When you or someone you know and love has been injured in a car accident, there are likely damages that the victim loses. These damages could be compensated for throughout the legal process if one files a claim. However, there are legal limits that outline when a person can file their claim and receive compensation.
In Nevada, you will have two years from the day you were injured to file a legal claim in hopes of obtaining compensation. To help with this, a Las Vegas car accident lawyer could offer plenty of necessary assistance throughout the legal process. Speaking to someone as soon as possible will be key to ensuring all rules are followed and timeframes are met.
How to Start Filing Your Claim
In order to meet the statute of limitations on car accident claims, there are steps that need to be followed. With the assistance of H&P Law’s legal team, filing a claim will be straightforward, allowing you to collect compensation quickly.
- Start by filing a formal written complaint with the appropriate courts.
- With the same court, file a summons with the clerk. This is known as the official notification to the responsible party that you are filing a legal lawsuit against them for what losses they have caused.
- Pay the necessary filing fees to the court.
- Schedule for the court to personally give the defendant a copy of the forms filed and summons.
It’s crucial that each step is followed correctly so that deadlines are met and compensation can be offered. If there is an error anywhere in the process above, your claim could be at risk. This is why one of our skilled car accident attorneys in Nevada can offer support and assistance to you.
What to Do When This Time Limit Is Exceeded
Let’s say, for any reason, the timeframe to file a legal claim has passed. What will happen? In a situation like this, when the victim brings a claim to the court that exceeded the time frame, the defendant is able to have it dismissed.
This means that the court can legally dismiss your claim and leave you without compensation for your injuries caused by another party. Filing your claim within the given time limit is imperative, and getting started as soon as possible is key. Speak with a skilled car accident lawyer from H&P Law to better understand these timeframes and to start your legal claim within the proper time.
The Statute of Limitations in Nevada
As mentioned, in Nevada, the statute of limitations for suing the responsible party after a car accident is two years. A statute of limitations will begin the day a person is injured and will last a certain number of years. This statute is a state-imposed timeframe that adds limits to filing a legal claim in hopes of seeking compensation.
The Benefits
This timeframe was established for various reasons in the legal field, including:
- To make sure that victims file their claims while evidence is still fresh and can be taken into full account
- To prevent the civil court systems from being overwhelmed or taken over by out-of-date personal injury claim
- To fully protect defendants from being sued for injuries that happened years ago
In many cases, a car accident claim will settle out of court. However, it is important to know that the victim has the time to progress to court if needed.
Exceptions to Nevada’s Statute of Limitations
With rules, there are exceptions, and Nevada’s statute of limitations is no exception. There are a few main expectations for this legal timeframe to file your claim.
- If you were injured and were younger than the age of 18, you have until your 18th birthday to file a legal claim. To expedite things, legal guardians can file a lawsuit on behalf of this victim.
- If there were property damages along with other losses, a claim for these specific damages must be made within three years of them occurring. One more year is given to claims of this nature because property damages can be high, and getting the necessary compensation is important.
- In medical malpractice claims, the discovery rule will come into play. This rule states that the timeframe for this type of claim won’t begin until the discovery of malpractice is made. For example, if a surgeon has left an instrument inside the body during surgery, the statute will start from this day, not when the surgery occurred.
- If birth injuries have taken place, the child or legal guardian will be able to file a claim up until the time the injured victim is 10 years old. This age will stump the three-year rule that’s in place only if their parent or guardian files a claim in good faith on their behalf.
- Product liability timeframes also waiver based on the day an accident or injury has occurred due to defects. Even if you bought a product years before and haven’t been injured until the present day. This statute will begin when you are injured and last for three years.
Get in Touch with an Experienced Car Accident Lawyer to Begin Your Claim
With these strict guidelines in place, it’s important to get help as soon as possible. Two or three years may seem like an ample amount of time to wait to file your claim, but it does go by quickly. Additionally, the claims process takes time, and before you know it, the chances of securing compensation for your losses could be gone.
Contact our team of skilled lawyers at H&P Law to schedule a free consultation. At this time, we will speak more with you about your case and get started as soon as possible. No matter the situation you are in, we are ready to speak with you and offer the advice you need.
