If you suffer an injury caused by someone’s negligence, you expect to receive at least some compensation. You file an accident claim with the at-fault party’s insurance provider and wait for the check to arrive.
However, you may not realize that Nevada doesn’t give accident victims an indefinite amount of time to file an injury claim. There is a specific deadline.
So, what is the Nevada statute of limitations in accident claims? We’re exploring the state’s filing deadlines and what happens if the statute of limitations runs out on your personal injury claim.
What is the Statute of Limitations?
Before we discuss the state’s filing deadlines for accident claims, it helps to have a general idea of why Nevada has a statute of limitations. Imagine trying to defend yourself against an accident claim dating back twenty years or so. Will you even remember the accident details?
What about a judge or jury trying to make sense of a case when evidence is no longer available and witnesses can’t be located?
This is what the statute of limitations works to avoid. The filing deadline helps ensure evidence is available, including witnesses. Both the defendant and plaintiff can receive a fair trial and find it easier to argue their side.
How Do You Successfully Meet Nevada’s Statute of Limitations?
Meeting the statute of limitations requirements is the same regardless of the state. The only thing that varies is the time you have to start the claim process.
Some states keep their statute of limitations relatively short at one year. Others give you anywhere from two to four years. So, what are the criteria for meeting the statute of limitations?
- You must file a formal complaint, either typed or written, in court. You must file your complaint in the court that has jurisdiction where the accident occurred. So, if your accident occurs in Las Vegas, you can’t file your complaint in a Reno court. The complaint also can’t be emailed to the court. The document must be handwritten or typed.
- File a summons with the court’s clerk. This is different from your formal complaint. A summons officially notifies the defendant you’re planning on seeking compensation for your damages.
- Pay the court filing fees. Yes, there are fees for pretty much everything you file in court.
- You must also arrange for copies of your complaint and summons to be delivered to the defendant. You want to serve the defendant before the statute of limitations runs out.
Once you complete these steps the statute of limitations usually stops winding down. Now you have time to gather evidence, calculate your damages, and submit your accident claim.
What is the Statute of Limitations in Nevada?
Nevada gives accident victims two years to file an injury claim. The clock starts ticking on the date of the accident. If a loved one dies of their injuries, you may have grounds for filing a wrongful death claim.
The statute of limitations on wrongful death claims is also two years. However, the deadline is two years from the date they perished and not that of the accident. So, if a loved one hangs on for several months after an accident this time doesn’t count toward the statute of limitations.
What happens if the statute of limitations runs out before you start the claim process? There’s a good chance you can’t file an accident claim but there can be exceptions.
Potential Exceptions to the Statute of Limitations
While you don’t want to plan on any possible exceptions, there are specific instances where the statute of limitations may be temporarily paused.
The Discovery Rule
Not all injuries are immediately obvious. Internal bleeding and soft tissue injuries can take a while to start displaying signs and symptoms. You may feel fine for a few days or even weeks after the accident before realizing you sustained injuries.
In this scenario, the statute of limitations doesn’t start until you discover your injuries. Now, you have two years to file an accident claim. However, the rule also requires you to discover the injuries in a reasonable amount of time. So, don’t put off a visit to your healthcare provider after being involved in an accident. If you wait too long, this exception may not apply.
Medical Malpractice Claims
The statute of limitations in Nevada for medical malpractice claims is three years. Remember, you only have two years to file an accident claim. However, the state allows the three-year statute to be paused if the following applies.
The medical malpractice injury resulted in a child suffering brain damage. Birth injuries can also fall into this exemption. In these scenarios, the statute of limitations doesn’t start until the child reaches their 10th birthday. If the child’s parents or guardians don’t file a medical malpractice claim within three years past their 10th birthday, the minor may not be eligible to receive compensation for their damages.
Another reason the statute of limitations may be paused is if the medical malpractice injury results in the child becoming sterile. In this type of claim, the filing deadline is two years from the date the injury is or should be discovered. Since a minor may not discover their sterile condition for several years, the statute of limitations may not start until the child is well into puberty.
Product Liability Claims
These types of claims are a little different even though they fall under personal injury law. This is one of the few times you probably don’t need to prove negligence to move forward with an accident claim.
The statute of limitations is also different. You typically have three years to file a compensation claim. If the accident occurs while construction or real estate improvements are going on, you typically have ten years to file an injury claim. There also aren’t any exceptions to this statute of limitations.
Ensuring You’re Meeting All Filing Deadlines
Keeping up with the statute of limitations and filing deadlines can be confusing. You also don’t want to miss a filing date.
To help ensure you’re keeping up with everything, it’s a good idea to let an experienced accident attorney take care of everything. This way, you can focus on recovering from the accident.
