If you were injured in Reno, Nevada, you need to be aware of a specific deadline to file a personal injury claim called the statute of limitations. A Northern Nevada personal injury lawyer at Lerner and Rowe offers representation for those filing a Reno personal injury lawsuit. Missing a deadline could potentially result in a dismissal, a summary judgment in the case, or a reduction of the damages that the plaintiff is legally entitled to. Let’s take a more in-depth look at these timelines.
Nevada Statute of Limitations for a Reno Personal Injury Lawsuit
The statute of limitations is intended to create fairness for injured individuals and at-fault parties. NRS 11.190 defines how long you have to file your case after an injury. If you get hurt in Reno, you generally have two years from the date of injury to pursue your case. This deadline gives plaintiffs (the injured) ample time to file their case while protecting the defendant (at-fault party) from frivolous lawsuits long after the injury has passed.
The statute of limitations for medical malpractice slightly differs. An individual who gets harmed through medical malpractice has two years from the date of the “known” injury, or up to three years from the “discovery date” if they were not aware of the injury, whichever is sooner.
What If Your Injury Claim Involves a Government Entity?
Let’s say you were injured in a slip-and-fall accident while walking through a government maintained space. The defendant might include municipal departments or the city itself. When you file a claim against a government entity in Nevada, you must file the claim within two years after the time the cause of action accrues per NRS 41.036.
However, as lawsuits against government entities are more layered and complex, you would benefit from hiring a seasoned lawyer with experience filing Reno personal injury lawsuits.
Do You Have to Mediate Before Trial?
The Reno justice system has mandatory mediation for small claims cases under a certain dollar amount, which could include some smaller personal injuries. In some cases, a judge may require a settlement conference if they believe a case has the potential to be resolved without a trial.
If your case does require mandatory mediation, an attorney will be able to confirm if this process will impact the time limits of your personal injury claim.
How Long Does a Reno Personal Injury Lawsuit Take?
A personal injury case’s outcome depends on a lot of different factors, including the complexity of the case, the defendant’s perceived liability, and where the case is in negotiation. Missed deadlines can result in a longer case.
How Can a Lawyer Help Meet Deadlines in a Personal Injury Case?
If you try to file a Reno personal injury lawsuit on your own, you may make procedural errors by trying to meet court-imposed deadlines. These procedural errors may be the result of rushing through the legal process or the inability to know if you miss including something important and do not file properly. A Reno personal injury lawyer, such as Lerner and Rowe, can help a by ensuring that you:
- Properly file initial disclosures on time.
- Make sure that discovery is completed within the allotted time frame or file an extension if one is needed.
- Respond to motions from the opposing counsel within the required timeframe.
If you require representation in a personal injury case, Lerner and Rowe is a Reno-based firm that can help. Call 775-644-4444 for a free consultation on your case. You can also connect with us online through LiveChat or by sending your case information through this secure form.