The legal time limit used to determine if you are allowed to pursue action on a personal injury case, such as a slip-&-fall, car accident, product liability or wrongful death varies and is legally referred to as the statute of limitations. These “time limits” vary from state to state, and by the type of injury you incur.
Some examples of Nevada’s statute of limitations on diverse types of injuries are:
- Personal Injury – Two years from the date that your injury occurred.
Medical Malpractice – Three years from the date the physicians’ negligent act or omission caused your injury or one year from the date the injury was discovered or may have been discovered in.
- Product Liability – Two years from the date your injury occurred.
- Wrongful Death – Two years from the date of your (or your loved ones’) death.
These are only a few examples, but there are more, and the statute may also vary with the type of injury you sustain. Some injuries manifest symptoms immediately, but others may take months or even years for significant symptoms to occur. Unfortunately, some of the more serious injuries, such as traumatic brain injury (TBI’s), or internal injuries may take longer to affect you to the point you become aware of them.
Also in Nevada personal injury cases, the statute of limitations usually begins on the date your accident caused your injury. There are, however, certain exceptions that could alter the statute of limitations deadline for specific types of personal injury claims.
The Nevada discovery rule states that in certain unique situations, you may not be aware immediately that you have suffered an injury. Even your initial check by ambulance personnel may check out fine. In these exceptional scenarios, the Nevada discovery rule may be used to extend the statute of limitations so that it begins on the date that you discover your injury and have the potential (and evidence) for filing a claim.
Under the Nevada discovery rule, the two-year statute of limitations still applies. but it does not begin until the date you discover your injury.
If you fail to file your personal injury lawsuit within the statute of limitations, you will lose your chance to recover compensation from the at-fault party that you rightfully deserve. If you are even considering filing for damages, the sooner you consult with an experienced Las Vegas personal injury lawyer, the better your chances to receive the compensation to recover, and legally are entitled to.
What is Tolling of Nevada Statute of Limitations Mean?
In certain situations, of which your personal injury lawyer will be aware, the statute of limitations concerning your specific injury can be tolled. This means that some specific thing has stopped the statute from running for a certain and limited period.
Usually, the statute of limitations may be tolled when the victim of the injury is a minor under the age of eighteen or is found to be mentally incompetent by the Nevada court. If the child is found to be mentally incompetent when their injury occurred, then the statute of limitations will be tolled until the date on which the child is deemed no longer disabled.
Included in Nevada’s personal injury laws, tolling will commonly apply in the following situations:
- In all personal injury cases excluding medical malpractice, if the injured party was a minor when they sustained their injury, the statute of limitations will not even begin until the victim turns 18 years of age.
- Regarding medical malpractice cases that include minors, the parents are typically responsible for filing the personal injury case within the stated statute of limitations on behalf of their child. In cases where the minor victim sustained brain damage or birth defects, a lawsuit could be filed at any time before the child’s 10th birthday. If the child’s injury causes them to be sterile, the personal injury lawsuit must be filed within two years of the date the injury is diagnosed.
What is Nevada’s “Statute of Repose”, and How Can It Affect My Filing My Claim?
Nevada’s statute of repose specifies a date after which you can no longer file a claim to pursue legal action or damages from the negligent or at-fault party.
The statute of repose is far stricter than Nevada’s usual statute of limitations as it does not allow any exceptions that might extend or delay the deadline to file your lawsuit. Your Las Vegas personal injury lawyer will be very diligent in filing your claim within this time. Sticking to this timetable is vital to your claim and your lawyer will most definitely be aware that if the date is passed your claim will be denied.
What May Happen If I Miss the Nevada Statute of Limitations on Filing My Case?
If for whatever reason, you pass any designated deadline to file your claim, the opposing attorney will certainly make this known to the court. The Nevada court may summarily dismiss your case on these grounds alone.
If this occurs, and no matter how severe your injuries are or how much proof you obtain that your injury was due to another person’s actions or negligence, you will have little or no chance to receive any compensation. This is another reason that you must consult with an experienced, professional, and empathetic Las Vegas personal injury lawyer as soon as possible. You see that these cases can be legally complex, but there are exceptions that a lawyer can use to extend Nevada’s statute of limitation deadlines. Your qualified and diligent personal injury lawyer may still have legal means to get you proper compensation by implementing these diverse options in your case thus allowing the case to proceed even if the deadline has passed.
I Do Need to File a Personal Injury Claim But May Have Passed the Deadline, How Should I Proceed?
When another person, or institution’s, carelessness has caused you significant injury in Nevada, you are entitled by law to damages for your injuries. It could cost you thousands of dollars in medical bills, lost wages, pain-&-suffering and more. Consulting with the experienced and professional lawyers at Precision Injury Law will most definitely give you the best chance (no matter what the circumstances) to get the financial help you need to recover fully. Call them first, and make sure your health, legal rights, and families finances are cared for and insured.