Right after an injury, some may decide to wait and see how they will end up feeling weeks or months after the accident. They may know that they have the right to sue someone because the injury was not their fault, but they wait to see how things shake out.
This is not terribly flawed logic. But, it does not take into account a few factors that need to be considered. First, is your case almost dead because you are too close to the statute of limitations? Second, has waiting made your case more difficult because you didn’t realize that you were missing an important factor in the law or in your injury?
This article will address these two issues and help you decide how long you should wait to hire a lawyer for an injury.
Nevada Statute of Limitations
In Nevada, the statute of limitations for most personal injury cases is two years. This means that you will have just two years to build your case and file your lawsuit. Medical malpractice cases have a one year statute of limitations.
This may seem like a fairly long time if you were just injured. But, building your case and understanding all of the factors discussed below could take that long. If you miss the statute of limitations by failing to file a claim for your injury by just one day, your case is dead. There will be nothing you can do to revive it and get the money you need.
Understanding how this timeframe will affect your rights requires an experienced personal injury attorney. The sooner an attorney has the facts of your case, the sooner your right to the money you need will be preserved.
Potential Missed Factors
Las Vegas personal injury cases demand a lot of attention to detail. They require an individual to research and completely understand the law. For example, it can be very difficult to prove who is a fault even if the case seems cut and dry. Your good attorney will need time to thoroughly research and understand the extent of your injury along with any issues of liability. (See Article: Determining Your Liability)
If you wait too long to file a law suit with a Las Vegas personal injury lawyer you could severely damage your case because you won’t give the attorney enough time to provide who is at fault before the statute of limitations (discussed above) is over.
Another factor to consider is how your injury (and the treatment you are getting for your injury) will affect your case. The reason for this is there are different types of injuries (AKA damages) that will need to be properly factored into your case. These damages are Special Damages and General Damages.
Special damages are the injuries that can be counted in money. For example, your doctor’s bills and your lost wages are both considered special damages. You should always keep a good accounting of the doctors that you visited because of your injury and how much you paid them. Conversely, if you don’t go to the doctor or don’t keep up with your regular treatment, it could seriously affect your personal injury case and you won’t be able to fix it if you wait too long.
General damages are injuries that are more difficult to count. They include things like pain and suffering or loss of consortium. These are difficult to calculate and justify if you don’t have extensive experience in dealing with them. This is one more reason that speaking with a lawyer not too long after you accident will be important.
Understanding Your Injury Case
If you have been injured and you would like to speak with an attorney about your particular situation, we would be happy to offer you a free consultation with one of your expert attorneys. To schedule a time, you can call 702-912-4451 or click here to request a meeting time.
We look forward to assisting you and to giving your case the time and attention it deserves.
