In Nevada, an action for injuries from a slip and fall accident must generally be commenced within two years after the cause of action accrues. This legal deadline is known as the “statute of limitations.”
This time limit is specified in the Nevada Revised Statutes (NRS) 11.190(4)(e). If you fail to file your lawsuit within the deadline that applies to your case, the court will almost certainly dismiss it, and you can lose your right to seek compensation. Different deadlines and exceptions can apply, including the ones described below, so confirm your own deadline with an attorney rather than assuming.
Why This Two-Year Deadline Is Critical
The two-year deadline is strictly enforced by Nevada courts. It is not just a suggestion, and only the limited exceptions described below can change it.
Loss of Leverage
Once the deadline passes, the at-fault party’s insurance company knows you can no longer sue them. They have no legal or financial incentive to continue negotiating and will likely stop taking your calls or deny your claim outright.
Evidence Disappears
Waiting to act damages your case. Critical evidence, such as security camera footage, is often recorded over or deleted within 30 to 90 days. Witness memories fade, and the hazardous condition that caused you to fall will be cleaned up or repaired.
Lawsuit vs. Insurance Claim
It’s important to understand this deadline is for filing a lawsuit, not just starting an insurance claim. Most insurance policies require you to report an accident “promptly,” which can mean just a few days or weeks.
Why Does This Deadline Exist?
Courts and state legislatures create statutes of limitations to serve two primary purposes:
- To Preserve Evidence: The longer a case waits, the more likely it is that evidence will be lost, memories will fade, and the truth will be harder to find. A deadline ensures claims are pursued while evidence is still fresh.
- To Provide Closure: The law prevents the indefinite threat of a lawsuit. It allows businesses and individuals to move forward after a reasonable amount of time has passed without fear of a legal claim from the distant past.
When Does the Two-Year Clock Start?
For a slip and fall injury, the two-year period generally begins when the cause of action accrues, and the exceptions described below can change that.
There is one key difference for property damage. If personal items were damaged in your fall (like a phone, laptop, or expensive watch), the statute of limitations for those items is three years, as outlined in NRS 11.190(3)(c).
Are There Exceptions to the Two-Year Rule?
Yes, but they are limited and apply only in specific situations. Relying on an exception without legal guidance is extremely risky.
Injuries to Minors
If the injured person was under 18 when the cause of action accrued, the statute of limitations is “tolled” (paused): the time before the child turns 18 is not counted toward the two-year period. Which date applies depends on the facts, so ask an attorney to confirm the deadline for the child’s own claim rather than assuming it. This is governed by NRS 11.250.
The “Discovery Rule”
In rare situations, an injury is not immediately apparent. Nevada’s discovery rule states the clock may begin when the injury is found, or should have been found through reasonable diligence. This is more common in medical malpractice or toxic exposure cases rather than a typical slip and fall.
Claims Against the Government
If your slip and fall happened on government property (like a city park, public school, or government building), the rules are different. You must file a formal claim with the correct government agency within two years after the cause of action accrues, though that filing is not a condition precedent to bringing an action under NRS 41.031. These cases are more complex and follow their own procedural rules, so speak with an attorney early.
Defendant Leaves Nevada
If the at-fault party leaves Nevada, that absence affects the filing deadline only in limited circumstances. Do not assume it gives you extra time; ask an attorney about the deadline that applies to your claim.
What If My Slip and Fall Happened at Work?
This is a critical distinction. If you are injured in a slip and fall while on the job, your claim against your own employer runs through Nevada’s workers’ compensation system rather than a personal injury lawsuit (NRS 616A.020). That does not close off a claim against anyone else: if someone other than your employer or a co-worker caused the fall, for example the owner of a building you were delivering to, NRS 616C.215 lets you bring a separate tort claim against that party on the two-year deadline this article describes, provided you notify the workers’ compensation insurer in writing before you file. Your compensation is then reduced by what you recover, and the insurer has a lien on the recovery.
Workers’ compensation has completely different and much shorter deadlines.
- Notice to Employer: You must notify your employer of the injury within 7 days.
- Claim Form: You must file an official claim form (Form C-4) within 90 days of the accident.
Failing to meet these short deadlines can jeopardize your right to all workers’ comp benefits, including medical care and lost wage payments.
What to Do Immediately to Protect Your Claim
The two-year statute of limitations is the final deadline, not a target. Building a strong case starts the moment the accident happens. Taking these steps can help preserve your rights:
- Seek Medical Attention Immediately: Your health is the first priority. This also creates an official medical record linking your injuries to the date of the accident.
- Report the Incident: Notify the property owner, manager, or landlord immediately. Ask them to create an official incident report and request a copy for your records.
- Document Everything: Use your phone to take photos and videos of the exact hazard that caused you to fall (the spill, the broken tile, the poor lighting) before it can be cleaned up or repaired. Also, take photos of your injuries.
- Get Witness Information: If anyone saw you fall, get their full name and phone number. Their testimony can be crucial.
- Preserve Your Shoes and Clothing: Do not wear or wash the shoes and clothes you were wearing. Store them in a safe place, as they may be important evidence.
- Do Not Give a Recorded Statement: The at-fault party’s insurance adjuster may call you and ask for a recorded statement. You are not obligated to provide one. Politely decline until you have spoken with an attorney.
An Experienced Lawyer Can Protect Your Deadline
The two-year deadline is enforced strictly, but determining when the clock started, or whether one of the exceptions above applies, requires a careful legal analysis. Building a strong personal injury claim takes time to gather evidence, interview witnesses, and calculate your total damages.
With over 40 years as a personal injury attorney, Jack Bernstein understands Nevada’s statute of limitations and how to protect your right to compensation. Waiting until the deadline is close can make it impossible to build a successful case.
Contact Jack for a free consultation to review your deadline and the steps your claim requires: (702) 633-3333.