The statute of limitations for personal injury differs by state. Nevada and California generally allow 2 years, and New York generally allows 3 years. Each state has its own exceptions, and missing the deadline can end a claim, so the state that applies can matter as much as the number of years.
This guide compares the general rules in the three states where Vaksman Khalfin, PC has offices, and explains what can change a deadline. For any other state, that state’s current statute controls.
Key Takeaways
- Nevada generally allows 2 years for personal injury under NRS 11.190(4)(e).
- California generally allows 2 years under Code of Civil Procedure section 335.1.
- New York generally allows 3 years under CPLR 214(5).
- Exceptions can apply for minors, late-discovered harm, and government defendants.
- Which state’s deadline applies can depend on the facts.
What Is the Personal Injury Deadline by State?
| State | General deadline | Source
|
|---|---|---|
| Nevada | 2 years | NRS 11.190(4)(e) |
| California | 2 years | Code Civ. Proc. § 335.1 |
| New York | 3 years | CPLR 214(5) |
These are general rules for injury claims. Other claims, such as those involving medical care, can have different deadlines.
What Does a Statute of Limitations Do?
A statute of limitations sets the time to file a lawsuit. If a case is filed too late, the defendant can ask the court to dismiss it. Negotiating with an insurer may not stop the period from running, so a claim can still be open with an insurer as the deadline approaches.
What Can Change a Nevada Deadline?
- Minors. Under NRS 11.250, if a person entitled to sue was under 18 when the claim accrued, the time until they turn 18 generally does not count toward the limit.
- Late-discovered harm. In Adkins v. Union Pacific Railroad Co., a 2024 decision, the Nevada Supreme Court said the discovery rule may toll the 2-year period where the injury and the manifestation of damage are not contemporaneous, if the facts could not reasonably have been discovered earlier.
- Property damage. NRS 11.190(3)(c) generally allows 3 years for injury to personal property.
- Government defendants. Other rules can apply, including NRS 41.036.
- Wrongful death. NRS 11.190(4)(e) also covers death caused by the wrongful act or neglect of another. See wrongful death lawsuits in Nevada.
Which State’s Deadline Applies?
It can depend on where the crash happened, where the parties live, and where the case is filed. A Nevada resident hurt in another state may face a different deadline, and the reverse can also be true. Because states handle this differently, a lawyer can explain which rule applies before the time runs.
How Does This Apply to Motorcycle Crashes?
Motorcycle claims generally follow the same injury deadlines. Bike damage may fall under a different period, as Nevada’s property rule shows. If a rider travels across state lines, the state where the crash happened may matter. See Nevada motorcycle accident claims and the California motorcycle accident statute of limitations.
How Do Other States Differ?
This page covers Nevada, California, and New York. Deadlines in other states can differ and can change, so the current statute in the state involved is the place to confirm the rule.
Talk With a Nevada Motorcycle Accident Lawyer
Vaksman Khalfin, PC handles Nevada motorcycle accident claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada motorcycle accident page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/09/2026
Frequently Asked Questions
Nevada generally allows 2 years under NRS 11.190(4)(e). Exceptions can apply, including rules for minors and late-discovered harm.
California generally allows 2 years under Code of Civil Procedure section 335.1. New York generally allows 3 years under CPLR 214(5). Exceptions can apply in each state.
Negotiating with an insurer may not stop the period from running. A lawyer can explain how the deadline applies to your claim.
If a case is filed too late, the defendant can ask the court to dismiss it. An exception may apply in some cases, so a lawyer can review the dates.
