What Is a Statute of Limitations?

In the context of legal proceedings related to personal injuries, a statute of limitations is the maximum amount of time that can elapse after an injury before filing a claim. For example, if the statute of limitations is two years, that would mean that you have two years to initiate the lawsuit, after which point your claim would no longer be considered valid. Essentially, the statute of limitations is the deadline for initiating the claim-filing process. The exact statute of limitations will vary depending on the situation and the state in which the event occurred.

 

Is There a Statute of Limitations on Personal Injury Claims?

All states have set statutes of limitations for personal injury lawsuits. Most states have set the statute of limitations for personal injury claims to two years after the date of the injury. However, in some states the statute of limitations can be as long as six years. Here’s a list showing the statute of limitations on personal injury claims in all 50 states:

  • Alabama – 2 years
  • Alaska – 2 years
  • Arizona – 2 years
  • Arkansas – 3 years
  • California – 2 years
  • Colorado – 2 years for standard personal injury claims (3 years for claims involving vehicle) accidents
  • Connecticut – 2 years
  • Delaware – 2 years
  • Florida – 4 years
  • Georgia – 2 years
  • Hawaii – 2 years
  • Idaho – 2 years
  • Illinois – 2 years
  • Indiana – 2 years
  • Idaho – 2 years
  • Kansas – 2 years
  • Kentucky – 1 year for standard personal injury claims (2 years for claims involving vehicle) accidents
  • Louisiana – 1 year
  • Maine – 6 years
  • Maryland – 3 years
  • Massachusetts – 3 years
  • Michigan – 3 years for standard personal injury claims (1 year for personal injury protection) claims
  • Minnesota – 2 years
  • Mississippi – 3 years
  • Missouri – 5 years
  • Montana – 3 years
  • Nebraska – 4 years
  • Nevada – 2 years
  • New Hampshire – 3 years
  • New Jersey – 2 years
  • New Mexico – 3 years
  • New York – 3 years
  • North Carolina – 3 years
  • North Dakota – 6 years
  • Ohio – 2 years
  • Oklahoma – 2 years
  • Oregon – 2 years
  • Pennsylvania – 2 years
  • Rhode Island – 3 years
  • South Carolina – 3 years
  • South Dakota – 3 years
  • Tennessee – 1 year
  • Texas – 2 years
  • Utah – 4 years
  • Vermont – 3 years
  • Virginia – 2 years
  • Washington – 3 years
  • West Virginia – 2 years
  • Wisconsin – 3 years
  • Wyoming – 4 years

As you can see, only three states have set their personal injury claim statute of limitations to less than two years. Louisiana and Tennessee are the only states that have set their statutes of limitations to one year for all kinds of personal injury claims. In California, Nevada, Texas, and most other states, the statute of limitations is set to two years for all kinds of personal injury lawsuits. Keep in mind that many states have shorter statute of limitations when you sue a governmental entity. Be sure to consult with a lawyer to confirm the statute of limitation on your case.

 

Is There a Statute of Limitations on Medical Malpractice Claims?

The law governing medical malpractice claims is slightly different because it is possible for some time to pass before the injury resulting from the malpractice is discovered. As a result, many states have set statute of limitations that may be based on the date of diagnosis instead of the date that actual the malpractice occurred. For example, in California a medical malpractice lawsuit must be filed one from the date that you knew or should have suspected the malpractice not to exceed three years from the date of the malpractice.

 

Is There a Statute of Limitations on Negligence Lawsuits?

Typically, the laws related to negligence lawsuits follow the same statute of limitations as personal injury claims. For example as personal injury claims are generally brought under a theory of negligence.  In California you have two years from the date of negligence to initiate a lawsuit against the negligent party. However, keep in mind that the longer you wait to initiate legal action, the greater the risk you have that the statute of limitations has expired.  Still, even if it has been one year and 11 months since the date of negligence, it is still worthwhile to pursue a lawsuit if you can prove that the other party was at fault.

 

Is There a Statute of Limitations on Wrongful Death Claims?

In most states, the statute of limitations for filing a wrongful death lawsuit follows the same general time frame as a typical personal injury lawsuit. That means the loved ones of the deceased, or the legal representatives they’ve elected, have two years (California) from the date of death to initiate a lawsuit against the allegedly responsible entities.

 

Is There a Statute of Limitations on Slip and Fall Claims?

As you might imagine, a slip and fall case falls under general personal injury claims, which means you’d have two years to file a claim in most states (see the list above for the exact statute of limitations in your state).

 

Is There a Statute of Limitations on Camp Lejeune Injury Claims?

