How Long Do I Have to File a Catastrophic Personal Injury Claim?

Have you suffered catastrophic harm as a result of someone else’s fault? You can seek justice and claim financial compensation to help you manage your injury and its direct and indirect effects on your life. However, there is a time limit to filing a catastrophic personal injury claim in Nevada. 

Nevada state law is clear about how and when catastrophic personal injury claims should be filed. But the process can be confusing for people without a legal background. Fortunately, we can help you get justice and compensation for your injuries and damages. Our lawyers are talented, experienced, and ready to help. 

What Qualifies As a Catastrophic Personal Injury in Nevada?

A catastrophic personal injury is an injury that is so severe that it results in long-term debilitation and disability. Some of the common types of catastrophic personal injuries include: 

• Head and brain injuries
• Severe burns 
• Spinal cord injuries 
• Organ damage 
• Loss of eyesight 
• Amputations 

Most catastrophic  injuries result from accidents of varying nature, including road and workplace accidents. Additionally, most of these injuries are either long-term or permanent and require continuous medical care to treat or manage. Unfortunately, such accidents limit a person’s ability to work while also increasing their financial needs. 

Nevada’s Statute of Limitations for Personal Injuries

For most personal injury claims, Nevada provides victims with two years to file a claim under its statute of limitations in NRS § 11.190. However, not all personal injury cases are the same, and some cases have longer time periods. Examples include:

• Product liability – four years
• Construction defect – six years
• Medical malpractice – three years from the date of the negligent act occurring (but one year from the date the injury was discovered or should have been discovered)

Catastrophic injuries can occur in numerous circumstances, including situations of product liability, construction defects, and medical malpractice, among others.

Are There Exemptions to Nevada’s Statute of Limitations?

Yes, there are certain exemptions to Nevada’s statute of limitations for catastrophic personal injury claims. Here is an overview of some of the circumstances and situations that may warrant an exemption: 

• The plaintiff was under the age of 18 at the time of sustaining the catastrophic personal injury 
• The plaintiff either didn’t realize that they were injured or didn’t know the defendant’s fault in the injury at the time 
• The defendant was out of state at the time of the statute’s expiration 
• The defendant is a citizen of a country that is at war with the United States 
• The plaintiff died within the two-year period (in this case, the decedent’s estate has an additional year to file the claim) 
• There was malpractice involving an attorney or other professional involved in the case 

It is also worth noting that the two-year period doesn’t begin until you realize that you are injured. This means that you can file the claim ten years later, but only as long as you found out about the injury within the last two years. 

Can I Still Sue If I Am Partly to Blame for the Accident?

Yes, you can still sue for compensation if you are partly to blame for the circumstances leading up to the accident. However, this depends on the extent of your fault, and it has implications for the amount awarded as compensation. 

Cases in which both parties are partly to blame for catastrophic personal injury are resolved under the comparative negligence rule. This entails determining the degree to which each party is to blame for the injury. 

So, suppose the court finds that your fault for the catastrophic personal injury is 10% and awards you $100,000 in compensation. 10% of the compensation amount ($10,000) will be deducted to cover your part of the fault. 

How Much Can I Get in Compensation for a Catastrophic Personal Injury?

The amount of money that you will be awarded as compensation will depend on several factors. The greatest factor taken under consideration during trial is your catastrophic injury’s severity. As explained earlier, catastrophic injuries are severe – as such, your claim may warrant large compensation. 

Other notable factors considered when determining a fair compensation amount include expenses related to the catastrophic injury, either directly or indirectly. These expenses include: 

• Medical treatment 
• Mobility aids and other assistive devices 
• Lost wages and pensions 
• Counseling 
• Structural adjustments to the home, car, and other personal property 

Additionally, you are warranted compensation for intangible damages. Intangible damages include physical and emotional pain and suffering, strained relations, and emotional distress. Your attorney’s main goal is to get you the biggest compensation award possible. 

How Long Will the Catastrophic Personal Injury Claim Take to Resolve?

Most catastrophic personal injury claims take between one and three years to resolve. And many of these cases end up being settled out of court. 

However, claims can drag on for longer than five years if one or both parties opt to go to trial. Additionally, going to trial increases the cost of legal services. Fortunately, you can get a much higher award from a court verdict than from an out-of-court settlement. 

Do I Need a Lawyer to File a Catastrophic Personal Injury Claim in Nevada?

Yes, you will need the services of a personal injury lawyer if you wish to maximize the likelihood of winning your case. As mentioned earlier, the law regarding personal injury cases in Nevada is clear but also complex. As such, someone without a legal background may have difficulty navigating the legal system and proving their case. 

A personal injury attorney offers a range of services and benefits, including: 

• Preparing the paperwork required to file a catastrophic personal injury claim 
• Collecting the necessary evidence to prove the defendant was at fault for your catastrophic personal injury 
• Presenting your case in court and making arguments in your favor 
• Handling negotiations with the defendant and their lawyers 
• Representing you in court for every motion (attending every motion may be difficult when you are in pain or disabled) 

However, it is important to get a competent personal injury attorney who will have your best interests at heart. Fortunately, you don’t have to look further than Pacific West Injury Law for the best catastrophic personal injury lawyer in Las Vegas. 

Let Us Help With Your Catastrophic Personal Injury Claim

Have you (or a friend or loved one) sustained a catastrophic injury because of someone else’s fault? You deserve justice and compensation, and Pacific West Injury Law can help you get it. We have more than seven years of experience in the field and an impressive winning streak to show for it. 

We’ll ensure that you know how long you have to file your catastrophic personal injury claim and make sure it gets filed on time. Call us or contact us online to learn more about how we can help.