What is the Car Accident Statute of Limitations in Nevada?
Before we dive into the specifics of the law in Nevada, let’s back up and explain that a “statute of limitations” is simply a state law that puts a time limit on your right to file a lawsuit in court after you have suffered some type of harm or loss. These deadlines vary depending on the kind of case you’re bringing, but the filing deadline is almost always expressed in years.
In Nevada, there are a few different statutes of limitations that could come into play after a vehicle accident.
First, Nevada Revised Statutes section 11.190 says that “an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another” must be filed within two years.
That means, if anyone was injured as a result of the accident -- including a driver, vehicle passenger, bicyclist, motorcycle rider, or pedestrian -- and they intend to bring a lawsuit against the person who caused the crash, they must do so within two years of the accident date.
The same statute of limitations applies if the car accident caused someone’s death, and their family or a representative wants to bring a Nevada wrongful death claim. The only difference is that for these cases, the two-year “clock” starts running on the day of the accident victim’s death, which could be later than the date of the accident itself.
For vehicle or other property damage caused by a car accident in Nevada, any lawsuit must be filed within three years of the accident, according to Nevada Revised Statutes section 11.190.
If you try filing a Nevada car accident lawsuit after the statute of limitations deadline has passed, the defendant will almost certainly ask the court to dismiss the case, and the court will grant the dismissal. So it is critical to understand the statute of limitations and how it applies to your potential lawsuit.
Finally, it’s always a good idea to leave yourself plenty of time to file a lawsuit, even if you are confident your case will be resolved through a car insurance settlement. Keeping all your options on the table will at least give you more leverage during settlement discussions. If the statute of limitations deadline is coming up, you may want to discuss your case with an experienced Nevada car accident attorney.
by: David Goguen, J.D.