A statute of limitations refer to legislative acts that limit the time frame for filing a lawsuit. The Nevada statute of limitations, just like in other states, serves to protect people against stale claims. It ensures that plaintiffs file their claims while evidence is still available, memory is fresh, and witnesses are available.
However, each state has different laws surrounding these statues. Keep on reading to learn more!
Types of Personal Injury Cases Filed
The Nevada statute of limitation covers a variety of scenarios in which a plaintiff may get hurt. However, some find their way to court while others don’t. Some examples of these cases include:
- Car accidents
- Motorcycle accidents
- Medical malpractice
- Dog Bites
- Slip and fall accidents
- Commercial vehicle accidents
The statute of limitations provides different time frames for all these types of cases. Let’s have a look car accident claims which are more rampant. More than one statute of limitation could apply to a situation depending on several factors.
Car Accident Claims
It’s essential to understand how the Nevada statute of limitation affects your claim. One category of personal injury claims affected by the restrictions is car injuries claims. The Nevada statute of limitations issues a two-year statute to pursue a claim.
The statute of limitation recommends that you pursue claims right on the date of the accident. However, you have up to two years to file a claim against the defendant. In the case that your car got damaged in the crash, a separate Nevada Statute of limitations applies.
It gives you up to three years to file a claim against the other party.
Car Accidents Involving Minors
When a minor is involved, the law requires them to wait until they turn 18 to file a claim. From the date they turn 18, Nevada statute of limitation allows them a two-year limit to file the claim.
Alternatively, the parents of the minor may file a claim on behalf of the minor. This only happens upon approval by the court. In such a case, the minor loses their right to file a complaint when they turn 18.
Injury Claims Against the Government
Sometimes, you may incur an accident as a result of negligence by a government employee or agency. In such a case, you still have to observe the Nevada statute of limitation. The procedure may, however, slightly differ from when you file against private parties.
Instead of filing your claim in court, you’ll have to register it in the Office of the Attorney General first.
Types of Personal Injuries
From all the above types of accidents covered under Nevada Statute of limitations, one can sustain different types of injuries. These include
- Spinal cord injuries
- Severed limbs
- Broken bones
- Burns, crush injuries
- Facial lacerations
The extent of injuries can range from mild to debilitating. Several victims have been left disabled and unable to work.
Shared Fault in Injury Cases
When you’ve been hurt in an accident, it’s easy to hold the other person fully liable. In some cases, the jury may determine a shared responsibility in the underlying accident. This means that both the victim and the defendant are responsible for the damages or injuries.
In Nevada, this is known as the modified comparative fault rule. It aims at reducing or eliminating the amount of compensation the victim can receive. However, the jury takes into account the circumstances of the accident.
What’s an example of a shared fault in personal injury? It could be when the victim is hit by a car when crossing against the light. If the total damages for the accident amount to $10,000, the victim may forfeit part of the compensation.
The court determines the percentage that each part is responsible for. In this case, for example, the driver may only give 60% compensation.
In Nevada, you can only recover the reduced amount of damages only if you’re less than 50% at fault. If you’re more than 50% at fault, your award for damages drops to zero according to the law. You’ll be prohibited from collecting anything from the other party at fault.
In cases of shared fault, courts apply the comparative fault rule. Insurance adjusters mostly rely on this provision during settlement negotiations. Be prepared to hear about it even in an out-of-court settlement.
What Damages are Awarded?
Filing your injury claims according to the Nevada Statute of limitation improves your chances of being awarded. It may not be possible to tell exactly the damages you’ll be awarded. Generally, compensation in personal injury cases covers:
- Emergency room costs
- Lost wages
- Pain and suffering
- Doctors’ bills
- Costs of surgery
- Ambulance transport fees
- Mental anguish
- Cost of medical devices
- Speech, occupational, and physical therapy costs
Go for an attorney who’ll help you seek compensation for a lost source of income. This is if you became disabled after the accident. This type of settlement compensates you for the money you can no longer earn.
You may be able to go back to work but earn less than you did. In this case, claim partial settlement for future lost wages.
What Happens If You Miss the Statute of Limitations?
Note that any claim you make after the statute of limitation has passed will be unsuccessful. A defendant can ask the court to dismiss it if it’s filed after the two-year deadline. The court will most likely grant the defendant’s request.
Without much explanation, this clearly shows you why it’s essential to meet the deadlines. Regardless of what your claim is for, consult with your attorney to establish the actual timeline. They should help you make your claims in good time.
Nevada Statute of Limitations – Take Away
While filing a personal injury lawsuit, there’s a timeline to observe. This is known as the statute of limitation. A defendant has the right to ask the court to dismiss a claim filed after the time limit.
The Nevada statute of limitation takes into consideration several types of personal lawsuits and damages. However, the most commonly filed cases are car accidents. The law also allows you to file against the government, but the procedure differs slightly.
Before filing a personal injury lawsuit, ensure your claim is well within the statute of limitations. If you’re unsure about anything, your attorney will guide you through the process.
Do you have any questions about filing personal injury claims? Learn more by reading about Nevada accident attorneys or contact us today at (800) 674-7854.