In Nevada, the statute of limitations for personal injury claims is a critical aspect of pursuing legal action after an injury. The statute of limitations is a legal time limit within which you must file a lawsuit or risk losing your right to seek compensation. Understanding this time frame is crucial to ensuring your claim is not barred by time limitations. We at Kajioka & Associates Attorneys At Law would like to discuss the statute of limitations for personal injury claims in Nevada today.
What is the Statute of Limitations?
The statute of limitations is a legal deadline by which a plaintiff must file a lawsuit. This period varies depending on the type of claim and the jurisdiction. In Nevada, personal injury claims are governed by specific statutes that set these deadlines.
Time Limits for Personal Injury Claims in Nevada
In Nevada, the statute of limitations for personal injury claims is generally two years from the date of the injury or the date when the injury was discovered. This means you have two years from the incident that caused your injury, or from when you should have reasonably discovered the injury, to file a lawsuit.
Why is the Statute of Limitations Important?
Understanding and adhering to the statute of limitations is crucial because if you miss this deadline, you may be barred from pursuing your claim. The law aims to ensure that cases are brought in a timely manner while evidence is still fresh and witnesses’ memories are reliable. It also helps to provide a sense of finality to legal disputes.
Exceptions to the Standard Time Frame
There are exceptions and special rules that may alter the standard two-year period:
1) Discovery Rule: In cases where the injury is not immediately apparent, such as medical malpractice or exposure to toxic substances, the statute of limitations may start from the date the injury was discovered or should have been discovered with reasonable diligence.
2) Minor Plaintiffs: If the injured party is a minor (under 18 years old) at the time of the incident, the statute of limitations is generally tolled (paused) until the individual turns 18. This means that minors have until their 20th birthday to file a claim.
3) Government Entities: If your personal injury claim involves a government entity or employee, different rules apply. You may need to file a notice of claim within a specific period before filing a formal lawsuit. In Nevada, this notice must be filed within six months of the injury.
4) Tolling for Disability: If the injured party is mentally incapacitated or legally incompetent, the statute of limitations may be tolled. The period of disability is generally not counted against the statute of limitations.
Consequences of Missing the Deadline on Statue of Limitations
Failing to file a claim within the statutory period means that the court will likely dismiss your case, even if you have a valid claim. The defendant can use the expiration of the statute of limitations as a defense to argue that the claim is no longer valid. This is why it’s essential to act promptly and consult with a personal injury attorney as soon as possible after an incident.
Consulting an Attorney
Given the complexities and nuances associated with the statute of limitations, it is advisable to consult with an experienced personal injury attorney. An attorney can help ensure that you understand the deadlines applicable to your specific case, help gather evidence, and file your claim within the required timeframe.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
The statute of limitations for personal injury claims in Nevada is an important legal deadline that can significantly impact your ability to seek justice and compensation. By understanding these time limits and seeking prompt legal advice, you can better protect your rights and pursue the compensation you deserve. Call Kajioka & Associates Attorneys At Law today for a consultation if you are filing a personal injury complaint.
