When you decide to pursue compensation for a personal injury in the state of Nevada, you will want to act fast. You have the right to seek this compensation; however, there is a ticking clock that accompanies this right. It is crucial to understand the Nevada personal injury statute of limitations. This statute imposes a timeline for when you are able to file a claim, and you must adhere to this limitation or risk missing out on any potential compensation.
Whatever your personal injury looks like, whether you slipped and fell in the parking lot of your apartment complex, you experienced medical malpractice, or you were rear-ended at a stop sign due to another driver’s negligence, you have the right to hire an attorney and seek compensation. However, the reality is that the clock is ticking, and understanding this strict timeline is vital.
What Is the Personal Injury Statute of Limitations in Nevada?
If you suffer an injury due to someone else’s actions, you can seek compensation for the damages you sustained. However, you have a short time to file this claim. In the state of Nevada, you have two years from the time the injury occurred to file a claim. If you miss this time window, you will lose your opportunity to recover the compensation you deserve. Personal injury cases that include a two-year statute of limitations are as follows:
- Car or truck accidents
- Pedestrian crashes
- Bike or motorcycle wrecks
- Death caused by another individual
- Accidents at construction sites
- Falls
- Violence
- Accidents at your place of work
- Faulty products
- Unsafe properties
- Mistakes made by doctors or other medical professionals like wrong or late diagnosis, failure to treat conditions, injuries during childbirth, errors during surgery, and other medically-related injury
Main Elements of a Personal Injury Claim
In a personal injury claim, there are a handful of main elements to make a valid case and prove that the victim suffered at the hand of another individual’s negligence. The victim’s attorney must show that the defendant had a duty of care to the victim, that this duty was breached, that there was causation, and that damages occurred as a result. Examples of this might include:
- Duty of Care: Companies, businesses, property owners or managers, medical professionals, and other parties have a duty of care. They are held to a standard to perform their duties or run their property in a responsible and safe way that helps them avoid causing any injury or damage to those using their goods or services.
- Breach of Duty: A breach of duty happens when these parties do not follow their duty of care. Examples of this might be a property owner not making routine checks on their property or knowing of a mold problem and doing nothing about it.
- Causation: This means that the breach of duty by the responsible party was the direct cause of the injuries suffered or the property damage sustained.
- Damages: This can refer to any pain, suffering, or loss resulting from the responsible party’s negligence and breach of duty of care. These losses can be physical, emotional, mental, or financial. Your attorney must be able to prove that these damages were a direct result of a breach of duty of care.
Proving all of these things is essential in building a strong personal injury case. Contacting a skilled personal injury lawyer is crucial in appropriately filing your claim and avoiding missing out on any compensation.
Exceptions to the Personal Injury Statute of Limitations
The reality is that each state has its own statute of limitations on personal injury cases. However, there are a few exceptions to this rule. These exceptions can include:
- The Discovery Rule: This refers to the situation in which the injury is not discovered at the time it is sustained. Under these circumstances, the statute of limitations can be extended to allow the party injured to file a claim within two years of when the injury was actually discovered or should have been discovered.
- Minors: When a minor is involved in a personal injury claim, there are some exceptions available through Nevada law. The statute of limitations can be paused until the minor reaches the age of 18.
- Product Liability: These kinds of personal injury claims involve harm that was done by dangerous or defective products. The statute of limitations for personal injuries due to product liability is at least four years in the state of Nevada.
- Medical Malpractice: These kinds of claims occur when a member of the medical profession causes injury or even death due to negligence or other forms of misconduct. In the state of Nevada, a victim of medical malpractice has three years to file a claim.
Because so many exceptions can come into play, it is wise to retain the counsel of an attorney who can review the case and help you determine your options.
FAQs
Q: How Do I File a Personal Injury Claim in Nevada?
A: In the state of Nevada, there are a few steps one should take to file a personal injury claim. You must first file a complaint with the courts. You will need to describe the parties who are involved in the claim, when, where, and how the accident occurred, the injuries you claim to have suffered, and the relief you are asking to be awarded.
Q: What Kind of Damages Can You Seek in a Personal Injury Claim in Nevada?
A: In the state of Nevada, there are two main kinds of damages you may be able to seek in a personal injury claim. The first is economic damages. These include the costs or losses that you paid out of pocket, such as medical bills, lost wages, or the loss of earning potential. The second is non-economic damages, which include things like emotional distress, pain and suffering, or loss of enjoyment of life.
Q: How Long Does it Take to Settle a Personal Injury Case in Nevada?
A: In the state of Nevada, there are several factors that may affect the timeline in which your personal injury case is officially settled. These factors can include the extent and severity of the injuries or personal damage you suffered, the experience of your attorney, and the amount of damages you are pursuing.
Q: What Are the Consequences of Missing a Personal Injury Claim Deadline in Nevada?
A: In the state of Nevada, there are consequences for missing out on the deadline for a personal injury claim. Once the statute of limitations runs out, the courts tend to dismiss any claims filed. This cutoff can leave injured parties without the ability to seek compensation and can hugely impact their financial stability and quality of life overall.
Speak With a Trusted Nevada Personal Injury Attorney Today
If you or a loved one has suffered a personal injury in the state of Nevada, there is no time to waste. At the offices of Easton & Easton, we are here to support you no matter what kind of personal injury claim you are facing. We understand the laws surrounding these claims, including the statute of limitations and any exceptions that may apply. Contact our offices today to see how we can be of service to you.
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