Missing the deadline to file your personal injury claim means losing your right to compensation forever, no matter how strong your case might be. Nevada’s statute of limitations for personal injury claims is two years from the date of your injury. This hard deadline applies to car accidents, slip and falls, motorcycle crashes, and most other injury cases throughout Reno, Sparks, and Northern Nevada.
What often surprises people is that certain circumstances can dramatically change this timeline. Understanding these exceptions could mean the difference between recovering fair compensation and walking away empty-handed.
Do not wait until it is too late. Call Viloria, Oliphant, Oster & Aman today at (775) 284-8888 for a free consultation with an expert personal injury lawyer and protect your rights before the clock runs out.
Key Takeaways About Personal Injury Claim Deadlines in Nevada
- In Nevada, you have exactly two years from the date of your injury to file most personal injury claims, with no extensions for delays or oversight.
- Government claims require action within six months, not two years, making them the tightest deadline in Nevada personal injury law.
- The discovery rule can extend your filing deadline if you couldn't reasonably have known about your injury immediately.
- Missing the statute of limitations means courts will dismiss your case permanently, regardless of fault or damages.
- Starting your claim early gives your attorney time to build a stronger case and negotiate better settlements.
How Viloria, Oliphant, Oster & Aman Can Protect Your Rights
When you're dealing with injuries and mounting medical bills, tracking legal deadlines feels impossible. That's where having a Nevada personal injury lawyer from Viloria, Oliphant, Oster & Aman makes all the difference.
Our Reno personal injury attorneys have protected Northern Nevada residents' rights for over 25 years, never letting a single client miss a filing deadline. We handle all the legal timelines while you focus on healing.
Our team immediately documents your case, preserves evidence, and files all necessary paperwork well before any deadlines approach. With offices right here on California Avenue in Reno, we serve injured victims throughout Washoe County, Carson City, Douglas County, and the Lake Tahoe area.
Unlike firms that rush settlements, we prepare every case for trial from day one. This approach often leads to better settlement offers because insurance companies know we won't back down.
Nevada’s Two-Year Statute of Limitations for Personal Injury Claims
The Key Deadline Every Nevada Accident Victim Must Understand
Under Nevada Revised Statute 11.190, most personal injury claims must be filed within two years of the date of your injury. This clock starts the moment the accident happens, even if you do not immediately realize the full extent of your injuries.
The two-year statute of limitations applies to nearly all personal injury cases in Northern Nevada. This includes car accidents on I-80 through Reno, motorcycle crashes on Highway 395, pedestrian accidents in downtown Sparks, and slip and falls at local businesses.
The law makes no exceptions for personal circumstances such as busy schedules, financial challenges, or ongoing medical treatment.
What “Filing a Claim” Really Means in Nevada Courts
“Filing” a claim means submitting a formal complaint to the appropriate Newvada court before the statute of limitations expires. Notifying an insurance company or sending a demand letter does not count as filing. To preserve your rights, your Reno personal injury attorney must prepare and submit the proper legal documents directly to the court system.
A common mistake is assuming that ongoing negotiations with an insurance adjuster pause or extend the deadline. They do not. In fact, insurance companies often benefit when accident victims miss their filing window, since this eliminates their legal obligation to pay compensation.
Critical Exceptions That Change Your Filing Timeline
Sometimes injuries don't show symptoms immediately. Nevada's discovery rule recognizes this reality by starting the two-year clock when you knew or reasonably should have known about your injury. This exception often applies to traumatic brain injuries from car accidents or toxic exposure cases.
Medical malpractice claims follow a different timeline under NRS 41A.097. You have one year from discovering the injury or three years from the medical treatment, whichever comes first. These cases require specific procedures before filing, including obtaining an affidavit from a medical expert.
Government Entity Claims Require Faster Action
Accidents involving government vehicles or property follow completely different rules. Whether you slipped on ice at a Reno city building or were hit by a Washoe County vehicle, you must file a notice of claim within six months.
The process for government claims involves specific forms and procedures that vary by entity. Missing even minor technical requirements can end your case before it begins. Each government level has its own rules:
- Federal claims under the Federal Tort Claims Act require action within two years
- Nevada state claims need filing within two years but may require earlier notice
- Local government claims in Reno or Sparks demand six-month notice
- Special districts like the Reno-Tahoe Airport Authority have unique requirements
Government immunity laws add another layer of complexity to these cases. Not every government action that causes injury creates liability, making early legal consultation particularly important for these claims.
Special Rules for Minors and Incapacitated Persons
Children injured in accidents have extended time to file claims. Nevada law "tolls" or pauses the statute of limitations until a minor turns 18. However, parents can file on behalf of their injured child immediately, which often produces better results than waiting.
Adults who become mentally incapacitated due to their injuries may also receive extended filing time. The key is proving the incapacity prevented them from pursuing legal action. This requires medical documentation and often court proceedings to establish legal guardianship.
Common Mistakes That Destroy Valid Claims
The most common mistake injury victims make involves miscalculating their deadline. The two-year period does not mean two years and a few extra days. Courts enforce deadlines to the exact day and being even one day late means dismissal.
