What is the Property Damage Statute of Limitations in Nevada?

If someone else's negligent or intentional action ended up causing damage to your property in Nevada, you might be thinking about making a property damage claim. If so, it's important to understand the statute of limitations and how it applies to your potential lawsuit, in case you end up taking the matter to court. Here's what you need to know about the rules for filing a property damage case in Nevada.

What Is a "Statute of Limitations"?

Let's start with the basics. A "statute of limitations" is a state law that puts a strict limit on how much time can pass before you need to get a case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.

What's the Filing Deadline for Nevada Property Damage Claims?

In Nevada, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years. This rule can be found at Nevada Revised Statutes section 11.190, which sets this three-year deadline for the filing of:

• an action for "waste or trespass" of real property, and
• an action for taking, detaining or injuring personal property.

(Note: Damage to real property falls under the definition of "waste or trespass" in this context.)

So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of his/her house caused by someone else's negligence, that case must be brought within three years in Nevada. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.

Get more details on how property damage claims work.

Does the Statute of Limitations Apply to Insurance Claims?

No, the statute of limitations only applies to lawsuits filed in Nevada court, not to insurance claims involving property damage. But if insurance coverage is in play, you'll want to get the claim process started as soon as possible, and leave yourself plenty of time to take your property damage case to court if you need to (or at least preserve the court option as leverage during settlement negotiations).

What If I Miss the Filing Deadline for My Nevada Property Damage Claim?

If you try to file your Nevada property damage lawsuit after the three-year time limit has expired, it's a safe bet that:

• the defendant (the person you're trying to sue) will file a motion asking the court to dismiss the case, and
• the court will grant the dismissal, unless rare circumstances make an extension of the deadline appropriate (more on this later).

That is why it's crucial to pay attention to (and comply with) the Nevada statute of limitations for property damage claims.

Extending the Lawsuit Filing Deadline in Nevada

For most kinds of civil lawsuits in Nevada—including property damage claims—a number of (relatively rare) situations could effectively extend the three-year lawsuit filing deadline laid out in the statute of limitations. Let's look at a few examples.

The Property Owner's Legal Disability

Special deadlines apply if, at the time the property damage occurs, the property owner is "under a legal disability" according to Nevada law. That means they're:

• under the age of 18
• considered legally insane, or
• have been in the custodial care of the state (other than imprisoned) since before the age of 18.

In all of these situations, the three-year "clock" usually won't start running until the "legal disability" ends (meaning the property owner turns 18, is declared sane, or is released from the state's custodial care). This rule can be found at Nevada Revised Statutes section 11.250.

The Defendant's Absence From the State

If the person who caused the property damage leaves the state of Nevada before the lawsuit can be filed, the time of the absence probably won't be counted as part of the three year filing period (the "clock" pauses during the defendant's absence from the state, in other words. (Nevada Revised Statutes section 11.300.)

Other circumstances may affect the Nevada statute of limitations, and how it's calculated. Do some research on your own, or talk to a Nevada attorney for more details.

Where Do I File a Property Damage Lawsuit In Nevada?

Most civil lawsuits are filed in one of Nevada's District Courts, which have the power to hear most kinds of legal disputes in the state. There are 11 judicial districts spread out over Nevada's 17 counties. Chances are you'll file your property damage lawsuit in the county where the person you're suing lives, or where your property is (or was) located.

Can I File a Property Damage Lawsuit In Nevada Small Claims Court?

Yes. Small claims court is an option for your Nevada property damage case, as long as you're not seeking more than $10,000 in compensation. In Nevada, small claims cases are heard by the state's Justice Courts.

Do I Need a Lawyer for a Property Damage Claim?

If you've got a standalone property damage claim, and there's insurance coverage in play, handling the claim process on your own might be the right move, at least at the outset. It can be a challenge to find an attorney who will agree to handle a case that involves only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.

But a Nevada lawyer's help might be crucial if, on top of property damage, your case involves personal injury or some other legal issue. In that situation (where the at-fault party's personal injury and property damage liability overlap) the lawyer might also agree to take your case on a contingency fee basis, meaning you don't pay for the lawyer's services unless you receive a settlement or court award. Get tips on finding the right lawyer for you and your case.