A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Nevada for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Nevada lawyer to find out how a statute of limitations applies to your situation.
Actions based on fraud must be filed within 3 years.
These types of actions must be filed within 2 years from the date of the action.
All actions against medical professionals must be filed within 4 years of the date of the act resulting in the injury, or within 2 years of the date the injury was, or should have been, discovered, whichever occurs first. Parents are generally responsible for filing medical malpractice actions on behalf of their minor children. The actions must be filed within the standard limitations period. However, if the minor suffers a birth defect or brain injury as a result of the medical malpractice action, the claim must be filed by the minor child’s 10th birthday. Additionally, if the minor suffers an injury resulting in sterility, caused by an act of medical malpractice, the claim must be filed within 2 years of the date the injury was discovered.
Personal injury actions must be filed within 2 years from the date of the injury.
Product liability actions must be filed within 4 years from the date of the injury.
All actions against legal and veterinary professionals must be filed within 4 years of the date of the act resulting in the injury, or within 2 years of the date the injury was, or should have reasonably been, discovered, whichever occurs first.
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Nevada, when the injured party is a minor the limitations period begins to run on that minor’s 18th birthday. This exception does not apply in medical malpractice or wrongful death cases, however. In those instances, please refer to the above information, or refer to the statute directly. If an injured party is deemed to be mentally incompetent or insane during the time of the injury, the period of disability will not be included in calculating the limitations period.