Nevada’s statute of limitations is the timeframe in which you are legally allowed to file a personal injury claim after your date of injury. Failing to meet this deadline means you may be barred from making a claim for compensation. To help ensure that you don’t miss out, you need to turn to a proven Las Vegas personal injury law firm like Lerner and Rowe to ensure you file your claim on time in order to receive the compensation you deserve for your
Overview of Nevada’s Statute of Limitations
In Nevada, the statute of limitations on personal injury claims is two years from the date of injury. Meaning that if you’ve been hurt in a car collision, slip and fall, catastrophic accident, or other accident due to the negligence or recklessness of another, your case falls under this two-year limitation. The main thing to remember is that if you do not file within this time limit, you may give up your legal rights to file for just compensation. However, medical malpractice claims must be filed within three years from the date of the injury, or one year after you knew or should have known of the injury, whichever is earlier.
Having the assistance of a personal injury law firm is crucial for understanding the specific circumstances that could impact this timeframe. An experienced Las Vegas personal injury attorney can assist you throughout the entire process, ensuring your claim is filed accurately and within the deadline.
How the Statute of Limitations Is Determined in Las Vegas Personal Injury Cases
The clock on Nevada’s statute of limitations begins on the date your injury and accident occurred. That said, it is not always this simple. This is because some injuries are known as slow onset or latency injuries, where an injury does not present symptoms immediately.
However, Nevada follows the “discovery rule” for these situations. In such cases, the statute does not begin until the date when injury is discovered, or when it should have been reasonably discovered. This is especially true in medical malpractice and other types of cases where the injury is not immediately apparent.
There are other considerations that can affect when the statute of limitations starts. For example, if the victim is a minor, the time limit to file may not begin until they become 18 years old. In case the responsible party is in another state or cannot be located, the statute can be delayed to prevent litigation.
Common Exceptions to the Statute of Limitations
There are a number of exceptions that can “toll,” or suspend, the statute of limitations on a Nevada personal injury case.
- When the injury is not obvious, “discovery rule” may apply
- The victim is a minor
- The statute may also be tolled, or put on hold for any period of time in which the defendant is out of state or similarly concealed and cannot be found.
For example, if your injury occurred at work but was only noticed months later, the statute of limitations could begin from the date you received a medical diagnosis, provided you have proper documentation from your doctor.
Requirements for Setting the Date of the Statute of Limitations
Determining the exact date a statute of limitations begins can be complicated. Medical records are usually considered the best evidence that an injury happened when it is documented. Furthermore, witness testimonies might encourage questions concerning when and what occurred. Expert testimony is sometimes required, especially in cases involving medical malpractice or injuries that develop over time.
Proper documentation is crucial throughout the process. Each piece of evidence will be carefully examined to show the timeline as clearly as possible. This will include accident reports, medical bills and any other correspondence relevant to your injury. A solid understanding of these documents can help establish the precise date an injury was, or should have been, discovered under Nevada’s “discovery rule.”
The Role of a Las Vegas Personal Injury Lawyer
Having a personal injury attorney in Las Vegas is essential for understanding these nuances related to the statute of limitations and for filing your claim correctly. Their primary function is to determine when the statute of limitations begins by reviewing medical records, accident reports, and witness statements. This can prevent some pitfalls that could cause your claim to be barred because of a missed deadline.
Besides determining the timeline, a personal injury lawyer can identify exceptions that may alter or extend the statute of limitations. The exceptions could be rooted in the “discovery rules,” the age of the victim, or the offender’s attempts to evade being served. A lawyer understands these nuances and will make sure they fully protect your rights.
Practical Tips for Meeting Deadlines
By following these tips, you can be sure to meet the Nevada statute of limitations and file your personal injury claim correctly and on time.
- Seek legal guidance immediately: Contact a personal injury attorney as soon as you are injured. This gives you the advantage of having legal representation to expedite the process and ensure faster filing.
- Document your injuries: Keep detailed records of your medical appointments, treatment notes, bills, and other documents related to your injury. Make sure to save the hard copies.
- Don’t delay seeking medical attention: If you suspect that you have been injured due to negligence, do not put off medical treatment. Seeking immediate medical attention can safeguard your claim under the “discovery rule,” demonstrating that a condition was present, even if unbeknownst to you, and diagnosis was only made after further examination.
- Stay informed: Keep yourself updated on important developments regarding the statute of limitations. This includes cases involving minors or if the at-fault party is out of state.
- Stay in touch with your attorneys: Make sure to stay in touch with your attorneys for frequent updates and consultations, as this will help identify any issues that could potentially delay filing and keep your case on track.
Following these tips will allow you to better navigate the statute of limitations deadlines that relate to your Nevada personal injury case. Ultimately, work with a proven Las Vegas law firm like Lerner and Rowe to help your case in the long run.
Our lawyers offer free consultations and won’t ask for any legal fees unless we win your case. If you have questions or concerns, call the office today at 702-877-1500 and get the answers you need.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.