Nevada Revised Statutes 11.190 – Statute of Limitations

Nevada Statute of Limitations Discovery Rule

The Nevada statute of limitations discovery rule tolls the statute of limitations when certain circumstances are present in the case. To toll the statute of limitations means that the clock is not running on the statute of limitations for a period of time. In some cases, a victim of a personal injury doesn’t know that they’re the victim of a personal injury. The injury may not be immediately known, or the person responsible may be taking steps to hide what happened.

Under the discovery rule, the statute of limitations doesn’t run during the period before the victim discovered or should have discovered the injury. However, a person can’t be willfully blind to their injuries, either. It all depends on what a reasonable person should have known or been aware of at the time. The purpose of the discovery rule is to make sure the statute of limitations is fair to victims who may not be aware of what happened until a period of time after the injury occurs.

Nevada Statute of Limitations and Minor Children

When it comes to minor children and the Nevada statute of limitations, there are a few special rules that apply. First, generally, the statute of limitations is tolled until the child turns 18. However, in cases of medical malpractice, the child has until only one year after discovering the injury regardless of the child’s age. For a brain injury, the child has until they are ten years old, or the typical statute of limitations in medical malpractice cases applies for an older child.

In the case of sterility, the child has two years after the injury to bring a legal claim. In a sexual abuse claim, the child has ten years after they turn 18 or 10 years from when the victim should have discovered the injury, whichever is later. For a case of child sexually abusive material, the time limit is when the victim turns 18 or when the court enters a verdict in a criminal case.

Nevada Statute of Limitations and an out of State Defendant

Nevada law says the statute of limitations tolls while the defendant is living out of state. The purpose of the law is to give the plaintiff a fair opportunity to serve the defendant with the legal paperwork. However, in the 1966 Nevada Supreme Court case Bank of Nevada v Friedman, the court said where the civil rules of legal procedure allow for service in-state at the defendant’s address, tolling of the statute of limitations does not apply.^[2]

The Supreme Court said that because civil court rules allow for alternate service when an out-of-state defendant maintains a residence in the state, tolling of the statute of limitations didn’t apply in the case. It’s important to be aware that multiple factors may impact how the statute of limitations applies in any case.

Things to Know About the Statute of Limitations in Nevada

There are a few things to be aware of when it comes to the statute of limitations. The first is to simply be aware that the statute of limitations exists. If you believe that you may have a legal claim, it’s important not to wait to begin to pursue it. It takes some time to draft effective legal pleadings. The more time that you have to investigate your claim and pursue it carefully, the easier the legal process is going to be.

The second thing to know about the statute of limitations is that there are exceptions that might apply. Even if you think the statute of limitations may have run in your case, it’s important to speak with an experienced attorney about it. You may be surprised to learn that one of the various exceptions applies, and you can still pursue your case.

The third thing to know is that even if the statute of limitations is fast approaching, you have to beat the deadline by only one day. Even if you file your case with the court at 4:59 p.m. on the last day of business before the deadline, you’ve beaten the statute of limitations. Although it’s best to start early, it’s possible to pursue your claim until the very last day of the time limit. Once you get your case filed on time, you have as long as it takes for the case to process through the courts.

Contact Our Injury Attorneys in Las Vegas, NV

Have you been injured? Are you wondering about your legal claim? Do you have questions about the statute of limitations? Call our Nevada civil attorneys today.

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