There are specific statutes of limitations for personal injury claims arising from the negligent act of another. Failure to resolve your claim before the statute of limitation expires will result in you being forever barred from recovery.
What is a statute of limitations?
A statute of limitations is the period of time in which you can legally bring your claim for damages, including a claim for medical bills wage loss and pain and suffering. Every state has their own statute of limitations and the statute of limitations on negligence varies from state to state.
What is the Nevada statute of limitations for personal injury?
In Nevada, the statute of limitations for personal injury caused by negligence is two years from the date of the incident. It is the responsibility of the injured party to file a claim within the two-year period from the date of the accident or negligent act. You must settle your claims within two years of the negligent act or file a lawsuit within two years to preserve your claim.
What happens if i do not file a claim or lawsuit before the statute of limitations is expired?
In Nevada, an injured party has two years from the date of the incident, to either settle the claim or file a lawsuit to preserve the statute of limitations. If you fail to settle your claim and do not file a lawsuit within two years of the accident, your claim will be barred by the stature of limitations.
How do I file a personal injury claim in a timely manner?
If you are injured in a car accident, a slip and fall, or as a result of an individual or a company’s negligence, seek medical attention. After you have received initial treatment you should contact a personal injury lawyer. Most personal injury lawyers offer a free consultation where you can
discuss your case and receive professional advice on the merits of your claim.
If you choose to file a claim independently, you are responsible to know the law and you are held to the same standard as an attorney. Ignorance of the law, including the statute of limitations is not a defense and it will not preserve your right to bring a claim.
Are there exceptions that can extend the Nevada statute of limitations for personal injury claims?
Rare circumstances can toll the statute of limitations, stopping the clock and preserving your available time. These include:
- Discovery of a latent injury. When an injury is not immediately apparent, the statutory period might not begin until you discover you’ve been hurt.
- Injury to a child. Some states don’t start the statute period until a minor turns 18.
- A defendants unavailability. If a defendant is out of state, incarcerated, lost mental capacity, or has filed for bankruptcy, the statutory period may be put on hold until those circumstances are resolved.
An experienced attorney like Matt Dion can further explain Nevada’s statute of limitations based on the claim and how it applies to your personal injury case.
Many states like California, Georgia, Illinois, and New Jersey have a two-year filing deadline for personal injury cases. While others including Maryland, Massachusetts, Michigan, and New York have a three-year limits. In Nevada specifically, we have a two-year statute of limitations for personal injury.
