Statute of Limitations for Car Accident Claims
Getting into a car accident is stressful, but what happens after can be even more challenging. Many people don’t realize that time plays an essential role in protecting their rights after an accident. Nevada law imposes strict deadlines for filing a car accident claim, and missing those deadlines can mean losing your chance to recover compensation for your injuries and damages.
In Nevada, the statute of limitations gives you a set time to file a personal injury claim. If you miss this deadline, your case could be dismissed, leaving you with unpaid medical bills, car repair costs, and other expenses. Insurance companies often take advantage of delays, so knowing the legal process is essential to safeguarding your claim.
At THE702FIRM Injury Attorneys, our experienced Nevada car accident attorneys are here to guide you every step of the way. If you’ve been injured, don’t wait to take action. Learn how Nevada’s statute of limitations applies to your car accident claim and ensure your rights are protected.
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
In Nevada, the statute of limitations for filing a personal injury lawsuit resulting from a car accident is generally two years from the date of the accident. However, certain exceptions can extend or modify this timeframe:
- Discovery Rule: If an injury isn’t immediately apparent, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered. For example, if internal injuries from a car accident are diagnosed months later, the two-year period starts from the diagnosis date.
- Minors: The statute of limitations is tolled for individuals under 18 at the time of the accident until they turn 18. They then have two years from their 18th birthday to file a lawsuit. Alternatively, a parent or guardian can file a claim on behalf of the minor before they reach adulthood.
- Defendant’s Absence: If the at-fault party leaves Nevada after the accident and is absent for six months or more, the statute of limitations may be extended by the duration of their absence. This ensures plaintiffs have a fair opportunity to serve legal papers.
- Fraudulent Concealment: If the defendant actively conceals their wrongdoing, preventing the plaintiff from discovering the injury or its cause, the statute of limitations may be tolled until the concealment is or should have been discovered.
- Mental Incapacity: If the injured party is mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain capacity.
When Should I Start Filing My Claim?
Filing a car accident claim or personal injury lawsuit as soon as possible after a crash is critical to protecting your rights. Time is not on your side when it comes to pursuing legal action. Understanding these deadlines and taking prompt action ensures your case is not dismissed because of delays.
Act Quickly After a Car Accident
The first step after a car accident is to seek medical attention for physical injuries, even if they seem minor. Some injuries, like whiplash or internal damage, may not show symptoms immediately. Prompt medical care not only safeguards your health but also establishes documentation essential for your personal injury claim.
Preserve Evidence and Notify Your Insurance
Gather evidence at the accident scene, such as photos, witness contact information, and police reports. Notify your insurance company about the crash as soon as possible, as most policies have their own deadlines for reporting accidents. Failing to do so may weaken your claim or delay compensation.
Understand Nevada’s Statute of Limitations
Nevada law gives you two years to file a personal injury claim from the date of the car accident. For property damage claims, you have three years. In wrongful death claims, surviving family members must file within two years of the victim’s death. Missing these deadlines can result in losing your right to pursue a lawsuit seeking compensation for medical bills, lost wages, and other damages.
Work with an Experienced Attorney
Handling the legal process alone can be overwhelming, especially when dealing with insurance companies and at-fault parties. An experienced personal injury lawyer can guide you through the claims process, ensuring all deadlines are met and evidence is properly handled. Many law firms in Las Vegas offer a free consultation to help evaluate your case and outline the best course of action.
Why Early Action Matters
Filing your car accident claim promptly strengthens your case. Evidence, like photos from the crash scene and witness statements, is easier to collect while details are fresh. Acting quickly also helps address issues like negotiating with the insurance company or pursuing legal action if they deny your claim or offer less than fair compensation.
Act Now to Protect Your Rights After a Car Accident
The statute of limitations for car accident claims is a legal time limit that determines how long you have to file a lawsuit after a crash. In Nevada, the deadline is typically two years from the date of the accident. Missing this deadline can bar you from recovering compensation, even if you have a strong case.
It’s important to act promptly. Evidence, like witness statements or video footage, can become harder to gather as time passes. Consulting a personal injury attorney early on can help protect your rights and ensure you meet the required deadlines. This applies not only to personal injury cases but also to wrongful death claims stemming from a car crash.
If you’ve been involved in an accident, don’t delay. Reach out to THE702FIRM Injury Attorneys to schedule a consultation and learn how we can help you pursue the justice and compensation you deserve.