How Long Do You Have to File a Personal Injury Claim in Nevada?

Personal Injury Attorneys » Personal Injury Claims » Time to File a Personal Injury Claim

woman with a personal injury filing a claim

When an accident occurs and you’re left with unpaid medical bills and property damage, you may wonder what your options are to get justice. Filing a personal injury claim against the responsible party can help you get fair compensation for your damages after an accident. However, there is a time limit to when you can bring this legal claim for monetary relief.

Our personal injury attorneys Las Vegas team shares what you need to know about the statute of limitations in Nevada.

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    The window of time a person has to bring a lawsuit is called the “statute of limitations.” In personal injury cases, that statute of limitations applies a time limit to how long an accident victim can file a claim to recover for their losses.

    The statute of limitations is the amount of time you have to file your claim, not to resolve it. As long as your court documents are filed before the time period runs out, you will have the option to prepare your case if a lawsuit is necessary to obtain compensation for your injuries.

    Every state has its own law on statute of limitations on different civil legal proceedings. For most personal injury lawsuits, the accident victim has two years from the date of the injury1 to file a claim. The two-year statute of limitations includes wrongful death claims. This means surviving family members have two years from the time of the loved one’s death to file a wrongful death claim.

    However, there are some exceptions in which the statute of limitations is different. For example, medical malpractice victims have three years to file a claim from the date the negligence occurred or one year from the date the injury was or should have been discovered. Also, if the accident involved a minor or a mentally disabled person, the deadline to file a legal action may vary.

    The general Nevada statute of limitations includes:

    • 2 Years – Personal Injury Due to Negligence
    • 2 Years – Wrongful Death
    • 3 Years – Medical Malpractice
    • 3 Years – Property Damage
    • 4 Years – Product Liability

    The time limit to bring a personal injury lawsuit varies from state to state. In Nevada, an accident victim generally has two years to file a legal claim for compensation. If you were hurt and suffered damages after an accident due to another person’s negligence, it’s vital that you don’t wait too long to file your claim. After the statute of limitations expires, you forfeit your right to sue the responsible party.

    Don’t miss the deadline to file your claim.
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    The timeline for every personal injury case differs depending on several factors, including the time it takes to:

    • File the appropriate documents
    • Investigate the accident
    • Release medical records
    • Speak with witnesses
    • Complete the discovery rule process

    The fact is that most personal injury claims, such as car accident claims or trucking accident claims, don’t go to trial. They are usually settled outside of court by negotiations between the attorneys and the insurance company. However, when your claim does go to court, it can take anywhere from a couple of months to a year or more.

    attorney at court for a personal injury case

    The purpose behind statutes of limitations is to ensure that the legal system is fair. When too much time passes, there could be a lack of evidence necessary to disprove the claim against the defendant. Because the burden of proof is lower in civil cases, it’s important to make the process as fair as possible.

    Also, an accident victim with a legitimate claim should presumably pursue their case with reasonable diligence if their damages were significant. Waiting beyond the statute of limitations to file a claim means the claim wasn’t a valid cause of action.

    According to the National Foundation for Credit Counseling (NFCC)2, medical bills are typically considered debt and a written contract. The statute of limitations on written contracts can range anywhere from three to 10 years, depending on the state. In Nevada, a creditor has six years to collect on medical debt.

    In many states, when a debtor makes a payment, it effectively extends the statute of limitations on that debt. However, a new Nevada law3 was passed during the 81st legislative session specifying that, “any “voluntary payment” by a “medical debtor” to a collection agency shall not extend the applicable statute of limitations for that debt.”

    If you have unpaid medical bills due to injuries after an accident, contact our team of personal injury lawyers for legal advice and to see if you qualify to bring a claim. You may be entitled to compensation for your damages, including medical bills. Remember, there is a limited time to file your claim.

    There is a legal process to filing a personal injury lawsuit. These steps include:

    1. Determining if the insurance companies will cover your damages
    2. Speaking to an experienced injury attorney to see if you have a case
    3. Filing your summons and complaint documents with the court
    4. Serving the defendant with the summons and complaint
    5. Being aware of the statute of limitations and filing before it expires

    Most accident victims do not have legal experience, which makes the process of filing a personal injury claim confusing and stressful. Working with a skilled lawyer who understands the law can help you effectively fight for your rights and get the maximum compensation for your injuries and suffering.

    You’re not alone. Let our personal injury attorneys help you get the compensation you need and deserve.
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    If you intend to file a lawsuit, it may benefit you to reach out to an experienced personal injury attorney. Statistics have shown that accident victims who do not have legal counsel are more likely to receive lower settlement offers than those who have an attorney to negotiate a settlement on their behalf.

    Some important tasks an attorney can do to help you win your case are:

    • Locate potential witnesses
    • Interview eyewitnesses
    • Obtain police reports
    • Speak with medical experts
    • Negotiate a settlement with your insurance company
    • File your lawsuit in court
    • Represent you during a trial

    Being injured is never an easy thing, but there is help available. If you have been hurt due to another person’s negligence in Nevada, contact a personal injury attorney as soon as possible. Do not wait until the statute of limitations runs out.

    attorney shaking hands with personal injury client

    Call (702) 382-0000 for a Free Consultation

    Sources:

    1NRS 11.190

    2Nagle, C. (3 June 2021). What is the Statute of Limitations for Medical Debt? National Foundation for Credit Counseling (NFCC). Retrieved 15 June 2022.

    3The Association of Credit and Collection Professionals (ACA). (24 June 2021). Medical Debt Collection Bill Takes Effect July 1 in Nevada. Retrieved 15 June 2022.

    Adam S. Kutner

    Adam S. Kutner Personal Injury Lawyer

    With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.

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