If you or someone you care about has been hurt in a Nevada car accident, it is critical to know that you file a claim for compensation within the statute of limitations under state law. It is just as important for you to know and understand how these deadlines affect your accident and a claim for monetary compensation. If you have questions regarding filing a personal injury claim after being involved in an accident, you should contact an experienced attorney right away.
Statute of Limitations
The state-imposed time limit for filing a lawsuit on a personal injury case is known as a “statute of limitations.” Every state in the nation has these deadlines. Under Nevada law, harm suffered in a car accident is considered a personal injury claim. The statute of limitations for these types of cases is two years from the date of the accident. This means that once the car crash happens, you have two years to file a lawsuit against the at-fault party in a Nevada court. When a car accident is fatal, the statute of limitations is still two years. In either scenario, any attempt to seek monetary compensation in court must be filed within the two-year deadline.
Finally, if your car or any other personal property is damaged as a result of the collision, a different statute of limitation applies. In Nevada, the statute of limitation to file a claim against an at-fault party for property damage is three years from the date of the accident.
When Minors are Accident Victims
If a victim of a Nevada car accident is a minor, the law mandates that the victim wait until he or she turns 18 years of age to file a lawsuit against the at-fault party. Accordingly, the statute of limitation in this scenario is two years from the date the victim turns 18 years of age. That being said, the minor’s parents may file a claim against the at-fault party on the minor’s behalf. Should the parents file for the minor, the minor loses his or her legal right to file a lawsuit against the at-fault party when he or she turns 18 years of age.
Missing the Statute of Limitations
Generally, if a lawsuit is filed in a Nevada court — or any court in the country, for that matter — after the applicable statute of limitations has passed is often dismissed. This is because the defendant’s attorney will ask the court to dismiss the claim due to the statute of limitation passing, which the court will likely do. This is why it is crucial that each deadline associated with a car accident claim must be closely followed and complied with. If you are dealing with a personal injury, property damage, or wrongful death claims, contact an attorney right away to ensure your claims are properly handled and each deadline is met.
Experienced Las Vegas Car Accident Attorneys
If you or someone you care about has been hurt in a Nevada car accident, you should contact a personal injury attorney right away after first seeking appropriate medical attention. At H&P Law, our attorneys dedicate themselves to ensure clients’ cases are handled properly and efficiently in order to obtain the fastest and best outcome possible based on the facts of the case and the law. Contact us today for your initial case evaluation.