Being involved in a car accident can be a traumatic event that can lead to severe injuries and even fatalities. Anyone involved in one or whose family member passes away following one has the right to file a claim or sue for compensation. However, it is important to keep the statute of limitations in mind. Working with experienced motor vehicle accident lawyers should help you avoid missing this important deadline.
What is a Statute of Limitations?
A statute of limitations is a law that places a timeline for filing different types of lawsuits. It differs in each type of suit and in each state. The statute of limitations provides the timeframe within which a person can start legal proceedings. However, it doesn’t say how long these proceedings should take because each case is unique.
So, what is the time limit to sue for a car accident in Nevada?
Statute of Limitations for Car Accidents in Nevada
Nevada Revised Statute 11.190 indicates that the statute of limitations for car accidents is two years after the incident. However, some exceptions apply that you should know about. Some exceptions can be complicated, so it is better to consult with a qualified Las Vegas car accident lawyer to better understand them and see how best to navigate them.
Time Limits for Victims Who are Minors
Nevada has an exception for car accident victims below the age of 18. The law states that they must wait until they turn 18 to file a claim against the other party. The victim then has two years to file, unless other exceptions apply.
In some cases, the victim might be so young that they would have to wait many years to file, or there may be other situations that necessitate a speedy filing. In such cases, the parents or legal guardians can work with the best car accident attorneys to ask the court for approval to file on behalf of a minor.
If the court approves, the suit can continue as normal. However, the minor loses the ability to sue the at-fault party again once they turn 18 if the court grants this approval.
Property Damage
There is a separate exception for property damage following a car accident. Nevada law gives you three years to file a property damage claim. This includes damage to vehicles, motorcycles, or any other property.
Delayed Symptoms
Many people think that filing a suit immediately is a great option. It can be, depending on the damages, but it is not always the best. Why? Because of delayed symptoms.
Many injuries do not show symptoms until a few days, weeks, or months after the accident. Latent injuries like back, spinal, and traumatic brain injuries might now show up until long after the accident. If you have already filed, it might be difficult for your car accident injury lawyer to work in additional compensation due to the new symptoms.
For this reason, Nevada law allows for the statutes of limitations to start when you discover the symptoms. To qualify for this exception, you have to see a doctor, and they have to sign off on your injuries. They must also start treating you.
Tolling in Nevada
As in many other states, tolling is a situation where the court halts the statute of limitations countdown for some reason. The most common one is when the victim is a minor as discussed above.
The other is if the victim is incapacitated or unable to represent themselves adequately. This can be a result of the accident or for any other reason. If the person passes away, that turns into a wrongful death case and the family has to contact a wrongful death attorney in Nevada to help them navigate this type of case, file a claim, or even sue if the situation calls for it.
Judges can also apply tolling after the statutes of limitations have lapsed. This can happen if the judge ruled on or dismissed a case due to the lapse of the statute of limitations without knowing tolling applies in the case.
If the victim or their family can produce evidence to show that tolling should apply, the judge will likely reverse their decision and allow the case to start at the appropriate time.
Also, victims and their families can modify existing or prior claims due to new information. For example, new medical discoveries can show the severity of their injuries is much worse than they thought. A family can also demonstrate that new medical and research advances show the injuries to or death of a loved one stemmed from a defendant’s actions, where previously they could not prove that.
Exceeding the Statute of Limitations
The law is very clear on this so the courts are very strict about it. Unless some exceptions or circumstances could or are causing the statute of limitation to be extended, filing after the deadline will lead to your case being thrown out.
This is why you must hire a personal injury lawyer Las Vegas as soon as possible. They will help you gather the evidence you need to make your case stronger, find experts and witnesses to support your claim, and file in time to ensure you do not run out of time.
You can consult with our attorneys at Karns & Karns Personal Injury and Accident Attorneys so we can help you build your case and file on time. You can reach us through our website or call us at 800-4THE-WIN (800-484-3946) for a free consultation.
Car accidents can be devastating because they can lead to injuries and the death of loved ones. Nevada law allows you to sue for compensation for damages and wrongful death, but only gives you a small window within which to do so. This is known as the statute of limitations.
You should work closely with your personal injury accident lawyer to strengthen your case as much as possible while ensuring you file on time. Our attorneys at Karns & Karns Personal Injury and Accident Attorneys are standing by to help by offering a free consultation and case analysis. We will also help you file on time to ensure you do not exceed the statute of limitations.
