Detailed Answer — What happens if you don’t settle a personal injury claim before Nevada’s statute of limitations?
If you have a personal injury claim in Nevada, the state’s statute of limitations generally gives you a limited time to bring a lawsuit. In most ordinary personal injury cases (claims for bodily injury or the death of a person), Nevada law gives you two years from the date the injury accrues to file a civil action. See Nevada Revised Statutes (NRS) Chapter 11, including NRS 11.190: https://www.leg.state.nv.us/NRS/NRS-011.html#NRS011Sec190.
Key points about settlement vs. filing
- You do not have to settle before the statute runs. Settlement is a voluntary agreement between you and the defendant or their insurer.
- If you want to preserve the right to force the case into court, you must file a lawsuit before the limitations period expires. Filing a complaint or a properly served summons starts the lawsuit and preserves your right to seek damages even if you later settle.
- If you let the limitations period expire without filing or otherwise tolling it, the defendant can assert the statute-of-limitations as a defense and ask the court to dismiss your case as time‑barred. If the court agrees, you typically lose the right to recover in court.
What “time‑barred” means in practice
If your claim becomes time‑barred (the statute of limitations expires), the defendant is usually entitled to have your case dismissed and will not have to pay damages through the court. A time‑barred claim can still be resolved if the defendant voluntarily agrees to pay or to settle after the deadline—because a defendant can always choose to pay even if you can no longer sue—but you normally cannot force recovery in court once the statute has run.
Common exceptions and ways the deadline can be extended (tolling)
Nevada law recognizes some circumstances that pause or extend the limitations deadline. Examples include:
- Minority — if the injured person is a minor, the limitations period may be tolled until the minor reaches majority.
- Mental incapacity — if the injured person is legally incapacitated, the period may be tolled while incapacity lasts.
- Fraudulent concealment — if the defendant deliberately hid facts that prevented timely discovery of the claim, a court can refuse to apply the statute strictly.
- Written tolling or standstill agreements — parties can agree in writing to extend the claims period while they negotiate.
These exceptions are fact‑sensitive. If you think one may apply, get legal advice promptly.
Special rules for claims against government entities
Claims against Nevada public entities or employees follow special procedures and shorter timelines for giving notice or filing suit. See NRS Chapter 41 for Nevada’s government‑claim rules: https://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec031. These rules are different from ordinary personal‑injury claims and often require you to provide written notice to the agency within a short window and to sue within a specific period. Missing these requirements can permanently bar a claim against a government defendant.
Practical examples (hypothetical)
- Example A — You were injured in a car crash on January 1, 2023. In Nevada, the two‑year limitation means you must file a lawsuit by January 1, 2025, unless an exception or tolling applies. If you file on December 1, 2024, you preserve your right to sue even if you later settle in March 2025.
- Example B — You wait until February 1, 2025 to start a lawsuit and never filed before Jan 1, 2025. The defendant will likely move to dismiss as time‑barred and you will probably lose your ability to recover in court unless a tolling exception clearly applies.
What you should do now
- Check the clock: identify the date your cause of action accrued (date of injury or date you discovered injury) and calculate the statute of limitations.
- Preserve evidence: keep medical records, police reports, photos, witness contacts, and bills.
- File before the deadline: if settlement isn’t reached and time is running out, file a complaint to preserve your right to sue; you can still negotiate after filing.
- Consider a tolling/standstill agreement: if the defendant or insurer asks for more time to investigate or negotiate, get any extension in writing.
- Talk to an attorney promptly: an attorney can confirm deadlines, tell you whether tolling applies, and handle filing and negotiation to avoid losing your claim.
Helpful Hints
- Don’t treat settlement pressure as a substitute for legal deadlines. Settlement talks do not stop the clock unless you have a written tolling agreement.
- If a government agency is involved, act early — notice and filing rules can be much shorter than two years.
- Filing a lawsuit before the deadline does not prevent settlement; it protects your right to litigate if negotiations fail.
- Get any extension or limitation waiver in writing. Oral promises are risky and hard to enforce.
- Keep a timeline of all events, communications, medical care, and expenses — this helps both settlement negotiations and litigation if needed.
Disclaimer: This article explains general Nevada legal concepts only and is not legal advice. Laws change and every case has unique facts. If you have a personal injury claim in Nevada, consult a licensed Nevada attorney promptly to protect your rights.