Nevada: How Long Do You Have to File a Civil Assault Claim?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: For a civil assault (personal-injury) lawsuit in Nevada, you generally have two years from the date of the assault or the date you discovered the injury to file a claim. This deadline is part of Nevada’s statutes of limitations for actions seeking damages for personal injury. See Nevada Revised Statutes (NRS) Chapter 11 for the statutory time limits: NRS 11.190 and related provisions (NRS Chapter 11).

What the two-year rule means: If someone assaults you and you want to bring a civil lawsuit (for example, to recover medical expenses, lost wages, pain and suffering), the clock typically starts on the date of the assault or the date you reasonably discovered the injury. If you wait past the statutory period, a court will likely dismiss your case as time-barred, and you will lose the chance to recover damages.

Criminal charges are different: Criminal prosecutions are governed by separate statutes of limitations and procedures. Time limits for criminal cases are set out in NRS Chapter 171. Some misdemeanors and less serious offenses have relatively short limitations; certain felonies may have longer limits, and the most serious crimes (for example, murder) often have no statute of limitations. For the criminal rules, see: NRS Chapter 171 (Criminal Procedure). If you want the state to prosecute an assailant, contact law enforcement or the local prosecutor.

Common exceptions and tolling rules

  • Discovery rule: If an injury or the perpetrator’s identity was not reasonably discoverable right away, the limitation period may start when you discovered (or should have discovered) the harm.
  • Minor plaintiffs: Nevada law provides tolling in some circumstances for minors. The deadline may be tolled (paused) until a minor reaches the age of majority, depending on the claim and circumstances.
  • Incapacity or fraud/ concealment: If a victim was legally incapacitated, or if the defendant actively concealed the wrong or facts that would prompt a claim, the statute may be tolled or extended.

These exceptions come with specific legal rules and factual requirements. The general two-year rule remains the baseline for most ordinary assault and battery civil claims.

Practical timeline examples (hypothetical)

  • Single assault at a bar: Assault occurred on January 1, 2024 → civil lawsuit should be filed by January 1, 2026 (roughly two years), unless an exception applies.
  • Assault with delayed discovery (e.g., psychological injury recognized later): If you reasonably discovered the injury on July 1, 2024, the two-year period may begin then and run until July 1, 2026.
  • Assault of a minor: If a 16-year-old is assaulted, tolling rules may delay the start of the clock until the minor reaches majority in some circumstances; consult counsel promptly to confirm deadlines.

How to protect your rights now

  1. Report the incident to law enforcement and request a copy of any police report.
  2. Seek immediate medical attention and preserve all medical records and bills.
  3. Preserve evidence: photographs, clothing, text messages, social media posts, and witness contact information.
  4. Document what happened in writing as soon as possible while details are fresh.
  5. Talk to a lawyer quickly. Filing deadlines can be strict and easy to miss.

For more on Nevada’s civil statutes of limitation, start with NRS Chapter 11: https://www.leg.state.nv.us/NRS/NRS-011.html. For criminal limitations and procedures, see NRS Chapter 171: https://www.leg.state.nv.us/NRS/NRS-171.html.

Helpful Hints

  • Don’t assume you have “plenty of time.” Start the process early—two years can pass quickly.
  • If you’re unsure whether your claim is civil or criminal (or both), you can pursue both paths separately: report to police for criminal charges and consult a civil attorney about a lawsuit for damages.
  • Keep copies of everything: medical records, police reports, photos, bills, witness names, and correspondence.
  • Contact the Nevada State Bar or a local attorney referral service to find an attorney who handles personal injury/assault claims: Nevada State Bar.
  • If the assault involves a minor, sexual assault, or institutional settings (school, care facility, workplace), act quickly—there may be special rules or additional remedies.

Disclaimer: This article explains general Nevada law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and facts matter—consult a qualified Nevada attorney promptly to get advice tailored to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.