Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Personal injury law is highly fact-specific, and the deadlines and exceptions described below will not apply the same way to every case. Every situation should be evaluated on its own facts.
In Nevada, most personal injury victims have 2 years from the date of injury to file a lawsuit under NRS 11.190(4)(e). Miss that window and a court can dismiss the claim entirely, no matter how strong the evidence is.
The attorneys at Cogburn Davidson Car Accident & Personal Injury Lawyers have recovered more than $250 million for injured clients across Las Vegas and Henderson, and firm founder Jamie Cogburn is one of just 19 attorneys in Nevada certified in personal injury law. That combination of trial experience and case results is why injured Nevadans turn to Cogburn Davidson when the clock is running.
This article walks through how Nevada's statute of limitations works, which exceptions can shorten or extend it, and what steps to take now to protect a claim.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit in court. Once it expires, the defendant can ask the judge to dismiss the case regardless of fault, so a valid claim that arrives even one day late can be worth nothing in court.
The deadline exists to keep evidence fresh and give both sides a reasonable window to resolve a dispute, but it applies whether or not an injured person knows it exists.
How Long Do You Have to File a Personal Injury Claim in Nevada?
Nevada's general rule gives injury victims two years to file suit, measured from the date of the injury. This deadline comes from NRS 11.190(4)(e), Nevada's general statute of limitations for actions to recover damages for personal injury.
Two points determine when that two-year clock actually starts:
- Standard cases: The clock starts on the day the accident happened, not the day settlement talks begin or end.
- Discovery rule cases: When an injury is not immediately apparent, such as a soft-tissue or brain injury that surfaces weeks after a crash, the two-year period may instead begin on the date the injury was discovered, or reasonably should have been discovered.
What Types of Claims Does the Two-Year Deadline Cover?
The two-year rule under NRS 11.190(4)(e) applies broadly to negligence-based personal injury and wrongful death claims. Common examples include:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Rideshare (Uber and Lyft) accidents
- Slip and fall and other premises liability claims
- Casino and hotel injuries
- Negligent security claims
- Dog bite injuries
- Wrongful death is measured two years from the date of death rather than the date of the underlying incident
Are There Exceptions to Nevada's Two-Year Deadline?
Anyone unsure which rule applies to their situation should confirm it early, since these exceptions carry their own strict cutoffs:
- Medical malpractice: For injuries occurring on or after October 1, 2023, NRS 41A.097(3) requires a lawsuit within three years of the injury or two years after the injury is discovered, whichever comes first.
- Claims involving minors: Under NRS 11.250, the limitations period is generally tolled while the injured person is under 18, so the two-year clock typically does not begin to run until that person's 18th birthday.
- Claims against a government entity: Under NRS 41.036, a person with a tort claim against the State of Nevada or one of its political subdivisions must file the claim within 2 years after the cause of action accrues with the Attorney General or the relevant governing body, separate from the standard lawsuit deadline.
Because these exceptions layer on top of the general rule, a case involving a government vehicle, a minor, or a medical provider can have more than one deadline running simultaneously.
What Is "No Win, No Fee" Representation?
"No win, no fee" describes a contingency fee arrangement. Instead of paying an hourly rate upfront, the client pays legal fees only if the attorney recovers compensation through a settlement or a verdict. If there is no recovery, no attorney's fee is owed.
How Do Contingency Fees Work in a Nevada Personal Injury Case?
Contingency fees are calculated as a percentage of whatever is ultimately recovered, and that percentage commonly increases as a case moves further into the legal process.
A typical structure might set one rate for a pre-litigation settlement, a higher rate once a lawsuit is filed, and a higher rate still if the case goes through trial or an appeal, reflecting the added time and risk at each stage.
The exact percentages and conditions should always be spelled out in a written fee agreement before an attorney is retained.
| Fee Model | Upfront Cost | Who Bears the Risk | When Payment Is Due |
| Contingency fee | None | Attorney advances costs and is paid only from a recovery | Only if the case settles or wins |
| Hourly bling | Retainer and ongoing invoices | Client, regardless of outcome | Due periodically, win or lose |
Working on contingency shifts the financial risk of litigation onto the law firm rather than the injured person, which is part of why the model is standard in personal injury cases. Two benefits stand out for clients:
- No upfront legal costs, while medical bills and lost wages are already piling up
- The attorney's incentives are aligned with the client's, since the firm is paid only if the client recovers
Why Choose Cogburn Davidson for Your Nevada Personal Injury Claim
Cogburn Davidson approaches every case with the mindset that it may go to trial, a posture that puts pressure on insurance companies to negotiate seriously rather than delay.
Jamie Cogburn brings nearly two decades of experience and is one of only 22 attorneys in Nevada certified in personal injury law. The firm holds a 4.9-star rating based on more than 500 client reviews.
That trial-ready approach has produced results such as:
| Recovery | Case Type |
| $11.7 Million | Negligent Security |
| $11.1 Million | Elder Abuse |
| $6.8 Million | Car Accident |
| $6 Million | Negligent Security |
| $4.2 Million | Negligence |
| $3.7 Million | Car Accident |
| $3.4 Million | Slip and Fall |
Keep in mind: Past results depend on the specific facts of each case and do not guarantee a similar outcome in a future case.
Steps to Take Before Nevada's Filing Deadline
- Seek medical treatment and keep records of every visit, diagnosis, and bill.
- Identify which deadline applies, since a government-entity claim, a minor's claim, or a medical malpractice claim may run on a different clock than the general two-year rule.
- Preserve evidence early, including photos, witness contact information, and any police or incident report.
- Avoid giving a recorded statement to an insurance adjuster before speaking with an attorney.
- Consult a Nevada personal injury attorney well before the deadline approaches, since building a case takes time even after a claim is filed.
Frequently Asked Questions
How much does it cost to hire a personal injury lawyer in Nevada?
Most Nevada personal injury attorneys, including Cogburn Davidson, work on a contingency fee basis. There is no upfront cost, and the fee is paid only from a settlement or verdict.
How long do I have to file a personal injury claim in Nevada?
Most claims must be filed within two years of the injury under NRS 11.190(4)(e), though medical malpractice, claims involving minors, and claims against government entities follow different timing rules.
What happens if I miss the statute of limitations deadline?
A court will typically dismiss the case if the defendant raises the missed deadline as a defense, regardless of how strong the underlying evidence is.
Can I still file a claim if I was partially at fault for the accident?
Nevada follows a modified comparative negligence rule, so a person who is 50% or less at fault can generally still recover, though their percentage of fault reduces the award. Whether a specific case qualifies depends on the facts involved.
What if the injured person is a minor?
Under NRS 11.250, the statute of limitations is generally tolled until the minor turns 18, though a parent or guardian may also file on the minor's behalf beforehand.
Let Us Help You Protect Your Claim Before Nevada's Deadline Runs Out
Nevada's filing deadlines are strict, and the exceptions that apply to minors, government claims, and medical malpractice cases only add to the complexity.
Hunter Davidson has built his practice representing clients through the Nevada Supreme Court on elder abuse and neglect matters. The firm's attorneys regularly appear before Nevada courts on behalf of injured clients rather than settling every case at the first opportunity. That track record of actually litigating cases, not just negotiating them, is what allows Cogburn Davidson to give clients a realistic read on their deadline and their options from the first conversation.
Contact Cogburn Davidson Car Accident & Personal Injury Lawyers today for a free case evaluation.