The term "tolling" means stopping or holding back the time limit during which a statute of limitations may be pursued in a lawsuit. This is especially important in Nevada, where minors are treated as legally incapacitated to file a claim on their behalf. Many parents wonder how this works if their children suffer injuries due to another person's negligence. Does that mean the clock on their legal rights has just stopped until they are adults?
This blog explains how and when the statute of limitations is tolled against minors in Nevada, per Nevada Revised Statutes (NRS) 11.250. NRS 11.250 defines the general timeframe of the tolling of a legal disability of minors. Also, you learn the applied exceptions to this general rule in medical malpractice and sexual abuse. These exceptions are governed by their respective laws and time limits that can significantly change a minor's right to justice.
Understanding these nuances is crucial for parents, guardians, and minors who wish to navigate the aftermath of a childhood injury.
The Time Limit for a Minor Filing a Nevada Personal Injury Lawsuit
Nevada law protects children under the age of 18 who have incurred a personal injury in a car accident, slip and fall, or dog bite caused by someone else's negligence. With a normal adult, the two-year period in which a personal injury suit can be filed is not placed on a minor.
Instead, Nevada law acknowledges that children cannot take legal action alone. Thus, the statute of limitations stays or is suspended until the day the child reaches legal adulthood, which occurs on their 18th birthday.
This tolling clause is set forth by the Nevada Revised Statutes 11.250, which deals with legal limitations that prevent the statute of limitations from running. As soon as the minor attains the age of 18, the legal restriction is lifted, and the standard two-year statute of limitations on personal injury commences to run.
In most general personal injury cases, a person who sustained an injury as a minor has up to the age of 20 to bring a lawsuit against the negligent party. This extension is a tremendous and much-needed protection that gives a minor a chance to bring their own claims to court when they are mature enough to do so, without facing punishment because of the time they lost in their childhood.
For example, if a 15-year-old is injured in an automobile collision, by the general rule, the life of the claim is suspended, and the period of two years has elapsed. It will not commence until they reach the age of 18 on their birthday and will have a full two years after that day, until they reach 20, actually, to commence legal action to claim compensation for their injuries.
This automatic suspension system ensures that even before a child is old enough to know or enjoy their right to justice, the child is not deprived.
The Advantages of Acting Before It is Too Late
Although the Nevada law gives minors a more extended deadline to make a personal injury claim, it is not always the most prudent thing to wait until a 19th or 20th birthday to make a personal injury claim. Legally, time is not often beneficial in constructing a good case because of possible evidence decay. The later you make a claim, the harder it is to find the vital evidence necessary to prove liability and damages.
An accident scene will almost always be stripped of any physical evidence, debris of vehicles, dangerous conditions, etc., before days, not even years, have elapsed. CCTV footage of surrounding businesses that might have been used to record the incident is usually overwritten in a loop of fewer than 24 to 72 hours.
In addition, witness memories fade with time. A witness who might have given an unambiguous and strong account of what occurred soon after a tragedy may fail to remember the essential details five or six years later. They might provide vague or less assertive testimony, which is less effective in settlement discussions or jury trials.
Moreover, medical records, which are preserved, must be linked to the incident. The picture may become clouded by years of later activity and possibly some minor injury, allowing the defense to claim that the alleged damages were not caused by the initial accident.
This is because by doing so, your attorney could jump into action, and you could start preserving evidence, interviewing witnesses when their memories are still fresh, and starting to record a clear and unbroken chain of medical treatment. This preemptive strategy will help you build a far stronger and more convincing case, and the chance of your child achieving a successful and just result is much higher.
Critical Exceptions to the Tolling Rule
The general rule of personal injury claims until age 20 does not apply in all cases of minors in Nevada. The law explicitly and substantially creates exceptions to certain forms of harm, especially in the sensitive and complicated field of medical malpractice, as well as sexual abuse.
