Statute of Limitations in Nevada

Car accidents can significantly impact one’s life, causing physical, emotional, and financial distress. A car accident victim in Nevada can seek compensation for their injuries and losses. However, there is a specific time limit within which these claims must be filed, known as the statute of limitations. 

This article will discuss the statute of limitations for car accident claims in Nevada and provide essential information for victims seeking compensation. We will also discuss how an experienced injury attorney can help you with the claims process.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. This timeframe varies depending on the type of case or legal claim. The primary purpose of the statute of limitations is to guarantee fairness and efficiency in the legal system. 

Furthermore, it helps to prevent the initiation of legal actions that are considered too old, where evidence may have deteriorated or become unavailable, and to provide certainty for individuals regarding the potential for legal actions to be brought against them. 

Here’s a more detailed look at its key aspects:

Varies by Jurisdiction and Case Type 

The specific duration of the statute of limitations can vary significantly depending on the legal jurisdiction (e.g., country, state) and the type of legal case involved (e.g., contracts, personal injury, fraud). Some crimes, particularly serious ones like murder, may not have a statute of limitations.

Civil and Criminal Cases 

Statutes of limitations apply to civil cases (such as lawsuits for breach of contract or personal injury claims) and criminal cases (such as charges for theft or assault). The time limits for these can differ widely.

Commencement of the Limitation Period

The point at which the statute of limitations starts to run can also vary. It may begin when an event occurs, harm is discovered, or the plaintiff should have discovered it with reasonable diligence. 

Tolling of the Statute 

Under certain conditions, the statute of limitations can be suspended or “tolled” for a period of time. This might happen, for example, if the defendant is a minor, out of the state, or in prison. The statute of limitations is “tolled” or paused for car accident victims who are minors until the minor reaches the age of 18. Once the minor turns 18, they will have two years to file a personal injury claim.

Factors Affecting Car Accident Statute of Limitations

Several factors can affect the statute of limitations in car accident claims, and understanding these factors can help ensure you file your personal injury lawsuit within the appropriate time frame.

Government Entity Involvement

Suppose your car accident involves a government entity, such as a city bus or a government-owned vehicle. In that case, you may need to follow specific procedures and meet shorter deadlines for filing a claim. These deadlines usually differ from the standard two-year statute of limitations and often require filing a notice of claim within a shorter period. Consulting an experienced car accident attorney can simplify the process and ensure your claim complies with the applicable rules and deadlines.

Multiple Defendants

When multiple defendants are involved in the accident, the statute of limitations may differ for each party, and you must ensure that you file your claim within the required time for each defendant. In such cases, it is essential to identify all responsible parties as soon as possible and work closely with your attorney to ensure you meet each defendant’s filing deadlines.

Wrongful Death Claims

In the case of wrongful death claims, where a car accident results in the death of a loved one, the statute of limitations may differ from personal injury claims. Typically, in Nevada, the statute of limitations for wrongful death claims is also two years from the date of the accident (NRS 11.190(4)(e))

However, the legal process and requirements for wrongful death claims may differ from personal injury claims. Therefore, consulting with an experienced car accident attorney who can guide you through these complexities and ensure you file your claim within the appropriate statute of limitations is crucial.

By understanding the factors that can impact the statute of limitations in car accident claims, you can better protect your rights and ensure you seek the compensation you deserve within the required time frame.

Statute of Limitations - Temple Injury Law

Exceptions to the Statute of Limitations

Nevada’s statute of limitations for car accident claims has a few exceptions.  In some cases, the deadline may be extended under specific circumstances:

  • Discovery Rule: If the injured party was unaware of their injury and could not have reasonably discovered it within two years, the statute of limitations may be extended. The deadline would begin from when the injury was discovered or should have been discovered with reasonable diligence.
  • Defendant’s Absence: If the at-fault party (the defendant) is absent from the state of Nevada for six months or more, the statute of limitations may be extended by the length of the defendant’s absence (NRS 11.250).

When Should You Start Filing My Claim?

It is highly recommended that a car accident claim be filed immediately. Starting the process early allows you and your attorney to gather crucial evidence while the information remains fresh, such as:

  • Photographs
  • Police accident report
  • Witness statements
  • Medical records

Additionally, initiating the process early will provide ample time to negotiate with insurance companies and prepare for a potential trial if necessary.

Contact a Motor Vehicle Accident Attorney in Nevada