I Was Hurt in an Auto Accident; How Much Time Do I Have to Seek Damages?

If either you or someone close to you has been injured in a motor vehicle accident, motor vehicle accident involving a commercial vehicle, motorcycle accident, or slip and fall, you only have a certain amount of time to bring your claim for monetary damages or you are barred from seeking recovery.
It is important to have experienced counsel if you are injured. Many people either deal with insurance companies alone or refuse to seek legal counsel because they believe the insurance companies are trying to help them, or they feel bad for the victim. First, you would not perform surgery on yourself, would you? Hopefully not, you would hire a doctor. So, why fight the insurance company without a lawyer? It has been statistically proven that your chances of obtaining a larger recovery are enhanced when you have legal counsel versus handling the process yourself. Second, the victim does not pay anything to you as a result of being the at fault party, rather the insurance company pays on behalf of the at fault driver.
The time frame you to bring a claim for injuries sustained at the hands of an at-fault driver is referred to as the statute of limitations. If the claim for injuries cannot be resolved by way of settlement, the claim will eventually expire. Often times, the insurance company will walk you right up to the deadline with the hope that it passes so they do not have to pay you anything. Nevada has a two-year statute of limitations, any attempt by you to recover personal injury damages in Nevada must be filed with the court no later than the required two-year deadline or the claim is lost. The two-year time clock to preserve the claim starts ticking on the day of the actual accident itself.
If the accident resulted in the loss of life of one of the passengers, Nevada provides a two-year limit to file a claim against the at-fault driver’s insurance company which starts ticking on the date of the deceased passenger’s death.
Nevada law treats minors differently when they are injured in a motor vehicle accident. Specifically, if a minor is injured, Nevada law requires that the minor wait until the day they turn 18 years of age. The day that they turn 18, a two-year time frame begins, and the file must be asserted before their 20th birthday. There is an exception here that is noteworthy: The parents of the injured minor could seek judicial approval to file a claim on behalf of their child; however, in doing so the minor child no longer may take legal action once they emancipate.
In the event there has been property damage to your vehicle, Nevada provides a three-year time limit to seek damages.
If you or your attorney attempt to submit a claim for damages after the required statute, not only will the claim most likely fail, but the defense attorney for the insurance company may dismiss the case and ask that you be responsible for attorney’s fees in the process.
If your attorney has missed the statute of limitations to pursue your claim, you may have a malpractice claim against your attorney rather than an injury claim against the insurance company now. Compounding that is the fact that Nevada does not require an attorney to maintain malpractice insurance, so it is imperative you are aware of all legal requirements, deadlines, and Nevada case law.
Personal injury claims are not just limited to automobile accidents, and while Nevada’s statute of limitations for auto accidents is described in detail in this blog, it should be noted that legal malpractice against an attorney must be initiated within four years of suffering damage or two years after the party discovers, or should have discovered through reasonable diligence, the material facts underlying the cause of action: whichever is sooner.
If you are injured by a doctor’s negligence, medical malpractice sets forth a three-year time frame from the date the negligent act or omission causing injury occurred, or one year from the date the injury was discovered or should have reasonably been discovered.
If you or someone you love was injured by a product, that would be a claim for product liability and the victim has three years from the date of the injury to file a claim.
At vegas west attorneys, we are transparent, practice law with integrity, dedicate our time and education to our clients, and are strong advocates. We ensure that each case is current, that each client has access to their case manager and attorney along the way, and that the health/treatment of each client is our top concern.
We offer free consultations for potential clients and/or claim review, and do not earn any compensation for our legal services unless we win your case.

Vegas West
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