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Time Limit for Car Accident Claims in Nevada
In Nevada, you are given two years after the date of a motor vehicle collision to pursue legal action.
However, this limit can vary based on the type of claim and can be extended due to a variety of exceptions. While the statute of limitations may add stress to your situation due to it being a literal ticking clock, the Las Vegas personal injury lawyers at the Rodney Okano Car Accident Lawyer Law Firm are here to help you in recovering financial compensation before the statute of limitations expires.
What Are Statutes of Limitations?
Statutes of limitations set specific deadlines within which legal action must be initiated following an event, like a motor vehicle accident. In Nevada, tort lawsuits have a two-year time limit, and property damage related to a car crash has an extended statute of limitations of three years. But exceptions may apply, such as for injured minors or if bodily harm was not immediately discovered.
This timeframe ensures timely resolution and prevents litigation based on long-past vehicle collision claims, and missing these deadlines generally results in losing the right to seek a settlement from the at-fault parties.
Different Time Limits for Various Car Accident Claims in Nevada
In Nevada, deadlines vary based on claim type and involved parties. Personal injury claims have a two-year limitation period from the accident date or injury discovery, while property damage claims allow three years to file. Wrongful death cases also follow a two-year statute of limitations starting from the victim's death.
Car accidents involving government vehicles, such as an RTC bus or Metro police car, demand faster action, requiring notice within six months under Nevada's Tort Claims Act regarding government civil cases.
When Does Filing a Car Accident Claim Start?
Filing a claim for a car accident, such as an injury claim or property damage claim, typically begins when you initiate the process with your insurance company in Nevada. This action does not extend Nevada's statute of limitations or alter deadlines written, but it does start the legal process for obtaining a settlement.
Although when filing a personal injury lawsuit, your case may go to court and could last over 2 years before reaching a settlement. However, at this point, the statute of limitations will not affect your legal claim while it's in court.
Extra Considerations for Minors
In Nevada, if a car accident victim is a minor at the time of the incident, special considerations apply to filing claims. Typically, the statute of limitations does not begin until the child turns 18. This means that the window in which they can sue starts after their 18th birthday and lasts for two years.
Meaning, depending on when the accident occurred relative to their age, the actual car accident lawsuit may be filed several years later than the usual two-year deadline.
However, minors do have an option before reaching adulthood to file a claim if their Parent or guardian petitions the court for permission to file a personal injury claim on behalf of their injured minor.
Exceptions That Can Extend Filing Deadlines
Nevada legal statutes reveal certain exceptional circumstances where filing deadlines can be extended. These exceptions often emerge in complex car accident cases involving children or mentally incapacitated individuals.
For example, if a person is legally unable to pursue their personal injury claim due to mental incapacity, the statute of limitations may be tolled until they regain capacity. Also, acts of concealment by a defendant can lead to an extension of these deadlines.
Situations Pausing or Extending the Filing Window
Nevada's strict filing deadlines for personal injury cases may be extended or paused under certain circumstances, such as when the victim is a minor, legally incapacitated, misled by fraud, or involved in a hit-and-run with an unidentified driver.
In these special cases involving minors and those who are incapacitated, the legal time limit starts when legal capacity returns or upon reaching adulthood. In instances of fraud or concealment, like using false identities or hiding liability, the clock may pause until discovery.
Additionally, for unknown drivers in hit-and-runs, the deadline halts until identification is possible.
Consequences of Missing the Statute of Limitations Deadline
When you file a car accident claim or wrongful death lawsuit after the Nevada statute of limitations has expired, the legal consequences can be severe. The civil case is typically dismissed by the court, resulting in the permanent loss of your right to recover financial restitution through a lawsuit or any other legal means.
Additionally, insurance companies have no obligation to negotiate or pay cases that are outside the statutory filing period.
Challenges to Filing After the Deadline
Filing after the statute of limitations for a car accident case has expired presents significant problems. Once this limited time expires, the civil court typically dismisses cases outright.
This means the right to compensation is forfeited, and insurers face no obligation to negotiate or pay. However, rare exceptions like tolling can extend deadlines under specific circumstances, such as when minors are involved or if fraud conceals facts about the incident.
The Importance of Quick Action Post-Accident
Failing to act promptly post-accident can lead to losing your ability to seek compensation due to Nevada's two-year statute of limitations for motor vehicle collision claims.
Immediate action is crucial, as it prevents the above-mentioned and preserves crucial evidence and witness statements, all of which are critical to establishing liability and understanding the extent of your damages.
Also, quick action in the personal injury lawsuit process allows for smoother negotiations with insurers, potentially leading to a more favorable settlement.
Steps to Filing a Car Accident Claim in Nevada
After a car accident, it is crucial to act quickly and document everything. Some key initial steps are:
- Seek medical attention immediately, even for minor injuries
- Report the incident to the police if there are significant damages or injuries
- Notify your insurance company as soon as possible
Collecting Evidence and Documentation Before Time Expires
Help preserve evidence by capturing photos of accident scenes and obtaining witness contact details. Also, prompt medical attention post-accident provides crucial health records for personal injury lawsuits or insurance claims, and reporting to your insurance company within the timeframe set in your insurance policy is essential to prevent claim complications or delays.
Seeking Prompt Legal Advice
Seeking legal advice from an experienced attorney allows for strategic preparation for claims or lawsuits by ensuring evidence is fresh and negotiations with insurers proceed smoothly.
Our Las Vegas law firm provides all Nevada car accident victims with a free consultation with a personal injury lawyer who can help them navigate time constraints, protect their rights, and file an insurance claim on their behalf.
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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.
