After a slip-and-fall accident in Nevada, you need to file a claim before the statute of limitations runs out in order to seek compensation for your injuries. Nevada law allows a period of two years after the accident for the victim to file a claim.
If you suffered injuries in a slip-and-fall accident, working with an experienced Nevada injury lawyer can help you get a better idea of how to move forward with your claim.
What Is the Statute of Limitations in a Nevada Slip-and-Fall Claim?
The statute of limitations is the legal time limit by which you must file a claim in order to recover compensation for injuries you sustained in any type of accident, including a slip-and-fall accident. In Nevada, the statute of limitations allows two years for the injured party to file a claim.
Once the statute of limitations expires, the court will usually refuse to hear the claim, and you may no longer have the right to recover compensation for your injuries. For many victims, this can prove financially catastrophic.
Exceptions to Nevada’s Statute of Limitations
While the Nevada statute of limitations for slip-and-fall claims allows two years for victims to file a claim, some people, under specific circumstances, may have a longer or shorter period of time to file a claim.
In Nevada, the statute of limitations is tolled, or paused, until a child turns eighteen. A child injury victim who has suffered serious injuries in a slip-and-fall may have the right to file a claim for themselves after turning eighteen, and the extended statute of limitations gives the child time to make that decision independently, rather than having a parent make that decision on behalf of the child.
Tolling the Statute of Limitations
In some cases, you may have a legal or medical exception that will allow you to pause the clock on the statute of limitations. Once you begin proceedings on your injury claim, you have fulfilled your duty, and your lawyer can help you move forward confidently with your claim until you reach a resolution.
Why does the Statute of Limitations Matter?
If you attempt to file a lawsuit after the statute of limitations runs out, you may not have any right to compensation for the injuries you suffered in your slip-and-fall accident. That may mean:
- Inadequate funds to cover the cost of your medical bills
- Inability to seek compensation for the wages you lost after your accident
- A lack of funds to rebuild your life in the aftermath of serious slip-and-fall accident injuries
Slip-and-fall accidents can often result in unexpectedly serious injuries, including head injuries, back and neck injuries, and broken bones. A lack of compensation for those injuries can make it much more difficult for you to move forward after your accident, whether “moving forward” means extensive medical treatment and therapy or rebuilding your life around the limitations caused by serious injuries.
Contacting an Attorney After a Nevada Slip-and-Fall
You might have two years after a Nevada slip-and-fall to file an injury claim, but that does not necessarily mean that you should wait until the statute of limitations gets close to talk to a lawyer. When possible, you should contact a lawyer soon after the accident: ideally, within a few days.
You should contact an attorney if:
- You suffered any type of injury in a fall due to another party’s negligence.
- You discover slip-and-fall injuries well after the initial incident, which could make it more difficult for you to get the compensation you deserve.
- You have questions about a slip-and-fall claim, including whether you sustained injuries that qualify for compensation.
- You have contacted the insurance company, and the insurance company has issued a settlement offer that does not reflect your real needs.
Ideally, you should talk to a Nevada slip-and-fall attorney before dealing with the insurance company directly.
Why Start on Your Slip-and-Fall Claim Early?
Working with a lawyer from the beginning can have a lot of advantages to your claim. Sometimes, you may have to deal with an insurance company that does not want to pay out the compensation you deserve for your slip-and-fall accident injuries. You may find yourself struggling to recover reasonable compensation.
Next, a lawyer may find it easier to collect evidence related to your slip-and-fall accident if you get in touch soon after the accident. Often, the evidence related to your claim will prove much more difficult to access as time goes by after your accident.
When Will My Lawyer File My Claim?
While you should start working with a lawyer as soon as possible after your accident, your lawyer may advise waiting until you have progressed further through your recovery before you actually file your claim. Soon after your accident, you may not know what your long-term progress will look like: how long you will spend in recovery, for example, or what your medical bills will actually look like.
If you file your claim too early, that claim might not include the actual financial losses you sustained in your accident. On the other hand, by waiting until you have recovered, or have progressed far enough through your recovery that your doctors can reliably predict your eventual recovery, you may find it much easier to file a claim that includes your actual losses.
Contact Us to Start Your Nevada Slip-and-Fall Claim Today
If you suffered injuries in a Nevada slip-and-fall accident, Pacific West Injury Law can help. Contact us today to learn more about your rights after a slip-and-fall in Nevada, including how long you may have to file a claim for compensation.