Weekend and holiday rules add confusion. If your deadline falls on a Saturday, Sunday, or legal holiday, you get until the next business day. But relying on this extension without confirming the exact date risks everything.
Waiting Too Long to Find Legal Representation
Starting your search for a personal injury attorney in Reno two weeks before your deadline creates massive problems. Quality law firms need time to investigate, gather evidence, and properly draft your complaint.
Evidence disappears quickly after accidents. Surveillance footage gets deleted, witnesses forget details, and physical evidence deteriorates. The sooner you contact an attorney, the stronger your case becomes. Insurance companies know delayed claims often lack supporting evidence, leading to lower settlement offers.
Believing Insurance Company Delay Tactics
Insurance adjusters know the statute of limitations works in their favor. They might drag out negotiations, request endless documentation, or promise settlements "any day now" while your deadline approaches.
Some adjusters may mislead accident victims about deadlines or suggest that filing a lawsuit is unnecessary. Remember, insurance companies protect their profits, not your interests. Their delays serve one purpose: running out your legal clock.
Why Acting Quickly Strengthens Your Nevada Injury Case
Fresh evidence tells the clearest story about your accident. Skid marks on Montgomery Avenue fade, witnesses moving away from Carson City forget details, and surveillance cameras at Reno businesses overwrite footage within days or weeks.
Acting quickly allows your attorney to send preservation letters demanding businesses and individuals maintain evidence. These legally binding requests prevent destruction of crucial proof. Photos of accident scenes, damaged vehicles, and injuries taken immediately after incidents carry more weight than those taken months later.
Your medical records also benefit from prompt action. Gaps in treatment or delayed initial medical care give insurance companies ammunition to claim your injuries weren't serious or resulted from something other than the accident.
Better Settlement Opportunities Come Early
Insurance companies evaluate claims differently depending on remaining time before the statute expires. Early claims signal serious intent and organization, often leading to more reasonable settlement offers.
When your personal injury lawyer in Nevada has months or years to work, they can thoroughly develop your case. This includes obtaining expert testimony, conducting depositions, and building comprehensive damage calculations. Rushed cases settled days before deadlines rarely achieve full value.
The negotiation dynamic completely changes when deadlines loom. Insurance companies know desperate claimants accept lowball offers rather than risk missing their filing deadline. Starting early keeps leverage on your side throughout negotiations.
What Happens When You Miss the Deadline
Missing Nevada's statute of limitations eliminates your legal rights permanently. Courts must dismiss time-barred cases regardless of how severely you were injured or how clearly someone else was at fault.
Judges have no discretion to extend deadlines because you didn't know the law or had personal hardships. The defendant simply files a motion to dismiss based on the expired statute, and your case ends. No exceptions, no second chances.
Limited Options After Missing Deadlines
Very few options exist after missing the statute of limitations. Unless you can prove rare circumstances like defendant fraud in concealing the injury, courts won't hear your case.
Some victims try arguing they had a verbal settlement agreement or the defendant promised to pay. These arguments almost never succeed. Nevada law requires written contracts for settlement agreements, and informal promises don't override statutory deadlines.
Your only real protection against missed deadlines involves hiring experienced legal representation early. Attempting to handle injury claims yourself while recovering from serious injuries risks everything.
FAQs for Nevada Personal Injury Lawyers
What if I was partially at fault for my accident in Nevada?
Nevada follows modified comparative negligence rules, meaning you can still recover damages if you were less than 51% at fault. Your compensation gets reduced by your percentage of fault, but the two-year statute of limitations still applies regardless of fault percentages.
Does the statute of limitations pause if I leave Nevada?
Generally, no. The clock keeps running even if you move out of state or travel for extended periods. However, if the defendant leaves Nevada, the statute might toll during their absence under specific circumstances.
Can I still file a claim if the at-fault driver died?
Yes, you can file a claim against the deceased driver's estate. However, estate claims involve additional procedures and potentially shorter deadlines, making immediate legal consultation important.
What if I didn't realize I was injured until months after my accident?
The discovery rule might apply, starting your two-year deadline from when you discovered or should have discovered your injury. Document when symptoms appeared and when doctors connected them to your accident.
How long do wrongful death claims have in Nevada?
Wrongful death claims must be filed within two years of the death, not the accident date. If the accident and death occurred on different dates, the timeline runs from the date of death.
Contact a Nevada Personal Injury Lawyer to Protect Your Rights
Every day you wait brings you closer to losing your legal rights forever. Nevada's strict deadlines don't pause for anyone, and insurance companies count on accident victims waiting too long to seek help.
The attorneys at Viloria, Oliphant, Oster & Aman have protected Northern Nevada residents since 1998, never letting a client miss a crucial deadline. We handle your legal timelines while you focus on recovery. Our Reno office serves injured victims throughout Washoe County and beyond, from Sparks to Carson City to Lake Tahoe.
Do not let the statute of limitations take away your right to fair compensation. Call (775) 284-8888 now for your free consultation and protect your claim before time runs out.