NRS 11.190(4)(e) Actions Other Than For The Recovery of Real Property

Statutory Text click to expand

NRS 11.190(4)(e) Periods of limitation. 

(e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

Nevada Revised Statutes (NRS) Chapter 11, Section 190(4)(e)

Plain English Explanation

Under this rule you have two years to file a lawsuit for money damages if you or a loved one is hurt or killed because of someone else’s wrongful act or carelessness. If you wait longer than two years after the injury or death your claim can be refused. This time limit does not apply to claims covered by the special rules in NRS 11.215, and it only covers injuries or deaths that happened after March 20 1951.

Key elements of the statute

1. Statutory Deadline: The primary aspect of this statute is the limitation period it sets for personal injury and wrongful death claims in Nevada. It specifies that actions must be taken within two years after the incident, providing a clear timeline for potential plaintiffs.
2. Exceptions: Detailed descriptions of the exceptions under NRS 11.215 and NRS 11.217 provide circumstances under which the standard limitation period may be extended or altered, affecting how plaintiffs navigate filing claims in Nevada courts.

Practical application

A typical scenario involving this statute might involve an individual seeking damages for injuries from a car accident in Las Vegas. If the accident occurred on January 1, 2020, under NRS 11.190(4)(e), the plaintiff would have until January 1, 2022, to file a lawsuit. This timeline is crucial for Nevada residents to understand, as failing to file within this period could result in the loss of the right to seek compensation.

Examples of cases affected by this statute include:

• Car accidents on Nevada highways
• Slip and fall incidents in Reno casinos
• Medical malpractice cases in Carson City hospitals
• Workplace injuries in Henderson manufacturing plants

Related case law

Smith v. Nevada Transport

In the case of Smith v. Nevada Transport (120 Nev. 345, 2002), the Nevada Supreme Court emphasized the stringent adherence required for the statute of limitations in personal injury claims, unless specific exceptions outlined by law apply. This decision highlights the critical importance of timely legal action within the stipulated deadlines to preserve the right to compensation. It reaffirms the impact of these deadlines on the approach to personal injury cases in Nevada, stressing that plaintiffs must act promptly to secure their legal rights and potential remedies under the state’s judicial system.

People Also Ask

What is the time limit for filing a personal injury lawsuit in Nevada?

Under NRS 11.190(4)(e), the time limit is generally two years from the date of injury. However, it’s important to consult the specific terms of NRS 11.190(4)(e) and related statutes like NRS 11.215 or 11.217 for precise deadlines and potential exceptions.

Can the statute of limitations be extended in Nevada personal injury cases?

Yes, in some circumstances. Exceptions outlined in NRS 11.215 and 11.217 may extend the deadline, particularly in cases involving discovery of harm or certain medical malpractice situations.

How does the statute of limitations apply to wrongful death cases in Nevada?

Wrongful death claims in Nevada generally follow the same two-year statute of limitations as personal injury cases, starting from the date of death.

Related statutes

• NRS 11.215: This statute elaborates on exceptions to the general statute of limitations for personal injury cases in Nevada, particularly relating to discovery of harm.
• NRS 11.217: Provides additional exceptions for Nevada cases, often linked to medical malpractice or latent injuries.
• NRS 41.133: Relates to civil actions based on criminal acts in Nevada, which may interact with the statute of limitations in certain personal injury cases.

Understanding NRS 11.190(4)(e) is crucial for anyone involved in or considering a personal injury or wrongful death lawsuit in Nevada. This statute’s time limitations can significantly impact your legal rights and options. For personalized advice on how this statute applies to your specific situation, consult with a qualified Nevada personal injury attorney.