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Summary
You have two years after a car accident to claim injury in Nevada.
Table of Contents
How Long After a Car Accident Can You File an Injury Claim in Nevada?
According to the Nevada statute of limitations, you have two years from the date of the car accident to file a personal injury claim.
The legal definition for the Nevada statute of limitations is outlined under NRS 11.190, which states:
"An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another must be taken on within two years."
Failure to file a personal injury lawsuit within the given two years could result in your case being dismissed and your right to compensation lost.
To ensure your car accident claim stays within the statute of limitations, contact an experienced personal injury attorney today by calling (702) 566-3600 for a free consultation.
What Is a Statute of Limitations?
statute of limitations is a law that sets the maximum amount of time a person has to take legal action after an event.
After a set statute of limitations passes, a person can no longer file a lawsuit or take any other legal action for the event that occurred to them, and insurance companies may deny payouts.
In Nevada personal injury cases, it's crucial to abide by the statute of limitations, as attempting to file past the given two years could result in you being financially burdened with unpaid medical bills, lost wages, and other expenses caused by the accident.
What Is the Statute of Limitations for Other Types of Claims in Nevada?
In Nevada, the legal time limit set by the statute of limitations depends on the type of legal claim, as some claim types have longer periods while others have shorter.
Important statute of limitations based on claim type include:
- Personal Injury Claims (2 Years): Under NRS 11.190(4)(e), those who suffer injuries from a negligent act of another, such as a car accident or slip and fall, have two years from the accident date to pursue legal action.
- Property Damage Claims (3 Years): According to NRS 11.190(3)(c), those who wish to take legal action for damage or loss to real or personal property have 3 years from the date the property damage occurred to file a claim.
- Medical Malpractice Claims (1 to 3 Years): In medical malpractice cases, such as botched surgeries, a claim must be filed within 3 years of the date of the injury or within 1 year of when the injury should have been or was discovered.
- Wrongful Death Claims (2 Years): In the event a person is killed due to someone else's negligence, under NRS 11.190(1)(b), the surviving family members are given 2 years from the person's death to file a wrongful death lawsuit.
- Breach of Written Contract (6 Years): NRS 11.190(1)(b) gives a person a 6-year time limit for taking legal action regarding any written contract breaches.
- Breach of Oral Contract (4 Years): Verbal agreements that are legally enforceable are given a 4-year window from the date of the contract breach.
Knowing the statute of limitations for your claim type is crucial, especially if you're seeking compensation.
Filing outside the time limits could result in you losing your legal rights to compensation.
Exceptions to the Nevada Statute of Limitations
While the Nevada statute of limitations sets clear time limits for legal proceedings, such as in car accident cases, there are exceptions where the statute of limitations can be extended.
Knowing the following exceptions is crucial, as they may apply to your car accident claim and change the legal process.
Discovery Rule
The discovery rule states that the statute of limitations for a personal injury claim does not begin until the injury is discovered or should have been discovered.
The discovery rule expectation is most common in medical malpractice cases or car accident claims, where an injury may present delayed symptoms.
Victim Under 18
Under NRS 11.250, an accident victim who is under 18 will have the statute of limitations for their personal injury lawsuit paused until they turn 18.
Once the victim reaches the age of 18, the Nevada personal injury statute of limitations begins at its normal 2-year period.
Mental Incapacity
If an injured party is declared mentally incompetent after an accident, such as if they're in a coma, the statute of limitations will not begin until they regain adequate mental capacity.
Defendant Leaves the State of Nevada
If the responsible party leaves Nevada before a personal injury suit is filed, the victim's statute of limitations could be paused until the at-fault party returns to the state.
Concealment
In the event the party responsible for the accident victim's injuries intentionally conceals evidence or misleads the victim, the statute of limitations may be extended to the date the fraud was discovered.
What If You Try to File a Car Accident Claim After the Statute of Limitations Expires
If you attempt to file a motor vehicle accident claim after the statute of limitations runs out, the court will dismiss your case, and your right to seek compensation will be lost.
In addition, the insurance company will no longer be legally obligated to settle your claim and can deny any payouts.
Missing the statute of limitations following a car accident can have severe legal consequences, which is why it is crucial to hire an experienced personal injury lawyer, as they can help ensure that any applicable statute of limitations is followed.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
