Nevada’s two-year statute of limitations to sue for personal injury generally tolls for victims under 18. Therefore, minor victims typically have until their 20th birthday to sue the at-fault parties (18 plus 2 years).
There are exceptions. In medical malpractice cases, the statute of limitations to sue healthcare providers can be as short as one year after the injury. Meanwhile, there is no time limit to sue a child sex abuser, as this chart shows.
| Civil Cause of Action | Statute of Limitations to Sue in Nevada (in general) |
| Personal injury of a child (such as negligence) | 20th birthday (2 years after turning 18) |
| Medical malpractice of a child | For injuries occurring on or after October 1, 2023, the sooner of:
|
| Sexual abuse of a child | Anytime |
In this article, our Las Vegas personal injury attorneys discuss:
- 1. Personal Injury
- 2. Sexual Abuse
- 3. Medical Malpractice
- 4. Criminal Statutes of Limitations
- Frequently Asked Questions
- Additional Reading
1. Personal Injury
If you are injured in Nevada while under 18 years old, you have until your 20th birthday to sue the at-fault parties.1 This is because the two-year statute of limitation for adults to bring personal injury cases tolls (pauses) until you become a legal adult yourself at age 18.2
Example: Becky is 15-years-old when she slips and breaks her ankle on a newly-washed floor in the Fashion Show Mall that failed to put out a “caution: wet floor” sign. If Becky was an adult, she would have only two years from the fall to sue the mall. Though since she is just a minor, the two-year clock does not begin running until she turns 18. Therefore, the mall can expect to be sued up until Becky turns 20 years old.
In practice, the parents of injured children usually bring personal injury lawsuits on their behalf as soon as possible after the accident. The longer you wait to file a lawsuit, the more evidence disappears, and the more memories fade.
As discussed below, the statute of limitations to sue is different in cases involving children victimized by sexual abuse or medical malpractice.
2. Sexual Abuse
No. If you were a child victim of sexual abuse or exploitation in Nevada, you can sue the perpetrators at any time.
However, there is a statute of limitations to sue people who benefited financially by participating in a venture involving your sexual abuse or exploitation. In these cases, you can sue up until your 38th birthday (20 years after reaching 18 years old).3
Example: Adam was a child pornography victim. He could sue the director of the movie he appeared in at any time because the director sexually exploited him. Though if he wanted to sue the theater that showed the film and therefore financially benefited from it, he would have only until his 38th birthday.
3. Medical Malpractice
If you are a child victim of medical malpractice that occurred on or after October 1, 2023, the statute of limitations does not toll while you are underage. Instead, your parents or guardians must bring a lawsuit within the soonest of:
- 3 years after the date of the injury; or
- 2 years after your parents or guardians discover – or should have discovered – the injury.
However, if the injury involved brain damage or a birth defect, your parents or guardians have until your 10th birthday to file suit.
Note that if the malpractice causes you to become sterile, you have until two years after you discover the sterility to sue.4
Example: Penny gets an appendectomy at age 15. When she turns 25 and tries to have a baby, she discovers she is sterile due to damage done to her ovaries during the appendectomy. Therefore, Penny has two years after she learns she is sterile to file suit against the doctor who performed the appendectomy.
4. Criminal Statutes of Limitations
Criminal statutes of limitations do not toll for child victims. However, there are special rules involving child sex crimes and identity theft in Nevada.
Sex Trafficking or Sexual Abuse
If you are the victim of child sex trafficking or child sexual abuse, prosecutors can press criminal charges against the suspects until you turn either:
- 36 years old if you discover — or reasonably should have discovered — before turning 36 that you were a victim of the sexual abuse or trafficking; or
- 43 years old if you do not discover — and reasonably should not have discovered — that you were a victim of the sexual abuse or trafficking by the time you turn 36.5
Meanwhile, prosecutors can bring sexual assault charges at any time as long as a police report is filed within 20 years of the assault or if the accused’s identity is established by DNA evidence.6
Also, there is no statute of limitations to bring sex trafficking criminal charges as long as a police report is filed within four years of the incident.7
Identity Theft
If you are a child victim of felony ID theft, prosecutors can bring charges up until four years after you discover — or should have discovered — the ID theft.8
Frequently Asked Questions
Can a parent file a lawsuit on behalf of a minor before the child turns 18?
Yes. Although the statute of limitations is generally tolled while a child is under 18, a parent or legal guardian can usually file a lawsuit on the child’s behalf before the child reaches adulthood. In many cases, filing sooner can help preserve evidence and witness testimony.
Does tolling apply if a parent never filed a lawsuit?