Such exceptions come with different and usually stringent schedules you must follow. Misunderstandings or ignorance of these special rules may have tragic repercussions. It may result in the total loss of the right of a child to claim justice and compensation on account of their suffering.
The legislature drafted these exceptions in response to the special nature of the situations in which these kinds of claims arise. An example of this would be the medical malpractice law, which is made to balance the rights of the injured patients and the healthcare providers, thus creating shorter and more complicated deadlines.
On the other hand, sexual abuse legislation has changed to acknowledge the significant psychological trauma that can make victims reluctant to do so for several years, leading to more relaxed or a complete absence of time constraints. The law of these delicate fields is sensitive and needs a perfect knowledge of the laws that govern them. You should not be aware of the general rule only; you should know the critical exceptions that may apply to your child's case.
The Complicated Timelines of Medical Malpractice Claims Involving Minors
In cases where the injured individual is a minor, the statute of limitations regarding medical malpractice in Nevada has a fundamental and much more complex construction than personal injury. You should not think that the ordinary rule of tolling applies.
The law is much stricter in the case of medical negligence. In particular, any act of medical malpractice that took place on or after October 1, 2023, that involves a lawsuit on behalf of a minor must be filed within the earlier of the two deadlines:
- Three years since the injury occurred
- Two years since the parents or legal guardians were, or reasonably should have been, aware of the injury
According to the Nevada Revised Statutes 41A.097, the parents or guardians in this state must act on behalf of their child within a specified time, irrespective of the child's age. What the law basically means is that the legal disability of the child does not suspend the clock in the same manner that it does in the case of a car accident.
This is because medical negligence claims are supposed to be taken to court when the evidence and medical records are still up-to-date and valid. Hence, when a medical practitioner commits an error that damages your child, you cannot wait until they reach 18 and sue.
The clock begins to run when the negligent event occurs, or you realize the harm. Failure to file within this rigid three-year or two-year period will, with few exceptions, forever bar your child's claim.
Catastrophic Medical Injury Special Provisions
Understanding that not all the most disastrous medical injuries might be immediately evident or clearly known, Nevada law offers certain exceptions to some of the most devastating consequences of malpractice involving children.
Such special provisions establish deadline extensions to override the regular medical malpractice deadline to allow families more time to seek justice. You must know these essential sub-exceptions when your child has an injury that has changed their life.
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Causing a Birth Defect or Brain Injury to a Child
One exception is in cases involving medical negligence, causing a congenital disability or brain injury to a child. In such tragic cases, the statute of limitations is suspended, and the parents or guardians have up to the 10th birthday of the child to take legal action.
This extension recognizes that the true scope of a neurological injury or a congenital disability might not be completely diagnosable or known until several years later, as the child matures and fails to achieve developmental milestones. It gives families the time they need to get a definitive diagnosis and understand the long-term consequences of the injury before they have to move forward with legal action.
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The Child Becomes Sterile
A second necessary provision covers those instances in which a child becomes sterile due to medical malpractice. The tragic effects of sterility might not be revealed until the person tries to bear children much later in life.
That is why such a law includes a discovery rule. In the above cases, the statute of limitations is two years after the individual learns about their sterility. Thus, when a 15-year-old has a surgical operation and unknowingly becomes sterile but does not know it until they are 25, the two-year time bar to bring an action is started after they are 25 years old. They have until their 27th birthday to initiate an action against the healthcare provider that caused the injury.
Justice Without a Deadline
To defend the most vulnerable, the state of Nevada has eliminated the statute of limitations in civil actions against the immediate aggressors of child sexual abuse. What you need to know is that should your child be a victim of sexual abuse, then they can sue the person who abused them at any time, no matter how long it has taken since the terrible acts were perpetrated.
This legislative shift is mirrored in Nevada Revised Statute 11.215, which recognizes the deep and enduring trauma that can render survivors unable to come forward over many years, or even decades. It makes it impossible to avoid civil responsibility through the lapse of time.
