Statutes of limitations regulate the time a potential plaintiff has to initiate a legal claim.
Statutes of limitations are state procedural rules that strictly limit legal actions based on time.
Once a statute of limitations expires, a plaintiff cannot file a legal claim, regardless of its underlying merits.
Statute Of Limitations For Filing A Personal Injury Lawsuit In Nevada
If you are injured in Nevada due to someone else’s error or negligence, you have limited time to file a personal injury lawsuit.
The personal injury statute of limitations in Nevada is two years. This means you have two years from the date of the injury to file a lawsuit.
The statute of limitations makes it clear that time is of the essence when you have suffered an injury. You only have a little time to gather evidence, consider legal options, and decide whether or not filing a claim is worth it.
Though it might seem harsh, there are various sound reasons for having statutes of limitation. It encourages aggrieved parties to bring their claims to court as quickly as possible. This helps the legal system to function more efficiently and prevents the already overburdened system from becoming clogged with more old cases.
Personal injury claims must be filed at the earliest as these cases rely heavily on witness statements. After a few weeks, witnesses tend to forget details about the accident.
Evidence can easily get destroyed or lost and weaken over time.
It is in the plaintiff’s best interests to enlist the services of an experienced Las Vegas personal injury lawyer after an injury to safeguard their right to seek financial recovery.
When Does the Statute of Limitations Begin In Nevada?
In most Nevada personal injury claims, the statute of limitations begins from the day you were injured. Usually, this is the day the accident occurred.
For example, if you slipped on freshly laid flooring at a Las Vegas casino or in a puddle of water at your local shopping mall and injured yourself from falling, the statute of limitations would typically begin running from the day the accident occurred.
Exceptions To The Statute Of Limitations
The Discovery Rule
Some injuries take days or even weeks to appear. In certain situations, a life-threatening injury could worsen in subsequent weeks before a person realizes the issue originated from the accident. Specific catastrophic injuries can cause damage to internal organs, which can sometimes take time to be detected. People can also mistake a symptom for a minor ailment.
The discovery rule allows the statute of limitations to begin when the injured person discovers their injury.
Under the discovery rule, the two-year statute of limitations still applies. However, it does not begin until the victim discovers the injury or should have reasonably discovered it.
Tolling of Nevada Statutes of Limitations
The Nevada statute of limitations is usually tolled when the victim is a minor under 18 or is found mentally incompetent by the court.
Nevada law recognizes that minors are not as capable of evaluating their legal options and understanding that they may have the right to sue for injuries. As a result, the law typically deducts the time the injured person spends as a minor when calculating the statute of limitations. However, once an injured party reaches the age of majority, the time will begin to run on their cause of action.
The time limit to file a lawsuit in Nevada does not run while the defendant is outside of Nevada.
If an injured party is dealing with mental health issues and is unable to adequately assess his or her legal options, the statute of limitations will be suspended during this time.
However, once the victim regains mental capacity, the time in the statute of limitation will continue to run, so it is essential at this point to quickly engage an attorney to preserve rights.
Contact A Las Vegas Personal Injury Lawyer Before The Statute Of Limitations runs Out.
A personal injury attorney can guide you through your injury lawsuit and work on resolving it quickly and effectively. But if you believe you need an exception to the statute of limitations, you will need expert legal guidance.
Pacific West Injury Law understands the legal issues involved with statutes of limitations and can prepare the most persuasive arguments to serve the interests of our clients.
Our team of skillful and knowledgeable personal injury lawyers can guide you through the extension application or submit the required information for tolling or suspension consideration.
Although courts are often strict regarding enforcing statutes of limitations, there are certain exceptions to a statute of limitations. Our law firm has significant experience dealing with exceptions to a statute of limitations on behalf of plaintiffs.
If you or a loved one has been injured due to someone else’s carelessness or negligence in Las Vegas, Henderson, or North Las Vegas, you deserve to be adequately compensated for the injuries suffered and other damages.
Call an experienced personal injury lawyer at Pacific West Injury Law for a free case evaluation.