Camp Lejeune represents a unique kind of personal injury case, so you might be wondering if the same statues of limitations apply to it since the event occurred across multiple decades from the mid-1950s to the late 1980s. Since the Camp Lejeune Justice Act (CLJA) was only passed in August of 2022, claimants have two years from the date the Act was passed to file a claim. That means the deadline for filing a lawsuit to obtain compensation for Camp Lejeune water contamination is August 10, 2024. Prior to the CLJA passing, residents of North Carolina and other states who had previously worked or lived at Camp Lejeune were not able to file claims against the government due to the state’s general three year statute of limitations on personal injury claims.

 

Still Not Sure If Too Much Time Has Passed Since Your Injury?

If you still have questions about whether you remain eligible to file a claim for compensation, try discussing your situation with a personal injury attorney during a free consultation. Call us at 877-557-4221 and let the brothers fight for you! It should only take 5-10 minutes or less to get a professional opinion on whether you should pursue a lawsuit based on a simple recollection of the events and a few questions about your supporting evidence and documentation.

What the Insurance Companies Don’t Want You to Know

When you purchase insurance for your car, in theory, the insurance company is there to help you as the policyholder if you get into an accident. If you are involved in a car accident or sustain a serious injury while driving, then you will need to file a claim with an insurance company in the hope of receiving compensation for any medical expenses you have incurred, loss of income due to not being able to work while you recover from the injuries, and pain and suffering.

Unfortunately, the truth is that insurance companies are more interested in making a profit than they are in helping you. For that reason, there are quite a few things that your insurance company doesn’t want you to know. If you were aware, then you’d be standing in the way of them making money!

So, what are some of the things that insurance companies would rather be kept a secret? Read on to find out more.

 

What You Say Can be Used Against You

After a car accident, your insurance company may ask you to provide a recorded statement addressing what happened and the damage that was done. However, you are under no legal obligation to do this, and it is recommended that you don’t unless you’re doing it with a personal injury or car accident attorney who can help you make sure that you are describing the accident in a way that does not incriminate yourself. In fact, even casual remarks that you make while talking with claims adjusters can be taken as formal statements – especially if you are speculating about whether or not the accident was your fault or describing your injuries. Because of this, it’s important to only stick to the basics when talking about your claim and consult a car accident attorney before giving any statements.

 

Insurance Adjusters are Great At Negotiating

After a car accident, you might simply want to get your money and move on with your life – and the claims adjuster will know this. They might pressure you to accept a settlement offer or even give you a deadline, telling you that you only have a few hours to accept or that this is the best offer that they can come up with. However, it’s best to avoid falling for these tactics and don’t accept the first offer you are given. If you are not confident when it comes to your negotiation skills to get a better offer, you have the right to seek outside counsel and hire a car accident lawyer to negotiate on your behalf.

 

Adjusters Might be Lying to You

Don’t assume that your insurance adjuster is always being truthful with you when it comes to talking about your claim. For example, they might use information that they know about you, such as existing health conditions to tell you that you are not going to be able to make a claim for the injuries you have suffered in the car accident. However, this is not always the truth. There are lots of things that insurance adjusters might say to you in the hope that you don’t know any better and to see if they can get away with it, which is why it’s always best to have an attorney liaise with them on your behalf.  Insurance adjusters are sales people. They want to sell your claim for the lowest price possible.

 

Claims Adjusters are There to Make Money

We’d all like to believe that the insurance company is there to help us. However, the truth is that most of them have the main goal of simply making money for the company. While the claims adjuster might seem like a nice and helpful person while you are speaking to them, their main job is to try and reduce your claim as much as possible, or even try to have it completely denied. Bear in mind that the insurance company does not make any money from helping you, and the claims adjuster works for them.

 

They Hire Doctors to Find Pre-Existing Injuries and Minimize Your Claim

If you allow your insurance company access to your medical records when you sign an authorization form, then they are going to use this to find as much information as possible to minimize your claim. To do this, they will often hire doctors who are there to look through your medical records to try and find any records of a pre-existing condition or injury that they can use to throw doubt on your claim. They might then use this to claim that your injury is not as severe as you say it is. Even if your own doctor is backing you up, the insurance company will hire their own doctors to try and contradict this.

 

They Don’t Want You to Hire a Lawyer

If you have been involved in a car accident, then the first thing you should do is hire a personal injury lawyer. However, your insurance company might want to try to convince you from doing this. They might tell you that hiring a lawyer isn’t worth the cost or that having an attorney is unlikely to help you get a better offer. In most cases, they are hoping that you don’t hire a lawyer so that they are less likely to have to pay out a decent settlement for your case, hoping that without legal counsel you may agree to a seriously low-ball offer just to get it over and done with. Don’t fall for it! Hire an experience personal injury attorney.

 

You Can Sue Insurance Companies for Unethical Practices

Any practices that act against the best interests of the policyholder are considered to be unethical insurance practices. Insurance companies should always act in accordance with accountability laws, but some assume you won’t know about them. A good lawyer will help ensure that your insurance company is held accountable if they act in a way that is against your best interests.

