Making a personal injury claim in Nevada gives you the chance to seek out compensation for injuries you’ve sustained at the hands of another party. Many people file their claims quickly, but sometimes people wait because they aren’t sure if they really have a claim, or because they’re focused on healing from serious injuries. Reaching out to a personal injury lawyer after your accident is very important, though, so you can get started on your claim before the statute of limitations runs out.
What is a Statute of Limitations?
As it relates to personal injury, a statute of limitations is the time period after an accident where you can file a claim, or where someone can file a claim on your behalf. It’s in place to ensure that any claims arising from the accident are handled in a timely manner. Without time limits, someone could file a claim today for an accident that happened decades ago. Not only would that be extremely stressful for the party who caused the accident, but the evidence would no longer be fresh.
How Can You Meet the Statute Deadline?
To meet the deadline for filing a claim, a formal, written complaint has to be filed with the clerk of court. A summons also has to be filed, and there are court fees that go along with filing this paperwork. By arranging for “service of process,” a court official or other contracted party will take a copy of the summons and the complaint to the defendant, and “serve” them. This all needs to be done before the statute of limitations expires. It’s easier with a personal injury attorney to help.
Are There Any Exceptions to the Statute of Limitations?
The State of Nevada says you have two years from the date of the accident to file a claim for personal injury. However, if the person who was injured dies and you’re filing a claim on their behalf, you have two years from the date of their death to file the claim. This is true even if the death occurred months or years after the original accident took place.
The discovery rule is one exception that essentially pauses the countdown clock. If you or a medical professional haven’t discovered your injury yet, the statute of limitations doesn’t start until that occurs. A medical instrument or other item left inside your body during a surgery, for example, would fall in this category. Medical malpractice and product liability both have three-year statutes, and there are additional exceptions within that time frame, as well. Additionally, an injury to a minor doesn’t start its countdown until that minor turns 18, giving them until their 20th birthday to file a personal injury claim.
Work With a Trusted Personal Injury Lawyer
Do you have questions about a potential personal injury claim? Reach out to us at Brent Harsh Law today, and get the answers and legal representation you need. Working with a personal injury attorney can help you get your claim filed before the statute of limitations runs out, so you don’t lose out on the opportunity to seek fair and just compensation for your injuries.
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