How Long Do I Have to File My Personal Injury Lawsuit?

Every state has statutes (legislatively enacted legal rules) that provide deadlines for filing lawsuits.  These statutes are called “statutes of limitation.”  Statutes of limitation are primarily designed to force plaintiffs to be diligent in pursuing valid legal claims and to ensure that relevant evidence is not lost or destroyed due to the passage of time.  The deadlines for filing a lawsuit are different depending on the specific legal claims being asserted.  This blog is dedicated to personal injury “limitation periods” (or filing deadlines). 

Most personal injury claims have a two-year limitation period.  This means a plaintiff with a Las Vegas personal injury claim will typically have two years from the date of the event or accident to file a lawsuit.  Otherwise, even if you have a valid claim, your lawsuit will be barred by the applicable statute of limitation.  Car accident claims are the easiest to calculate as the date of the incident giving rise to the claim is simple, i.e., the date of the accident.  Calculation of the limitation period for other claims may not be as simple.

For instance, what if you are prescribed medication that you should not have been prescribed due to an existing and known health condition. You may not exhibit complications or injuries for weeks or months after you begin taking the drug.  In such cases, the limitation period will not begin to run on the date you were wrongfully prescribed the medication but when you knew or should have known that wrongful prescription caused you damages.       

Additionally, limitation periods can be “tolled” or paused in certain circumstances such as when the plaintiff is a minor or a bankruptcy is filed that “stays” or delays the litigation.  In some cases, parties can even agree to modify the relevant limitation period.

Below is a chart outlining the various Nevada limitation periods for most personal injury/plaintiff’s claims

Plaintiff’s Cause of Action Limitation Period
Assault 2 years
Battery 2 years
Defamation

(Slander Libel)

2 years
False imprisonment 2 years
Medical malpractice

Either 3 years or 1 year

Negligence

(Car Accidents

Motorcycle Accidents

Pedestrian Accidents

Truck Accidents

Premises Liability

Slip & Falls

Burn Injury

Brain Injury

Animal Attacks)

2 years

Product Liability 4 years
Property Damage 3 years
Wrongful death 2 years

If you or a loved one has a limitation period question, has been injured in an accident or otherwise believe you/they have a legal claim, contact the Personal Injury Attorneys of Las Vegas at The Hayes Law Firm.  Our attorneys possess the expertise to handle your case and bring about a fair and just result.  Here at The Hayes Law Firm we promise that you will meet with a seasoned Personal Injury Attorney.  Contact an experienced Nevada Personal Injury Lawyer to discuss your case for a FREE and CONFIDENTIAL consultation.

By |2019-04-24T10:07:19+00:00April 21st, 2019|