If you’ve been involved in a car accident, Karns & Karns Personal Injury & Accident Attorneys can help you make sure that you’re not falling foul of these insurance company practices. We can liaise with the insurance company on your behalf. Get in touch today for a free consultation and to find out more. Call Karns & Karns Personal Injury & Accident Attorneys now at 877-557-4221.

Process of a Personal Injury Claim in Nevada

When you are involved in an accident or another personal injury incident that has left you injured and in pain, it’s advisable to start the process of filing a personal injury claim as soon as possible. A Nevada personal injury lawyer is often the first lawyer that many people will hire. Along with this, a personal injury claim might be the first time that you have had to deal with an insurance adjuster or have to navigate the personal injury laws in Nevada.

The good news is that if you have been injured, then you don’t have to go through the claims process on your own. Working with one of the experienced personal injury lawyers at Karns & Karns Personal Injury & Accident Attorneys, you can have legal representation on your side to handle all the aspects of the claims process and communication with insurance companies so that you can better focus on getting your life back on track after the accident.

 

Personal Injury Claim Process in Nevada – What Steps Are Involved?

Typically, a personal injury claim will go through a certain process. In Nevada, the steps throughout the process of your personal injury claim will usually be the same in any area. Having a good understanding of the basics and the process that your personal injury case will go through can help the entire experience be a less stressful one for you and provide you with more information on what you can do to increase your chance of receiving a fair settlement offer.

 

Hire a Personal Injury Lawyer

The first recommended step in the process of filing your personal injury claim is to hire a good personal injury attorney with experience handling cases like yours. At Karns & Karns Personal Injury & Accident Attorneys, our experienced lawyers who are well-versed in all types of personal injury cases. Whether you have been involved in a slip and fall accident, an accident in an Uber, a car accident, a motorcycle accident, or some other accident, we have the skill and knowhow to handle any type of personal injury case.

You may want to do some research before finding the best personal injury attorney for you. You can use the State Bar of Nevada website to find out more about certain lawyers and research their disciplinary history. Be sure to read reviews and find out more about what other clients have to say about the lawyer.

Once you have some potential attorneys, come up with some questions that you can ask them. For example, you may want to know more about their record of settling cases vs going to trial, whether they have any special certifications that could help your case, what their experience is with handling cases like yours, how much they think your claim is worth, if they see any potential problems with the case, and how you will be expected to communicate with them and their team.

 

Investigation

The next stage in the process is an investigation into the accident and injury, which will be conducted by your personal injury lawyer to help determine how you were injured. In Nevada, the person who files the claim also has the burden of proving that the injury was caused by the other party. You will need to prove that there was a legal duty of care that was breached, causing the injury in question. You will also need to prove any damages you have suffered as a result.

Your lawyer will gather evidence to prove fault and causation and establish the liability for your damages. Experts witnesses and other professionals may be hired to assist with this. Evidence can include photos and videos, accident reports, medical records, and expert opinions. Your employment records may also be used, along with the testimony of any witnesses to the accident.

 

Settlement Demand and Negotiations

Your lawyer will prepare a settlement demand letter to send to the defendant’s insurance company. This should include a description of how the accident or injury happened, the legal basis for why the other party is being held liable for your damages, a description of the injuries and damages you have suffered, and a demand for a specific compensation amount to settle the claim.

The insurance company can then either accept or decline the offer. In most cases, you can expect them to issue a counteroffer for less. This will then begin a back-and-forth negotiation process until both parties reach a settlement that they agree on.

 

Trial

If a settlement cannot be agreed upon, then your personal injury case may need to go to trial. In most cases, the trial will last a few days, and usually no longer than one week. The evidence will be presented in front of a jury, who will then deliberate and determine whether or not the other party is liable and if you are to be awarded compensation for your injury and damages.

 

Damages in a Personal Injury Case

A good Nevada personal injury lawyer will pursue all damages that are available for your case. This is one reason why hiring an attorney is always advised, as representing yourself could mean that you receive less than your claim is worth if you’re not aware of all the damages you are entitled to. In general, most victims can receive compensation for economic damages, which include medical bills, out-of-pocket expenses, personal care, physical therapy, nursing care, loss of income, and diminished earning potential. Along with this, victims may also be eligible for compensation for non-economic damages or pain and suffering, which could include emotional distress, mental health, physical discomfort, scarring and disfigurement, loss of quality of life or enjoyment of life, and disabilities and impairments.

If you have been injured in an accident through no fault of your own, here at Karns & Karns Personal Injury & Accident Attorneys, we are here to help you get the process of a Nevada personal injury claim to recover compensation started as soon as possible. Get in touch today for a free consultation. Call us today at 877-557-4221.