Statute of Limitations for Car Accident Claims
Taking immediate action if you’re hurt in a Nevada car accident is very important. Filing an injury claim right away means you could recoup money for medical bills, lost wages, and other losses much sooner than if you wait. Delaying could have serious legal repercussions — you could end up missing Nevada’s statute of limitations for car accident claims. Failing to file before the deadline could mean you lose your right to compensation completely.
Questions about the statute of limitations in your case? Turn to the Las Vegas car accident lawyers at THE702FIRM Injury Attorneys for help. We know how important it is to recover the compensation you need so you can pay your bills and move on after a crash. Our legal team is available to take action on your case right away.
Get a free initial consultation by calling our Las Vegas office or filling out our online contact form.
What Is a Statute of Limitations?
Every state has an established statute of limitations, or deadline, for filing a lawsuit after an injury accident. There are several reasons states put time limits on personal injury and other types of claims. Statutes of limitations were established to:
- Ensure that personal injury plaintiffs file their claims while the evidence in the case is still fresh
- Prevent civil courts from being overwhelmed with personal injury cases
- Protect potential defendants from being sued for injuries that happened many years ago
The statute of limitations for filing personal injury lawsuits is separate from the deadline to file an insurance claim against the party or parties responsible for your injuries. However, the personal injury statute of limitations can have an impact on an insurance claim as well.
While most personal injury cases settle out of court, one key factor in settlement negotiations is the knowledge that the injured party could choose to take the case to trial if they wish. If the injured party waits too long to file their claim and the deadline to file a lawsuit passes, they’ll have no leverage available to force the party responsible for their injuries to pay for the harm they’ve caused.
What Is the Statute of Limitations for Car Accidents in Nevada?
The statute of limitations in Nevada varies on the type of case you’re filing. For example, you may have a personal injury claim after a car accident as well as one for your damaged property. There are different deadlines for those two types of claims.
For personal injury claims related to car accidents, you have two years from the date of your injury to file a legal claim. Waiting more than two years to file a lawsuit means the court will dismiss your claim and your right to compensation is forfeited.
A two-year statute of limitations also applies for wrongful death claims stemming from a car accident. In those cases, the clock starts ticking on the date of the victim’s death, which may be different from the date of the wreck itself.
Exceptions to the Statute of Limitations
Injured parties who were younger than 18-years-old at the time of the accident do not have to file a lawsuit until two years from their 18th birthday. To speed up the process, the injured minor’s parents can file a lawsuit on behalf of their child sooner.
Property damage claims must be filed within three years from the date of loss. This extra year for a property damage claim can help you recover something for your losses, even if it’s not as much as you might have recovered otherwise.
When Should I Start Filing My Claim?
To avoid running into any potential issues with Nevada’s statute of limitations, you should start the personal injury claims process as soon as possible after an accident. This generally means talking to a personal injury lawyer at the earliest possible opportunity.
Once you’ve contacted an attorney, they may not necessarily file an insurance claim or personal injury lawsuit right away. These cases take time to build, especially if you want to seek the maximum amount of compensation for your claim. Your lawyer will need time to gather evidence from the crash scene, obtain your medical records, get statements from witnesses, request a police accident report, and find other information to support your case.
After building the claim, your car accident lawyer will likely file a claim against the other driver’s insurer. That will begin the settlement negotiation process. Negotiations can take anywhere from a few weeks to months or years, depending on the available evidence to support your case, the liable party’s willingness to take responsibility for your injuries, and other factors.
As you and your attorney are working through settlement negotiations, your attorney will be keeping an eye on the deadline imposed by Nevada’s statute of limitations. If a fair settlement can’t be reached before the time limit expires, you’ll need to decide whether to file a lawsuit or drop your case.
Trials can be risky, but sometimes they’re the only way for you to get the full amount of compensation you’re owed. You can minimize the risk of going to trial by getting help from an experienced injury attorney.
Contact a Car Accident Lawyer in Las Vegas
Don’t wait until it is too late to get the compensation you deserve if a negligent driver struck you. At THE702FIRM Injury Attorneys, we have more than 130 years of combined legal experience fighting for justice for accident victims just like you.
Let us help you put an end to this painful chapter of your life. Get a free consultation with a Las Vegas car accident lawyer at our firm now. Call or contact us to get started.