In Nevada, a car accident victim and any other victim of a personal injury accident have two years under the state’s statute of limitations to file a lawsuit against a party they believe is responsible for the damages they sustain. The two-year period begins to run on the date the injuries occur, which is the date of the motor vehicle collision.
During this time, the victim must make certain they file legal action against any party they believe is responsible. All parties that are believed to be defendants in the case must be named in the action to abide by the statute of limitations. Failure to name a party will exclude them from your case if the statute of limitations expires before you include them in your suit.
What Happens If You Do Not Stay Within the Statute of Limitations?
A statute of limitations is a law enacted by each state that provides victims notice of the timeline in which they must choose whether or not to move forward with legal action for damages from the parties they consider to be at fault for the car accident. Where an accident takes place can greatly influence the length of time you have to choose to file a lawsuit. The range of statutes of limitations is quite different from state to state.
Failure to stay within Nevada’s statute of limitations will likely eliminate your right to compensation. Fault, the severity of your injuries, and other damages do not matter and are not considered if you are outside the window of two years of the statute of limitations for car accidents in Nevada. If you wait too long to file a suit in civil court for the recovery of your damages, the court will bar you from seeking compensation if you have passed the two-year timeframe.
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Can Anything Extend the Statute of Limitations?
In rare situations, it may be possible for an attorney to ask the court to extend the statute of limitations in certain extenuating circumstances. These are not the norm and there is a great risk of waiting too long to seek compensation, as it is possible that even if you believe you fall under an exception that the court denies your request and you will have no other option for recovery.
Situations that may lengthen the two-year statute of limitations in Nevada include:
- The discovery of new injuries after the accident
- The plaintiff being a minor
- The plaintiff being mentally incapacitated
Ways to Avoid Violating the Statute of Limitations in Nevada
The easiest and most direct way to avoid violation of Nevada’s two-year statute of limitations is taking action immediately after an accident. Do not hesitate or wait to see what happens in your recovery or how much your losses will be. Seek a Nevada car accident lawyer as soon as you possibly can after a motor vehicle accident.
Do Not Delay in Contacting a Nevada Car Accident Attorney
Once you contact an attorney to represent you in your car accident case, they will take note of the date of your accident. They will take swift action to build your claim and case and keep the date of the expiration of your statute of limitations as they progress forward in your case.
An attorney will not only help you stay within the statute of limitations but will protect your rights and represent your interests against all parties to your car accident case. A car accident lawyer will work with you to fight for the money you deserve following a preventable automobile collision that occurs because of another party’s negligence.
A motor vehicle accident attorney will help you with the following actions in your case:
- Evaluating the facts and parties to the case
- Collecting evidence
- Filing an insurance claim and lawsuit if needed
- Calculating your losses
- Negotiating a settlement
- Representing you throughout your case
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Stay on Top of Your Case to Keep Track of Your Progress
A professional and knowledgeable personal injury attorney will take the lead on your case and you will have little to worry about in terms of nuances and statutory limitations. However, if you want to make absolutely certain that your case remains within the statute of limitations, you should remain in the loop on all aspects of your case. Make certain to answer calls from your attorney’s office, return messages, and cooperate as required to allow your case to progress as quickly as possible.
You can easily estimate the statute of limitations by counting down the time from the date of your accident. You should not wait until the last possible moment to file a lawsuit against the parties responsible. It takes time to build and prepare the filing of a lawsuit and to negotiate alternative resolutions.
Resolving Your Case Outside of Court Before the Statute of Limitations Expires
Your attorney may not immediately file a lawsuit. The reality is that most car accident attorneys will first help you to try and resolve your injury claim through insurance coverage. An easy way to avoid the statute of limitations is to reach a settlement out of court.
If a car accident lawyer can assist you in reaching a settlement that satisfies you and your damages after a car accident, you need not worry about the statute of limitations once an offer is accepted and paid. However, if your case shows indications that a settlement will not be possible, and the intervention of a court is likely, the attorney will file suit as soon as this becomes apparent.
Contact a Car Accident Attorney in Nevada ASAP
If you or a family member are in a motor vehicle collision in Nevada, and you sustain injuries or losses, you may have a legal basis to file a suit against the party or parties responsible. Call a Nevada car accident lawyer to discuss your case with a free case consultation.