Being involved in a car accident can be downright traumatizing. One minute, you could be waiting at an intersection for the light to turn green and the next second a car that came out of nowhere hits your vehicle and sends you off course. Not surprisingly, it can be difficult to know and understand what the next steps are when you are involved in a crash. Even worse, the symptoms of a severe injury resulting from a Nevada car accident may not show up right away. Many symptoms do not appear until days or even weeks after the accident. By the time a Nevada accident victim has realized the symptoms affect day-to-day life, the deadline to file a personal injury claim may have passed.
Filing a Claim Explained
When it comes to a personal injury, there are two types of “claims” that a victim may pursue. One is an insurance claim and the other is a legal claim. While these two overlap and affect one another, they are different legal concepts.
The Insurance Claim
Under Nevada law, all drivers must carry a minimum amount of automobile liability insurance coverage. Insurance claims help to pay for the initial expenses of a Las Vegas car accident – whether the insurance claim is made against your own insurance company or the other driver’s insurance company. Frequently, however, the limits under these car insurance policies fall short of paying a car accident victim every dollar needed to recover from his or her accident-related injuries. Indeed, serious injuries suffered in a Las Vegas car accident can run into the hundreds of thousands of dollars. This is where a legal claim comes into play.
The Legal Claim
When the other driver has a legal responsibility to pay for damages for your injuries due to a Las Vegas car accident, you likely have a legal claim against him or her. This legal claim or lawsuit is generally pursued after an insurance claim has been. Notably, the potential lawsuit against an insurance company, even if it has yet to be filed, helps the insurance company determine whether or not to settle your insurance claim and for how much.
Deadlines for Personal Injury Lawsuits
Like many other states, Nevada has placed strict time limits on when a person can take legal action to recover monetary compensation due to car accident injuries. This is referred to as the statute of limitations. Failure to file a lawsuit within the prescribed time frame will forever bar the person’s ability to pursue damages. The statute of limitations for most personal injury lawsuits in Nevada is two years from the date of the injury. To be clear, most cases require a victim to file a legal claim within two years of the date of the accident – not two years from the date he or she discovers the injuries. In only the rarest circumstances can someone still pursue a Nevada personal injury claim after missing the statute of limitations.
Contact Our Lawyers
If you or someone you care about has been hurt in a Las Vegas, Nevada car accident contact the skilled Las Vegas personal injury attorneys at Matt Pfau Law Group. We can explain your rights and obligations under the law in clear terms and help fight for the compensation you deserve.