However, the law does not draw this distinction in the case of suing third parties who might have facilitated or profited from the abuse. Although the abuser will have to bear a lifetime of possible civil liability, claims against other entities have a deadline. This may involve institutions, organizations, or individuals who financially benefited or were involved in a venture where the child was sexually exploited.
In these cases, the victim must file a suit before their 38th birthday. This gives the victim 20 years after attaining majority age (18) to sue these empowering parties. This two-track system ensures that the survivors have an indefinite route to justice against their immediate attackers and has, at the same time, a generous, but limited, time period in which to claim against third parties who assisted the first and second abusers.
Civil vs. Criminal Statutes of Limitations
You need to understand one fundamental difference in the legal system. The principles that regulate civil litigation have nothing to do with those that regulate criminal prosecutions. All timelines and principles mentioned so far, including:
- The tolling of the statute of limitations concerning personal injury
- The existence of specific deadlines in the case of medical malpractice
- The regulations regarding sexual abuse claims
A civil lawsuit is a claim you or your child would make against another individual or an organization to obtain monetary compensation for injury. The aim is monetary restoration of medical costs, agony and distress, and other damages.
Conversely, a state, through a prosecutor, initiates a criminal case against a defendant to punish them because they violated the law. It is not intended to pay the victim money but to obtain a conviction that may lead to death in the form of a fine, probation, or incarceration.
Nevada does not have statutes of limitations that apply to minor victims of criminal charges as they would to civil claims. But because prosecuting crimes against children presents special difficulties, the legislature has set its own special, frequently extended, time limits in which criminal charges may be filed in cases such as child sexual abuse and identity theft.
The date that one must file a personal injury lawsuit and the date a prosecutor must press criminal charges are two different tracks with different rules and goals.
Frequently Asked Questions (FAQ)
The following are the responses to some of the most frequently asked questions regarding personal injury claims on behalf of minors in Nevada.
Am I, as a parent, at liberty to bring an action against my injured child?
Yes, as a parent or a legal guardian, you can and should file a personal injury suit on behalf of your minor child. This compensates for their injuries, such as medical bills, pain and suffering, and future care requirements. Although the child has to be 20 years old, in most claims relating to personal injury, the parent may and frequently does do so much earlier.
What becomes of the funds of a settlement or lawsuit on behalf of a minor?
Any settlement or judgment made on behalf of a minor in the state of Nevada must be approved by the court to see that it is just and in the child's best interest. Typically, the money is deposited in a blocked bank account or a structured settlement annuity that the child cannot access before age 18. This is a legal procedure that is referred to as a minor compromise and secures settlement money for the child in the future.
What if the accident, which has happened to my child, does not appear to be serious?
You simply need to have your child medically checked after any form of accident, even though the injuries might seem minor. Internal injuries or concussions are some of the severe conditions that may not have immediate symptoms. Delaying getting medical attention may not only jeopardize the health of your child but also dilute your legal right, since the defense can claim that the injuries were not the direct consequences of the accident. It is crucial to record all medical visits.
Call a Las Vegas Personal Injury Attorney Near Me
Nevada has strict and unforgiving deadlines for filing an injury claim on behalf of a minor. The tolling rule in personal injury cases, delicate exceptions in medical malpractice cases, and the distinct time limits of sexual abuse cases all have potential traps that will forever kill the legal rights of your child.
Navigating these statutes is difficult without substantial knowledge of Nevada law and experience in using the statutes properly with the particular facts of your case. Missing a deadline or failing to understand which rule to follow can be a fatal and irreparable error. To secure your child's future and be sure that you file within the correct time frame, it is essential to consult an experienced personal injury attorney.
At Las Vegas Personal Injury Attorney Law Firm, we can review your case, identify the correct legal deadline, and act immediately to preserve evidence and build the best case possible. Call us now at 702-996-1224 for a free, confidential consultation. We will inform you of your rights and do the right thing to give your child a future.
