takes time. Your attorney needs months to investigate, gather evidence, consult experts, and negotiate. Starting late compresses this process and can weaken your case.

Ryan Alexander has recovered over $100 million for clients across Nevada. Cases that produce the best results almost always start early — within days or weeks of the injury, not months or years.