Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
A wrongful death action must be filed within two years of the day after the death.
These actions must be brought within two years of the date of the injury.
Medical malpractice claims have two different statutes of limitations. If the injury or wrongful death occurred before October 1, 2002, the statute of limitations is four years from the date of injury or wrongful death or two years from when the plaintiff discovered or should have discovered the injury.
If the injury or wrongful death occurred after October 1, 2002, the statute of limitations is three years from the date of injury or wrongful death or one year from when the plaintiff discovered or should have discovered the injury. This time of limitation is delayed if the healthcare provider concealed an act or omission.
In Nevada, parents are responsible for bringing medical malpractice actions on behalf of their minor children within the limitations period. There are, however, two exceptions that extend the limitations period in favor of minors. In cases where a minor's injury results in brain damage or a birth defect, suit must be filed by the child's 10th birthday. In cases where a minor's injury results in sterility, the action must be filed within two years of the date the injury was discovered.
A strict products liability claim carries the same two-year statute of limitations as other personal injury actions. See above.
Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor's 18th birthday.
Need more information on state laws? Learn more about the laws where you live.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.