Statutes of Limitations in Nevada

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