Each state has its own specific laws that govern personal injury lawsuits and insurance settlements. If you have been in a car accident and are planning on filing a personal injury claim against an at-fault driver or settle a claim with an insurance company, you should be aware of these laws.
Time Limits for Nevada Personal Injury Lawsuits
Nevada law sets a limit on how much time you have to file a personal injury lawsuit against another party in state court. Generally, you have two years after the date of an accident to file a claim in Nevada state court. This is known as a “statute of limitations.”
A statute of limitations is important because it is the latest time you are allowed to file a lawsuit. If you try to file your lawsuit after that two-year deadline has passed, a court will most likely refuse to hear your case.
This two-year deadline applies to most personal injury cases; however, there are some cases where the timeline is different. Other timelines that may apply include:
- 4 years for Product Liability
- 3 years for Property Damage
- 2 years for Wrongful Death
There are also other laws that apply to certain very specific situations. For example, a claim for malpractice against a medical provider must be brought within three years after the damage has been done or one year after the victim discovers it or should have discovered it through reasonable diligence. (See NRS 41A.097 for more details.) For a full description of the different statutes of limitations that apply in Nevada, see Nevada Revised Statutes Section 11.190.
There are also some situations that may extend or “toll” the statute of limitations. The most common exception to the medical malpractice statute of limitations deadline in Nevada happens when the defendant doctor or health care provider “conceal[s] any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known” to the defendant. In that case, the statute of limitations stops running for as long as the concealment of the alleged malpractice continues.
Experienced Las Vegas Personal Injury Lawyers
If you have been in a motor vehicle accident or have been injured because of the conduct of another, you should seek legal advice from an experienced personal injury lawyer who can help you protect your rights.