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Nevada Statute of Limitations

Nevada Statute of Limitations

NOTE: The COVID-19 pandemic has led to two significant changes that affect Nevada residents’ ability to file legal claims:

  • Providers of medical services related to the pandemic are immune to prosecution for malpractice.
  • Statutes of limitations are suspended until 30 days after the end of the declared state of emergency.

What Is the Statute of Limitations in Nevada?

For most civil cases and misdemeanors, there is a three-year time limit to file charges in Nevada. For criminal offenses like theft, robbery, arson, burglary, forgery, and sexual assault, there is a four-year statute of limitations, and there is no time limit for murder cases.

What Is the Nevada Statute of Limitations for Personal Injury?

The statute of limitations in Nevada for personal injury and negligence cases is typically two years from the date of the injury in question.

The Nevada statute of limitations for personal injury reads:

“Within 2 years:

“(e) Except as otherwise provided in NRS 11.215, 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. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.” (Nev. Rev. Stat. Ann. § 11.190)

However, the statute of limitations in Nevada for personal injury cases includes a discovery rule: If the injury is not discovered right away, the two-year window to file claims begins when the injury is or should have been discovered.

Toxic Tort

2 Years

Toxic tort claims are covered under the same statute as personal injury cases.

Wrongful Death

2 Years

The personal injury statute (§ 11.190) also covers wrongful death cases.

What Is the Statute of Limitations for Medical Malpractice in Nevada?

The medical malpractice statute of limitations in Nevada is four years.

“Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.” (Nev. Rev. Stat. Ann. § 41A.097)

Is There a Legal Malpractice Statute of Limitations in Nevada?

Yes: The Nevada legal malpractice statute of limitations is four years from the date the malpractice occurred or four years from the date the malpractice could have been reasonably discovered.

Accountant Malpractice

Cases of professional malpractice involving accountants may be pursued for four years from completion of the services in question or two years from when the malpractice is discovered.

Product Liability

2 Years

“Within 2 years:

“(e) Except as otherwise provided in NRS 11.215, 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. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.” (Nev. Rev. Stat. Ann. § 11.190)

Discovery Rule

“The general rule concerning the statute of limitations is that a cause of action accrues when the wrong occurs and a party sustains injuries for which relief could be sought.” (Petersen v. Bruen, 106 Nev. 271, 274, 792 P.2d 18, 20 (1990))

What Is the Nevada Statute of Limitations for Fraud?

The statute of limitations for fraud cases in Nevada is three years.

“Within 3 years:

“(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.” (Nev. Rev. Stat. Ann. § 11.190)

Child Sex Abuse

The civil statute of limitations for child sex abuse is 20 years from the age of majority (18) or from the time of discovery of the injury.

Municipal Liability/Sovereign Immunity

Nevada governmental agencies are generally not immune to prosecution.

Comparative Negligence

In Nevada, you can only recover damages if you are less than 50% to blame for your injuries, and your recovery is diminished by your degree of fault.

Legal Disabilities

Medical malpractice actions must be brought by the parent, guardian or legal custodian of a legally disabled plaintiff. The statute of limitations is not tolled except in cases of brain damage or birth defects, which are tolled until the child is 10 years old, or cases of sterility, which are tolled until two years from discovery.

Malpractice Damages

Medical malpractice pain and suffering awards are limited to $350,000 except in cases of gross malpractice or exceptional circumstances. Damages are limited to insurance coverage.

Punitive Damages

Clear and convincing evidence must be presented to prove that the defendant is guilty of oppression, fraud or malice, express or implied, for punitive damages to be awarded. Punitive damages are capped at three times the compensatory damages if damages exceed $100,000 or no more than $300,000 if compensatory damages are less, but this does not apply in product liability cases. Numerous other statutory limitations apply.

Consumer Fraud Complaints

Consumer fraud complaints should be directed to the Bureau of Consumer Protection. Call (702) 486-3132 or 1-888-434-9989.

Frequently Asked Questions

What Is the Statute of Limitations for Debt in Nevada?

Mortgage Debt

6 years

Medical Debt

6 years

Credit Card Debt

4 years

Auto Loan Debt

4 years

State Tax Debt

10 years

 

Is There a Separate Las Vegas Statute of Limitations?

No: Las Vegas follows the same statutes of limitations as the rest of Nevada.

How Long Do You Have to File a Medical Malpractice Lawsuit in Nevada?

Nevada has two different statutes of limitations for medical malpractice: You have four years from the day the actionable offense occurred or two years from the day the injury could reasonably have been discovered.

How Long Does an Insurance Company Have to Settle a Claim in Nevada?

If a claim is accepted, the insurer has 30 days to pay the claim, starting on the acceptance date. If the insurer does not pay within the time limit, they must pay interest on the claim until it is paid in full.

How Do I Sue the State of Nevada?

To sue the state of Nevada, you must start by submitting a claim form to the state Board of Examiners. If your claim is denied, you may then file a lawsuit in civil court within two years of the offense.

How Long Does it Take to Settle a Legal Malpractice Lawsuit?

The length of a legal malpractice suit can vary significantly, often taking three or four years to conclude. These cases tend to be very complex, requiring a lengthy investigation, and litigation can also drag on due to a crowded court calendar.

Is there a Statute of Limitations on Federal Crimes?

There is no statute of limitations for federal crimes that are punishable by death or for federal crimes of terrorism or certain federal sex offenses. For all other federal crimes, prosecution must begin within five years of the criminal action.

What Does “NRS” Mean in Nevada?

NRS is the Nevada Revised Statutes, the current codified laws for the state of Nevada.

What Is the Difference Between NRS and NAC?

The Nevada Revised Statutes (NRS) are the current laws that apply to everybody in the state of Nevada, while the Nevada Administrative Code (NAC) outlines the administrative regulations of the Executive Branch.

How Much Is Grand Theft in Nevada?

Nevada defines grand larceny (also known as grand theft) as the deliberate theft of property with a value of $1,200 or more.

Do you have questions about Statute of Limitations? Ask them here!

Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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