Statute of Limitations in Nevada

Car accidents can significantly impact one’s life, causing physical, emotional, and financial distress. In Nevada, individuals injured in a car accident 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.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a time limit within which legal actions must be filed. This law aims to ensure that claims are filed within a reasonable time and prevent the loss of essential evidence that may be crucial to proving a case. In Nevada, the statute of limitations for car accident claims varies depending on the type of claim being filed.

Car Accident Victims Who Are Minors

In Nevada, the statute of limitations for personal injury claims resulting from a car accident is two years from the date of the accident (NRS 11.190(4)(e)). However, if the victim of the car accident is a minor, the statute of limitations is “tolled” or paused until they reach the age of 18. Once the minor turns 18, they will have two years to file a personal injury claim.

Factors Affecting the 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 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 help you navigate this 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.

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Exceptions to the Statute of Limitations

A few exceptions exist to Nevada’s statute of limitations for car accident claims. In addition, 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).

What Happens If I Exceed the Statute of Limitations?

You may face severe consequences if you fail to file a car accident claim within the statute of limitations. The court will likely dismiss your case if you attempt to file a claim after the deadline. Consequently, you will lose your right to seek compensation for your injuries and losses, regardless of the merits of your case. Therefore, it is crucial to be aware of the applicable statute of limitations and promptly act after a car accident.

When Should I Start Filing My Claim?

It is highly recommended to begin filing a car accident claim immediately. Starting the process early allows you and your attorney to gather crucial evidence, such as photographs, witness statements, and medical records, while the information remains fresh. Additionally, commencing the process early will provide ample time to negotiate with insurance companies and prepare for a potential trial if necessary.

Contact a Car Accident Attorney in Nevada

If you or someone you love has been injured in a car accident in Nevada, it is essential to consult with an experienced personal injury attorney as soon as possible. A knowledgeable attorney can help you understand your rights, navigate the complex legal process, and ensure your claim is filed within the statute of limitations. Don’t risk losing your right to compensation by waiting too long to take action.

In conclusion, understanding Nevada’s statute of limitations for car accident claims is crucial to protecting your rights and seeking the compensation you deserve. Being aware of these time limits and working with an experienced attorney can increase your chances of receiving the financial support you need to recover from your injuries and move forward with your life.