If you’re involved in a motorcycle accident, you should know there is a two-year statute of limitations for filing a motorcycle accident personal injury claim in the state of Nevada. Our lawyers at Pacific West Injury Law can fight to help you get maximum compensation for your damages. Contact us today to discuss your legal options.
What Is the Statute of Limitations for Motorcycle Accident Cases in Nevada?
The statute of limitations for motorcycle accident injury claims is 2 years from the date of the accident. This is true even if you develop medical issues later on. This two-year limit applies to the following liability claims:
- A negligence claim against the other driver if careless driving caused the accident,
- A negligence claim against the municipality or county for poorly maintained roads,
- A negligence claim against an employer for poorly maintaining the property,
- A strict product liability claim against a motorcycle part or motorcycle manufacturer for a defect that caused the accident, and/or
- A wrongful death claim if the victim passes away.
You must seek medical attention and collect evidence as soon as the accident happens. This way, if more serious injuries manifest later, you can rest easy knowing you’ve already filed a claim and given your attorney enough time to build a strong case. Some things you can do immediately following an accident include:
- Collecting names and insurance information
- Obtaining a police report to identify who was at fault
- Writing down your recollections of how the accident happened as soon as possible
- Taking photographs of any injuries
- Seeking medical treatment
- Hiring a lawyer
What Losses Can I Be Compensated For?
A personal injury claim can pay for economic losses and non-economic damages, such as pain and suffering, as a result of a motorcycle accident. The damages you can file a claim for are:
- Medical bills,
- Physical and occupational rehabilitation,
- Pain and suffering,
- Motorcycle repair bills
- Funeral expenses, and/or
- Lost wages
However, there may be some exceptions that apply under certain situations that will delay the start of the two-year statute of limitations, giving you more time to file a claim.
Exceptions to the Two-Year Statute of Limitations
Here are some circumstances that can delay the start date of the 2-year statute of limitations:
The Motorcycle Accident Discovery Rule
After the accident, you may be feeling fine and seemingly have no injuries, but you go and seek medical attention just to be sure. Exams and various tests are conducted but you have to wait for some time to get the results back, still not aware of any injuries.
Once you are made aware of the results and discover the types of injuries you have, the statute of limitations can be delayed to the day you were made aware of your injuries, as long as it’s within a reasonable period of time from the date of the accident.
The Victim’s Age
When the motorcycle accident victim is under the age of 18, a minor, this can also change the start of the statute of limitations. When a minor is a motorcycle accident victim, the start of the statute of limitations can be changed to the date of their 18th birthday, allowing them to file a motorcycle accident injury claim up to their 20th birthday.
The Victim’s Mental Competence
If a motorcycle accident victim receives a head injury from the accident that makes them mentally incapable of understanding what’s happening, the statute of limitations may be extended until they regain full mental capacity.
There may be circumstances in which full mental capacity is not restored for a long period of time, if at all. If the motorcycle accident victim is in a coma or has suffered brain damage due to the accident, there can be steps taken to file a personal claim on behalf of the victim.
How to File a Personal Injury Claim on Behalf of a Mentally Incapacitated Motorcycle Accident Victim
While the motorcycle accident victim may have long-term mental incompetence due to a coma or brain damage, the medical bills and other expenses keep piling up. In this case, a close family member or friend can step up to file a personal injury claim on behalf of the victim by either being named by a power of attorney or applying for guardianship.
Power of Attorney
Hopefully, there has been a power of attorney already established, naming the person who will assume the financial and personal responsibilities of the victim should the victim become incapacitated. This should make it easier for the person to gain approval as the victim’s guardian, making them able to file a personal injury claim on behalf of the victim.
Even if a power of attorney does not exist, someone can still apply to the courts to be the guardian of the victim, but this can be a little more complicated. A personal injury lawyer can help navigate the request for guardianship from the court system to avoid mistakes that will cause delays or denials.
Get Help with Your Motorcycle Accident Injury Claim Today
Getting into a motorcycle accident can leave you with thousands of dollars in debt and lasting physical and emotional injuries that can severely impact the way you live your life. However, if you don’t file a claim in the two years from the time of the incident, you may not get compensated.
You should not have to suffer due to a personal injury caused by the negligence of other parties. At Pacific West Injury Law, we have compassion for all victims of personal injury. We want to help you get fair compensation for your pain and damages. Contact us to schedule a free consultation about your personal injury case in Las Vegas and the surrounding areas.