In Nevada, the answer depends on who was injured, how the injury occurred, and whether the injured person can pursue the claim themselves. An injured adult can typically file their own personal injury claim.
However, different rules may apply when the injured person is a minor, an incapacitated adult, or someone who died because of another person's negligence. Nevada law also imposes strict deadlines on many injury claims, making early action critical. Under Nevada's statute of limitations, most personal injury lawsuits must be filed within two years, though exceptions and tolling rules may apply in certain circumstances.
At Cogburn Davidson Injury Lawyers, we've spent nearly two decades helping injured Nevadans navigate these issues. We've recovered more than $250 million for injury victims, helped shape Nevada law through legislative advocacy, and built our reputation by preparing cases for trial when insurance companies refuse to do the right thing.
In this guide, we'll explain who can file a personal injury claim in Nevada, key filing deadlines, special rules for minors and incapacitated adults, wrongful death claims, and the steps you can take to protect your rights.
Key Legal Terms
| Term | Definition |
| Claimant | The person seeking compensation for injuries or losses. |
| Plaintiff | The person who files a lawsuit in court |
| Defendant | The person or company accused of causing the injury |
| Statue of Limitations | The legal deadline for filing a lawsuit |
| Guardian | A person authorized to act on behalf of a minor or incapacitated individual |
| Personal Representative | The persob authorized to act on behalf of a deceased person's estate. |
| Wrongful Death Claim | A claim arising when someone's death is caused by another person's wrongful act or negligence |
Who Can File a Personal Injury Claim in Nevada?
In most cases, the injured person files their own claim. However, Nevada law recognizes several situations where another person may need to act on the injured person's behalf.
Adults Injured by Another Person's Negligence
If you are an adult who suffered injuries because of another person's negligence, you can generally pursue your own claim. This includes injuries arising from:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Slip and falls
- Negligent security incidents
- Dog bites
- Nursing home negligence
- Other acts of negligence
Minors
Children cannot generally file lawsuits on their own. Instead, a parent, guardian, or court-appointed representative typically acts on the child's behalf.
Nevada law contains special rules that may pause or "toll" certain filing deadlines while a person is under 18 years old. Because these rules can be complex and exceptions may apply, parents should speak with an attorney as soon as possible after an injury rather than assuming additional time will always be available.
Incapacitated Adults
If an injured person is unable to manage their own affairs because of a physical or mental condition, a guardian or other authorized representative may be able to pursue a claim on their behalf.
These cases often arise following:
- Traumatic brain injuries
- Severe cognitive impairments
- Catastrophic injuries
- Certain nursing home abuse and neglect situations
Because guardianship and legal authority issues can significantly affect a case, early legal guidance is important.
Wrongful Death Claims
When someone dies because of another person's negligence or wrongful conduct, Nevada law allows certain individuals to bring a wrongful death claim.
Under NRS 41.085, wrongful death claims may generally be brought by:
- The decedent's heirs
- The personal representative of the decedent's estate
Nevada law defines "heirs" under its intestate succession rules. Depending on the circumstances, heirs may include:
- A surviving spouse
- Children
- Parents
- Other qualifying family members
Nevada Personal Injury Filing Deadlines
| Claim Type | General Deadline | Authority |
| Most Personal Injury Claims | 2 years from the date of injury | NRS 11.190 |
| Car Accident Claims | Typically 2 years | NRS 11.190 |
| Slip and Fall Claims | Typically 2 Years | NRS 11.190 |
| Wrongful Death Claims | Generally 2 years from death | NRS 41.085 |
| Claims Involving Minors | May be subjected to tolling rules | Nevada tolling provisions may apply |
Important Note: These deadlines can vary depending on the specific facts of a case. Certain claims involving government entities, medical malpractice, or unique circumstances may involve different requirements. Missing a filing deadline can permanently bar your right to recover compensation.
How to File a Personal Injury Claim
As an Injured Adult
Step 1: Seek Medical Attention
Your health comes first. Prompt medical treatment also creates important documentation linking your injuries to the incident.
Step 2: Preserve Evidence
Try to gather:
- Photos of the scene
- Photos of injuries
- Witness information
- Police reports
- Medical records
- Insurance information
Step 3: Notify the Appropriate Parties
Depending on the incident, this may include:
- Insurance companies
- Property owners
- Employers
- Government agencies
Step 4: Consult a Personal Injury Attorney
Early legal advice can help prevent mistakes that may harm your claim.
