If you have been injured in an accident due to someone else’s negligence in Nevada, you may be entitled to compensation for your damages. However, the clock starts ticking once you have been injured, and it’s important to understand the statute of limitations for personal injury claims in Nevada. In this article, we will explore how long you have to file a personal injury lawsuit in Nevada and what can happen if you miss the deadline.
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What Is the Statute of Limitations for Personal Injury Claims in Nevada?
The statute of limitations is the legal deadline that determines how long you have to file a lawsuit after an injury or other harm. In Nevada, the statute of limitations for personal injury claims is two years from the date of the injury or accident. This means that you have two years from the date of the accident to file a lawsuit in court.
Why Is the Statute of Limitations Important?
Missing the statute of limitations can have serious consequences. If you fail to file within the statute of limitations, your case may be dismissed by the court, and you may lose your right to seek compensation for your injuries. This means that even if you have a strong case and would otherwise be entitled to compensation, you will not be able to recover any damages.
When Does the Statute of Limitations Start?
In most cases, the statute of limitations begins to run on the date of the accident or injury. This is known as the "accrual date". However, there are some exceptions to this rule, depending on the type of injury and the circumstances surrounding it, which we will discuss in more detail below.
Exceptions to the Two-Year Statute of Limitations in Nevada
There are some exceptions to the two-year statute of limitations for personal injury claims in Nevada. These exceptions may change how long you have to file a lawsuit or when the statute of limitations begins to run.
Minors
If the person who was injured in an accident is a minor (under the age of 18), the statute of limitations is usually tolled. This means that the clock stops running on the date of the injury and does not start again until the minor turns 18. Once the minor turns 18, they have two years to file a personal injury lawsuit, or until they turn 20 years old, whichever comes first.
Medical Malpractice
The statute of limitations for medical malpractice claims in Nevada is slightly different. In these cases, the statute of limitations begins to run on the date when the injury was discovered or should have been discovered through reasonable diligence (also known as the "discovery rule"). However, in no case may an action for medical malpractice be commenced more than four years from the date of the act or omission giving rise to the injury or death, unless the defendant fraudulently concealed the action.
How Can an Attorney Help?
If you have been injured in an accident, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand the statute of limitations for your particular case and ensure that you do not miss any deadlines. They can also help you gather evidence, negotiate with insurance companies, and prepare your case for trial if necessary.
Conclusion
The statute of limitations for personal injury claims in Nevada is two years from the date of the injury or accident. However, there are some exceptions to this rule, depending on the type of injury and the circumstances surrounding it. It’s important to consult with an experienced personal injury attorney who can help you understand the statute of limitations and ensure that you do not miss any deadlines. Missing the deadline can have serious consequences and may result in the loss of your right to seek compensation for your injuries.