Generally yes. In many Nevada civil cases, the statute of limitations remains tolled while the injured person is a minor. This means the child may still have time to file a lawsuit after turning 18 even if no parent or guardian previously brought a claim.
What happens if a parent settles a minor’s injury claim?
A settlement reached on behalf of a minor may require court approval, depending on the circumstances. Once a settlement is properly approved and finalized, the child generally cannot later file another lawsuit based on the same injury.
Does tolling apply to claims against government agencies?
Not always. Claims involving state or local government entities can be subject to special procedural rules and deadlines. Anyone considering a claim against a government agency should consult an attorney promptly rather than assuming the ordinary tolling rules apply.
What is the difference between tolling and the discovery rule?
Tolling pauses the statute of limitations because of a legal disability such as being under 18 years old. The discovery rule, by contrast, delays the start of the limitations period until the injured person knew or reasonably should have known about the injury or its cause.
Can a minor sue after turning 18?
In many Nevada cases, a person who was injured as a minor can file a lawsuit after reaching adulthood because the statute of limitations was tolled during childhood. However, the exact filing deadline depends on the type of claim involved.
Does tolling apply to wrongful death claims involving minors?
It depends on the circumstances and who is bringing the claim. Wrongful death cases can involve different statutes and legal rights than ordinary personal injury lawsuits. Because special rules may apply, families should seek legal advice as soon as possible.
What is a legal disability for statute-of-limitations purposes?
A legal disability is a condition that prevents a person from fully protecting their legal rights. In Nevada, being under 18 years old is generally considered a legal disability that can toll certain statutes of limitation.
Does appointing a guardian ad litem end tolling?
Not necessarily. The appointment of a guardian ad litem allows a lawsuit to proceed on behalf of a minor, but whether it affects a particular limitations period depends on the statute involved and the facts of the case.
Are all statutes of limitation tolled for minors?
No. Nevada law contains several exceptions. Certain claims, including some medical malpractice actions and claims governed by specialized statutes, may have different deadlines. The applicable statute should always be reviewed carefully.
Does Nevada’s tolling law apply to child sexual abuse lawsuits?
Nevada has special laws governing civil claims arising from child sexual abuse. In many situations, survivors have significantly expanded rights to pursue civil actions, and some claims may not be subject to the same deadlines that apply to ordinary personal injury cases.
Can tolling extend a criminal statute of limitations?
Generally no. The tolling rules that apply to minors in civil lawsuits do not automatically apply to criminal prosecutions. However, Nevada has separate statutes that often provide extended filing periods for certain crimes committed against children.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Historical Abuse and the Statute of Limitations – Statute Law Review.
- Contribution among Tortfeasors: The Effects of Statutes of Limitations and Other Time Limitations – Oklahoma Law Review.
- Statutes of limitations for accident cases: Theory and evidence – Research in Law and Economics.
- Civil Rights – Statute of Limitations – State Limitation Period for Personal Injury Actions Applies to All Section 1983 Claims – Seton Hall Law Review.
Legal References
- NRS 11.250.
- NRS 11.190(4)(3).
- NRS 11.215 – Actions for damages for injury arising from sexual abuse or sexual exploitation of minor; actions involving injury arising from appearance of minor in pornography (“1. An action to recover damages for an injury to a person arising from the sexual abuse or sexual exploitation of the plaintiff which occurred when the plaintiff was less than 18 years of age may be commenced against the alleged perpetrator or person convicted of the sexual abuse or sexual exploitation of the plaintiff at any time after the sexual abuse or sexual exploitation occurred. In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual abuse or sexual exploitation, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury. 2. An action to recover damages pursuant to NRS 41.1396 may be commenced at any time. 3. An action to recover damages pursuant to NRS 41.13965 must be commenced within 20 years after the plaintiff reaches 18 years of age. 4. As used in this section: (a) “Sexual abuse” has the meaning ascribed to it in NRS 432B.100. (b) “Sexual exploitation” has the meaning ascribed to it in NRS 432B.110.”). See also NRS 41.1399 (re. human trafficking).
- NRS 41A.097. See our relate article, What is the statute of limitations for medical malpractice in Nevada? AB 404 (2023).
- NRS 171.095. See also Sena v. State (Nev. 2022) (“The crimes associated with his daughter were not barred by the statute of limitations because they remained undiscovered under the law until she left the home. Additionally, the other crimes were not barred by the statute of limitations because they were conducted in a secret manner….“).
- NRS 171.082. NRS 171.083. See our related article, What is the statute of limitations in Nevada rape cases?
- NRS 171.083.
- See note 5.
