In Nevada, car accident victims have only two years from the date of the accident to file a personal injury lawsuit against the at-fault party.
This time limit is known as the statute of limitations. If you do not file a lawsuit within that period, your time may have run out and you could lose your legal right to recover compensation.
After any type of injury accident, you need to move quickly to pursue a legal claim. The faster you can get your case moving, the better. Talking to an attorney can help you consider your options and meet the applicable deadlines.
An experienced car accident lawyer from Friedman Injury Law can help. You could be entitled to recover compensation for your physical, financial, and emotional damages. You want someone on your side who will fight to get you the justice you deserve.
Do not wait to talk to a lawyer about your legal rights after an accident. Contact Friedman Injury Law now for your free consultation.
Understanding Nevada’s Car Accident Statute of Limitations
A statute of limitations is a law that imposes a time limit for taking legal action. In the case of a car accident or other personal injury, this limitation defines the period of time a victim has to file a civil lawsuit against the at-fault party.
These laws help ensure that injury victims bring any potential legal claim within a reasonable period of time.
Under Nevada’s statute of limitations, car accident injuries fall under the category of personal injury claims, which have a two-year statute of limitations. This time period begins on the date of the accident.
Under most circumstances, car accident victims must file a lawsuit against the at-fault party within two years.
If the victim does not file before time runs out, the defendant can motion the court to dismiss the case without having a hearing on the merits.
A wrongful death also falls under the category of personal injury claims. If a car accident resulted in a loved one’s death, the victim’s estate has two years from the date of the deceased person’s death to file a wrongful death lawsuit.
The applicable statute of limitations is Nevada Revised Statute 11.190(4)(e).
Potential Exceptions to the NV Statute of Limitation
A few exceptions exist to the Nevada statute of limitations for car accidents. However, it’s important to consult with an attorney to understand how these exceptions apply in your case.
If the victim had not reached the age of 18, the clock does not begin to run until they do. From the date of their 18th birthday, car accident victims have two years to file their lawsuit.
To speed up the process, the injured minor’s parents can file a lawsuit on behalf of their child sooner.
Property Damage Claims
Property damage claims fall under Nevada Revised Statute 11.190(3). Property damage claims, such as a claim for the damage to your vehicle after a car accident, have a three-year statute of limitation.
Therefore, a lawsuit for a property damage claim must be filed within three years from the date of the accident.
Medical Malpractice Claims
In Nevada, the statute of limitations on a medical malpractice claim is one year from the date the patient discovered the injury or reasonably should have discovered the injury, or three years from the date the medical provider caused the injury, whichever is sooner.
The Nevada statute of limitations discovery rule may toll the statute of limitations under certain circumstances. In some cases, a victim of a personal injury may not immediately know that they were the victim of a personal injury.
The at-fault party may also be attempting to hide what happened. Under the discovery rule, the statute of limitations does not begin to run until the victim became aware of, or reasonably should have become aware of, the injury.
Although this rule applies more to other types of personal injuries (i.e. medical malpractice or sexual abuse), it may apply to some other types of cases in certain situations.
It is important not to assume that any exception applies to your case. The best way to protect your rights is to speak with an attorney as quickly as possible after an accident.
The sooner your lawyer can get started with your claim, the sooner you can get a resolution.
Nevada Car Accident Risks
Unfortunately, there is a high risk of being involved in a car accident in Nevada. Therefore, knowing your rights under Nevada law is important.
In a year where few people were on the roadways due to the pandemic, Nevada still saw its car crash fatalities increase more than 3% in 2020. Distracted and impaired driving were two of the most common contributing factors.
Wearing your seatbelt, obeying traffic laws and signage, and keeping your focus on the road are all important for keeping you safe behind the wheel. However, if you get into a crash despite your best efforts, you should contact an attorney to help protect your legal rights.
Because you have limited time to take action under the Nevada statute of limitations, car accident victims should contact an experienced lawyer as quickly as possible.
Contact a Nevada Car Accident Lawyer Now
The best way to protect your legal rights is to contact a lawyer immediately after an injury accident.
An experienced Nevada personal injury attorney will be familiar with the statute of limitations and other relevant laws. This helps protect your legal rights and ensures the best possible outcome for your case.
Having an attorney on your side provides a wealth of advantages. Your attorney will handle everything from beginning to end and fight to get you the compensation you deserve.
In most cases, your lawyer will negotiate a settlement with the at-fault party’s insurance company.
This saves you from having to file a lawsuit. However, if the insurance company won’t settle, your attorney will help ensure that you have sufficient time to prepare for court, should that become necessary.
Attorney Blake Friedman of Friedman Injury Law understands the importance of moving quickly after a car accident injury. Our team will aggressively pursue justice on your behalf and fight to get you the compensation you deserve.
Call 702-970-4222 or contact us online now to schedule a free consultation or to speak with a lawyer regarding the Nevada car accident statute of limitations.