After an injury in Nevada, time is not on your side. Different types of cases have different strict deadlines – miss them, and you lose your right to compensation forever. Based on 40 years of experience handling injury cases, we’ll help you understand which deadlines apply to your situation.
Quick Reference: Critical Filing Deadlines
| Type of Case | Typical Time to File | Starts From |
|---|---|---|
| Most Personal Injuries | 2 years | Date of injury |
| Government Claims | 180 days | Date of injury |
| Medical Malpractice | 1-2 years* | Discovery of injury |
| Wrongful Death | 2 years | Date of death |
*Critical Update: For medical malpractice injuries after October 1, 2023, you have 2 years from discovery (previously 1 year). However, no claim can be filed more than 3 years after the injury occurred.
Why These Deadlines Matter
Missing your deadline means:
- Case dismissed permanently
- No compensation possible
- All costs become your responsibility
- No exceptions for strong cases
Don’t try to figure out which deadline applies to your case alone. The rules are complex, and the consequences of mistakes are severe. Let’s examine each type of case to understand your specific situation.
Standard Personal Injury Cases: The Two-Year Rule
Most injury cases in Nevada give you two years to file a lawsuit. This includes car accidents, slip and falls, motorcycle crashes, and similar incidents. The clock typically starts running the day you’re injured.
When You Might Have More Time: The Discovery Rule
Sometimes injuries aren’t immediately apparent. Nevada law recognizes this through the “discovery rule.” Your two-year clock might start when you:
- Discover the injury exists
- Learn what caused it
- Identify who’s responsible
Example: Hidden injuries from a car accident that only become apparent weeks later through medical testing. Your timeline might start from discovery, not the accident date.
Critical Short Deadlines: Cases Requiring Quick Action
Government Claims: 180-Day Notice Required
If your injury involves any government entity, you have just 180 days to file a formal notice. This includes accidents involving:
- City buses or vehicles
- Public schools
- Government buildings
- State hospitals
- Police departments
- Public parks
The process has two strict deadlines:
- Notice of Claim: 180 days from injury
- Lawsuit Filing: 2 years after claim denial
Missing either deadline bars your claim forever.
Medical Malpractice Claims: Recent Changes
Medical malpractice cases follow special rules:
| When Injury Occurred | Time to File |
|---|---|
| Before Oct 1, 2023 | 1 year from discovery |
| After Oct 1, 2023 | 2 years from discovery |
| All Cases | Maximum 3 years from injury* |
- Exception: If the healthcare provider concealed the malpractice, the 3-year limit may be extended.
Wrongful Death Claims
For wrongful death cases:
- 2-year deadline
- Starts from date of death
- Not the date of injury
- Applies even if death occurs long after injury
Special Circumstances That Affect Your Deadline
Cases Involving Minors
- Regular injuries: Deadline paused until 18th birthday
- Medical malpractice: Special rules apply
- 4 years from injury, or
- Until child’s 8th birthday, whichever is later
Out-of-State Defendants
The deadline “pauses” when the defendant:
- Lives outside Nevada
- Leaves Nevada
- Conceals themselves within Nevada
This helps protect your rights when defendants are hard to locate.
What Happens If You Miss Your Deadline
Courts strictly enforce these deadlines. Even being one day late typically means:
Real Impact: We’ve seen strong cases dismissed solely because they were filed too late. No matter how severe your injuries or clear the fault, courts must enforce these deadlines.
- Case dismissed with prejudice
- Permanent loss of compensation rights
- Full responsibility for medical costs
- No recovery of lost wages
- Insurance companies won’t settle
Limited Exceptions to Missed Deadlines
Courts rarely extend deadlines. Exceptions only apply when:
- Defendant actively hid their identity
- Fraud prevented injury discovery
- Legal disability made filing impossible
- Written agreement extends deadline
Never count on qualifying for these rare exceptions.
Taking Action: Protecting Your Rights
Start Building Your Case Today
Create your case file immediately:
| What to Keep | Why It’s Critical |
|---|---|
| Medical Records | Documents injury progression |
| Accident Photos | Preserves immediate evidence |
| Witness Information | Memories fade quickly |
| Bills & Receipts | Proves financial impact |
| Communications | Shows claim history |
Immediate Steps to Take
- Get medical care – document everything
- Report the incident appropriately
- Track daily symptoms and limitations
- Preserve all evidence
- Avoid social media posts about your case
Critical Warning: Never discuss your case with insurance adjusters before getting legal advice. Their job is to minimize your claim.
Why Early Legal Help Matters
With multiple deadlines and complex rules, early guidance helps:
- Identify your specific deadlines
- Preserve critical evidence
- Handle insurance companies properly
- Meet all notice requirements
- Protect your right to compensation
Having handled injury cases for 40 years, we’ve seen how missing deadlines devastates families. Don’t risk your rights – understanding which deadlines apply to your case is your first step toward fair compensation.
Our Location
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
