Nevada Statute of Limitations
In Nevada, the statute of limitations is how long a plaintiff has to file a civil lawsuit for a specific offense. Every state has its own unique laws limiting the time available to file a lawsuit from the time of the incident. The statute of limitations can vary depending on where you are located and the type of case. The statute of limitations can be very important, as you can no longer press charges against the suspect if the time has passed.
Statute of Limitations Category
Depending on the crime committed, the statute of limitations can vary.
- Misdemeanors: 1 year after the crime
- Gross Misdemeanors: 2 years after the crime
- Felonies: 3 years after the crime
Typically, the statute of limitations begins whenever the crime was first committed. If the crime was committed secretly, the time limit begins whenever the offense is discovered. A secret crime is defined as a crime that is committed in a discreet way, and everyone is unaware of the crime besides the individual that committed the crime. For example, if someone stole money from another person and that person didn’t catch them until 6 months after, the statute of limitations would begin whenever the person was caught and authorities were notified. Additionally, Felonies that are more serious can require a longer statute of limitations.
Exceptions to Statute of Limitations
There are certain exceptions to statute of limitations depending on the case and how severe it is. For example, sex trafficking has a statute of limitations of 4 years, but there is no limitation to bring up sex trafficking charges if the victim filed a police report within 4 years of the alleged sex trafficking. Sexual assault has a statute of limitations of 20 years, but there is no limitation if the sexual assault files a police report within the 20 years. Furthermore, there is a pause on the statute of limitations if the victim is:
- Mentally incompetent
- Intellectually disabled
- In a coma
Crimes with No Statute of Limitations
There are certain crimes that do not have a statute of limitations because they are typically very harmful and serious crimes. Crimes such as murder and terrorism fall under the category of not having a statute of limitations. Suspects can be charged with murder or terrorism at any time after it has passed; there is no time limit.
Statute of Limitations Involving Minors
There are special rules that apply involving the statute of limitations and minors. Typically, the statute of limitations will be paused until the specific minor turns 18. However, in most medical cases, the child only has a statute of limitations of one year after coming across the injury. If a child is born or received serious brain damage when they were young, they have until they are ten years old or the typical medical case statute of limitations will apply. If a child was sexually abused, they either have ten years from when they discovered the incident or ten years starting when they turn 18, whichever is longer.
Awareness is key when you are fighting a case or trying to press charges against someone, because the statute of limitations might already be up, meaning you can no longer file a claim against them. It is also important to understand that the statute of limitations does exist, and that you want to maximize your time when dealing with a claim, and figuring out the best way to fight it. Additionally, there are exceptions to the statute of limitations and it is important to speak to a legal team about your specific case and the statute of limitations following it. At The Defenders, our qualified attorneys have had years of experience dealing with a wide variety of cases involving many different statutes of limitation. If you or a loved one is dealing with filing a claim and believe it may be too late, our attorneys will inform you about the length of time you may have left to file the claim. Although it is better to file your case on time, it may not be too late for you to pursue your claim.