Did you know Nevada laws limits how much time you have to file a personal injury claim? Without taking the appropriate action within the right time frame, your right to pursue compensation for damages can expire. The Nevada statute of limitations for personal injury limits when a person can sue to recover damages and get compensation for their pain, suffering and expenses.
Failure to resolve your claim before the statute of limitation expires will result in you being forever barred from recovery. This will leave you unable to receive any compensation for your damages. Of course, there are exceptions that can extend the when you can file a claim.
In this article, we’ll cover what the Nevada statute of limitation for personal injury is, what exceptions to the rule exist, and other necessary information so that you are better prepared to file your lawsuit.
What is a statute of limitations?
A statute of limitations is the period of time in which you can legally bring your claim for damages, including a claim for medical bills wage loss and pain and suffering. Every state has their own statute of limitations and the statute of limitations on negligence varies from state to state.
What is the Nevada statute of limitations for personal injury?
In Nevada, the statute of limitations for personal injury caused by negligence is two years from the date of the incident. It is the responsibility of the injured party to file a claim within the two-year period from the date of the accident or negligent act. You must settle your claims within two years of the negligent act or file a lawsuit within two years to preserve your claim.
What happens if i do not file a claim or lawsuit before the statute of limitations is expired?
In Nevada, an injured party has two years from the date of the incident, to either settle the claim or file a lawsuit to preserve the statute of limitations. If you fail to settle your claim and do not file a lawsuit within two years of the accident, your claim will be barred by the stature of limitations.
How do I file a personal injury claim in a timely manner?
If you are injured in a car accident, a slip and fall, or as a result of an individual or a company’s negligence, seek medical attention. After you have received initial treatment you should contact a personal injury lawyer. Most personal injury lawyers offer a free consultation where you can discuss your case and receive professional advice on the merits of your claim.
If you choose to file a claim independently, you are responsible to know the law and you are held to the same standard as an attorney. Ignorance of the law, including the statute of limitations is not a defense and it will not preserve your right to bring a claim.
Are there exceptions that can extend the Nevada statute of limitations for personal injury claims?
Rare circumstances can extend the Nevada statute of limitations for personal injury, stopping the clock and preserving your available time. These include:
- Discovery of a latent injury: When an injury is not immediately apparent, the statutory period might not begin until you discover you’ve been hurt.
- Injury to a child: Some states don’t start the statute period until a minor turns 18.
- A defendant’s unavailability: If a defendant is out of state, incarcerated, has lost mental capacity, or has filed for bankruptcy, the statutory period may be put on hold until those circumstances are resolved.
An experienced attorney like Matt Dion can further explain Nevada’s statute of limitations based on the claim and how it applies to your personal injury case.
Matt Dion & Associates Can Help
Nevada law can be overwhelming for those who try to navigate complex legal language, conditions and limitations on what you can do and when. At Matt Dion & Associates, we understand that it can be difficult to handle filing a personal injury case, assessing damages and future expenses, collecting evidence and proving your case on your own. Matt Dion can provide a free consultation on your case. Matt Dion and his associates have secured millions in settlements for their clients. During this challenging time, it’s important to have an honest, aggressive, and compassionate Personal Injury Attorney to help you navigate the complex legal process and get the compensation you deserve.
How long after an accident can you sue in Nevada?
Accidents can have significant physical, emotional, and financial consequences. If you’ve been involved in an accident in Nevada and are considering legal action to seek compensation, it’s essential to understand the statute of limitations that applies to your case. The statute of limitations sets a time limit within which you must file a lawsuit, failing which your right to seek legal recourse may be barred.
The Nevada statute of limitations for personal injury lawsuits resulting from accidents is generally two years from the date of the accident. However, certain exceptions and considerations may alter this timeframe. To ensure compliance with the statute of limitations and protect your legal rights, it is advisable to consult with an experienced attorney who can provide guidance based on the specific circumstances of your case. Acting promptly and seeking legal advice in a timely manner will help ensure that you have the opportunity to pursue appropriate compensation for your injuries and damages.
Why does the Nevada statute of limitations for personal injury exist?
The statute of limitations for personal injury in Nevada plays a crucial role in the legal system by promoting fairness and efficiency. It ensures that legal disputes are resolved in a timely manner, preventing the accumulation of outdated evidence or faded memories that could hinder a fair trial. By imposing time limits, the statute of limitations also protects defendants from the threat of indefinite liability.
Many states like California, Georgia, Illinois, and New Jersey have a two-year filing deadline for personal injury cases. While others including Maryland, Massachusetts, Michigan, and New York have a three-year limits. In Nevada specifically, we have a two-year statute of limitations for personal injury.
