Navigating the intricate web of personal injury law can seem daunting, especially in the aftermath of an accident. Statutes of limitations, or the legally defined window during which a lawsuit can be filed, play a crucial role in personal injury cases. In this article, we will delve into the specifics of these laws in Nevada, the exceptions in place, and how they impact various types of personal injury cases. We’ll also discuss the role of a personal injury lawyer in ensuring you receive the compensation you deserve.
The Role of Statutes of Limitations in Personal Injury Cases
According to legal jargon, the term “statute of limitations” refers to the time limit within which a person suffering an injury can initiate a lawsuit to recover their losses. This time limit pertains to the filing of the claim and not its resolution. Essentially, as long as your lawsuit is filed before this period expires, you reserve the right to pursue your case. But if you do not file before this date, you cannot recover, no matter your damages.
Statute of Limitations in Nevada: A Closer Look
In Nevada, like every other state, the statute of limitations varies depending on the nature of the civil legal proceedings at hand. In most personal injury cases, the injured party has two years from the date of the accident to file a claim. This two-year limit also applies to wrongful death claims, meaning that surviving family members have two years from the date of their loved one’s passing to initiate a wrongful death claim.
However, there are exceptions. For instance, victims of medical malpractice generally only have one year from the date of the negligent act or one year from the date the injury was and/or should have been discovered to file a claim. This is in addition to other special requirements to file a case for medical malpractice. The time frame may also vary if the injured party is a minor or mentally incapacitated.
Here’s a quick overview of the general Nevada statute of limitations:
- Medical Malpractice – 1 Year from discovery of negligent act and for no longer than 3 years (whichever is sooner)
- 2 Years – Personal Injury Due to Negligence
- 2 Years – Wrongful Death
- 2 Years – Certain Civil Torts
- 4 Years – Contracts (Oral)
- 6 Years – Contracts (Written)
Time Constraints for Personal Injury Claims
The window for filing a personal injury lawsuit differs from state to state. In Nevada, a victim typically has two years to file a legal claim for compensation following an accident. Given the importance of timeliness, it’s crucial not to delay filing your claim. Once the statute of limitations expires, your right to sue the party responsible is forfeited.
Personal Injury Claims and The Court Process
No two personal injury cases are alike, and the timeline for each case varies depending on several factors such as:
- Time taken to gather and file the necessary documents
- The breadth and depth of the accident investigation
- The time required to gather medical records
- Time spent interacting with witnesses
- The completion and complexity of discovery
It’s worth noting that most personal injury claims, including car and trucking accident claims, are settled out of court through negotiations between attorneys and insurance companies. If your claim does proceed to court, the process may take several months to a year or more.
The Rationale Behind Statutes of Limitations
Statutes of limitations exist to ensure fairness within the legal system. As time marches on, evidence necessary to dispute a claim against the defendant may become scarce or unreliable. Also, since the burden of proof in civil cases is relatively low, it’s crucial to maintain a fair process.
Moreover, if a victim has a valid claim, they are expected to pursue their case promptly, especially if their damages are significant. Failing to file a claim within the statute of limitations period might indicate that the claim wasn’t a valid cause of action in the first place.
Medical Bills and Statutes of Limitations
Medical bills are typically categorized as debt and a written contract. The statute of limitations on written contracts can range between three to ten years, depending on the state. In Nevada, a creditor has six years to collect on medical debt.
In many states, any payment made by a debtor effectively extends the statute of limitations on that debt. However, a new law passed in Nevada during the 81st legislative session specifies that a “voluntary payment” by a “medical debtor” to a collection agency shall not extend the applicable statute of limitations for that debt.
So, if you have unpaid medical bills due to an accident, it’s essential to seek legal advice from a personal injury attorney to see if you are eligible to bring a claim. You might be entitled to compensation for your damages, including your medical bills. Remember, you have a limited time to file your claim.
The Process of Filing a Personal Injury Lawsuit
Filing a personal injury lawsuit involves several steps:
- Determining if the insurance companies will cover your damages
- Consulting an experienced injury attorney to evaluate your case
- Filing your summons and complaint documents with the court
- Serving the defendant with the summons and complaint
- Being aware of the statute of limitations and filing before it expires
As most accident victims are not legally savvy, the process of filing a personal injury claim can seem overwhelming. However, having an experienced personal injury lawyer can help you navigate the complex legal landscape and fight for your rights effectively.
The Role of a Personal Injury Lawyer
Retaining an experienced personal injury attorney can significantly increase your chances of receiving a fair settlement. Statistics indicate that accident victims without legal counsel often receive lower settlement offers compared to those who have an attorney negotiating on their behalf.
A personal injury attorney can assist you by:
- Locating potential witnesses
- Interviewing eyewitnesses
- Obtaining police reports
- Consulting with medical experts
- Negotiating a settlement with your insurance company
- Filing your lawsuit in court
- Representing you during an arbitration or trial
If you have been injured due to someone else’s negligence in Nevada, it’s crucial to contact a personal injury attorney as soon as possible. Waiting too long could lead to the statute of limitations running out, thereby forfeiting your right to sue.
Legal Disclaimer
This article is not intended as an advertisement or solicitation. The decision to hire a lawyer should not be based solely on advertisements. The information in this article is for general purposes only and does not constitute legal advice or solicit legal services.
The transmission of information from this article does not create an attorney-client relationship between the reader and ZT Law Group. If any information in this article does not fully comply with regulations in any jurisdiction, ZT Law Group will not accept representation based on that information.
ZT Law Group: Your Personal Injury Advocates
With years of experience fighting for the rights of personal injury victims in Las Vegas Valley, ZT Law Group is well-versed in navigating the Nevada court system and ensuring clients receive their settlements promptly and hassle-free. ZT Law Group does not charge until you win your settlement case. If you have been injured due to another person’s negligence in Nevada, do not wait until the statute of limitations runs out. Contact ZT Law Group https://www.ztlaw.com/contact/ for legal advice today.
* You may have to pay the opposing side’s atttorney’s fees and costs in the event of a loss.