If you have been harmed in an accident, the consequences can be devastating, and you can be left dealing with significant injuries that take a long time to heal. However, if an accident results in catastrophic injuries, the whole situation can become that much direr, especially since a catastrophic injury generally means that you are essentially losing a vital part of yourself, whether that is the ability to walk, form a thought, or even a limb.
For these reasons, following a catastrophic injury accident in Nevada, it is important to take action fast, not only because these accidents often lead to astronomical medical expenses, but also because the time to file these cases is limited, and waiting too long can impact your ability to fight for the money you need.
The Statute of Limitations Following a Catastrophic Injury Accident in Nevada
The statute of limitations to file a personal injury claim following a catastrophic injury accident is two years from the accident’s date. However, depending on the circumstances of the accident, there may be certain exceptions to this rule that can impact this filing period, such as if the statute of limitations has to be suspended or “tolled.”
For instance, if a child sustained a catastrophic injury in a Nevada accident, the state’s statute of limitations will usually be tolled while the victim is under the age of 18. This tolling acts as a type of legal “time-out,” where the clock will not start running until the child turns 18. In addition, this time period can also be tolled when the court finds the victim to be mentally incompetent, at which point the statute of limitations will be paused until the victim is no longer deemed disabled.
As you can see, when it comes to determining how much time you have to file your claim following a catastrophic injury accident in Nevada, the process may not be as straightforward as you would expect. For these reasons, following your catastrophic injury accident, it is recommended you work with an experienced Nevada accident attorney who can not only help you figure out how much time you have to file your case but can also ensure that the required legal documents and motions are filed with the appropriate court before time runs out.
Facts You Should Know About the Statute of Limitations
The statute of limitations is a term used to define a law passed by a legislative body that mandates the maximum amount of time after an accident or alleged offense that an individual has to file a legal suit. If these individuals do not file their claim within that allotted period of time, they can be barred from pursuing legal action to obtain the money they need for their losses and injuries after the accident.
It is also important to note that the statute of limitations will vary from case to case and differ depending on the state where you file your claim.
What Happens When You Run Out of Time to File Your Case?
In most instances, if you do not file your claim before the statute of limitations expires, the other party will likely file a motion with the court to dismiss the case. If approved, this motion can prevent you from going after the money you need, as well as bar you from refilling your case. However, not all hope is lost in these situations.
According to Nevada’s discovery rule, this statute of limitations may be extended depending on the facts of the case. For instance, if a victim did not know they suffered an injury following an accident, the discovery rule may be used to extend the statute of limitations to begin on the date that the injured person discovered their injury and their ability to file a claim.
Yet, although most people may not think this exception applies to a catastrophic injury since this type of trauma is often visible right after an accident, it, in fact, may. This is because there are some types of catastrophic injuries that do not manifest right away, but rather it can take weeks for symptoms to show up. This is common in:
- Traumatic Brain Injuries (TBI)
- Internal bleeding and bruising
- Spinal cord injuries
As a result, under this discovery rule, a victim will still have two years to file their claim, but this time period will not start running until the victim discovers their injury or should have reasonably discovered it.
How an Experienced Nevada Catastrophic Injury Accident Lawyer Can Help You with Your Legal Case
Dealing with a catastrophic injury due to another person’s wrongful actions is bad enough. Finding out that you ran out of time to file a legal claim following this accident can be devastating. That is why, if you were involved in a catastrophic injury accident in Nevada, do not wait to reach out to an experienced Nevada Catastrophic injury accident lawyer.
Once these attorneys are hired, they can:
- Determine if you have a viable legal claim.
- Investigate your catastrophic injury accident and gather the evidence needed to show fault and damages.
- Ensure that your case is filed before time expires.
- Negotiate with the other side and fight to maximize your settlement offer.
- Head to court if the other side is unwilling to provide you the money you need and fight for the maximum damages you are entitled to.
Contact Pacific West Injury Law Today and Seek the Justice You Deserve
If you or a loved one has sustained a catastrophic injury in an accident, remember, time is of the essence. That is why do not wait to reach out to a knowledgeable and skilled legal professional. Instead, contact Pacific West Injury Law today for a free case consultation.