Step 5: Investigate and Pursue Compensation
Your attorney can gather evidence, evaluate damages, negotiate with insurers, and file a lawsuit if necessary.
For an Injured Minor
- Step 1: Obtain medical treatment immediately.
- Step 2: Document the incident and preserve evidence.
- Step 3: Identify the appropriate parent, guardian, or representative.
- Step 4: Consult an attorney regarding applicable deadlines and court approval requirements.
- Step 5: Pursue compensation on the child's behalf.
For an Incapacitated Adult
- Step 1: Obtain medical treatment and documentation regarding the person's condition.
- Step 2: Determine who has legal authority to act.
- Step 3: Preserve evidence relating to the incident.
- Step 4: Consult an attorney regarding guardianship and procedural requirements.
- Step 5: Pursue the claim through the appropriate representative.
For a Wrongful Death Claim
- Step 1: Determine who qualifies as an heir or personal representative.
- Step 2: Obtain relevant estate documentation if necessary.
- Step 3: Preserve evidence regarding liability and damages.
- Step 4: Calculate losses, including:
- Medical expenses
- Funeral expenses
- Financial support losses
- Loss of companionship and support
- Step 5: File the claim within the applicable deadline.
Keep Our Checklists Handy
Immediate Post-Accident
- Seek medical attention
- Report the incident
- Photograph the scene
- Preserve physical evidence
- Obtain witness information
- Keep medical records and receipts
- Avoid posting about the incident on social media
- Avoid giving recorded statements before speaking with an attorney
- Contact a personal injury lawyer as soon as possible
Evidence Preservation
- Accident scene photographs
- Vehicle damage photos
- Surveillance footage
- Medical records
- Medical bills
- Employment records
- Witness contact information
- Text messages and communications
- Property maintenance records (where applicable)
- Nursing home records (where applicable)
Why Acting Quickly Matters
Many people assume they have plenty of time after an injury. In reality:
- Evidence can disappear.
- Surveillance footage may be overwritten.
- Witness memories fade.
- Records can become harder to obtain.
- Filing deadlines continue running.
Even when tolling rules or exceptions may apply, waiting often makes a case harder to prove. Simply put, the sooner an investigation begins, the stronger a claim may become.
Frequently Asked Questions
Can a parent file a personal injury claim for a child in Nevada?
Generally, yes. Parents or guardians often act on behalf of injured minors, though additional requirements may apply depending on the circumstances.
Who can file a wrongful death claim in Nevada?
Under NRS 41.085, heirs and personal representatives may maintain wrongful death actions.
How long do I have to file a personal injury lawsuit in Nevada?
Most personal injury claims are subject to a two-year statute of limitations under NRS 11.190.
What happens if I miss the filing deadline?
You may lose your ability to recover compensation entirely.
Can someone file a claim on behalf of an incapacitated adult?
In many situations, yes. A guardian or authorized representative may be able to pursue a claim on the injured person's behalf.
Should I wait to see if my injuries improve before contacting a lawyer?
Generally, no. Early legal guidance can help preserve evidence and protect your rights while you focus on recovery.
Knowing You Can File a Claim Is the First Step
Nevada law gives injured people, families, guardians, and personal representatives the right to seek accountability when another person's negligence causes harm. However, insurance companies begin protecting themselves immediately, and by the time many people start asking whether they have a claim, the other side has already started building its defense.
At Cogburn Davidson, we don't approach injury cases as paperwork to be processed. We investigate them as cases that a jury may ultimately decide. Whether the claim involves a serious car accident, a catastrophic injury, or allegations of nursing home neglect, our team focuses on uncovering the facts, preserving evidence, and building the strongest case possible from the very beginning.
For nearly two decades, we've helped hold insurance companies, corporations, nursing homes, and negligent individuals accountable for the harm they've caused. We've recovered more than $250 million for injury victims, helped advocate for stronger protections for Nevadans, and built a reputation for taking difficult cases that require real litigation—not quick settlements.
If you're wondering who can file a claim after a serious injury or loss, don't wait until a deadline becomes a problem. Contact us today to book your case evaluation and learn more about your options.