What is the statute of limitations on personal injury?
If you’ve suffered severe injuries in an accident or other type of incident, you have many important issues on your agenda. The first and most important thing is to recover from your injuries quickly. You may worry about your ability to continue working to support your family and repair any damage to your car, property, or reputation.
You may also be able to file a personal injury claim or lawsuit in the back of your mind. Personal injury law seeks to compensate victims and hold those who caused the injuries accountable for their recklessness or negligence.
While it may seem like you have plenty of time to consider your legal options, it may be less than you think. Personal injury claims and lawsuits take time to investigate and pursue. They’re also subject to the Nevada Statute of Limitations, which requires litigants to file their cases in a specific time frame.
What is the statute of limitations, and how might it shape your agenda after your accident? Here’s what you need to know.
What Is a Statute of Limitations?
Statutes of limitations exist under both state and federal law and provide a limited time period for filing claims or lawsuits after the date of an injury. Different states set their statutes of limitations at different times and vary by the type of claim. Criminal cases are also subject to statutes of limitations.
Generally, the time frame of a statute of limitations begins to run on the date someone was injured. In certain circumstances, it can be applied from when an injury was discovered or should have been discovered by a reasonable person.
A statute of limitations means that a court may decline to hear your claim if it’s not filed within the period specified by the relevant statute of limitations. That’s why it’s essential to seek advice from an experienced personal injury lawyer as soon as possible after your injury.
What Is the Statute of Limitations for Personal Injury in Nevada?
The length of the statute of limitations for personal injuries in Nevada may vary depending on the nature of your case. Broadly speaking, plaintiffs must bring personal injury claims to court in Nevada within two years of the injury. The two-year statute would also apply if the injury resulted in a fatality and the case is filed as a wrongful death claim.
There are other exceptional circumstances involving different types of personal injury. For instance, the statute of limitations on medical malpractice claims, which involve allegations that a doctor diverted from a standard of care and caused severe injuries, is three years from the date of the damage but only one year after the plaintiff discovers the injury. Another type of professional malpractice, accounting malpractice, gives litigants two to four years to file claims. Injuries involving sexual abuse claims carry a 10-year statute of limitations because those incidents are often repressed.
Product liability cases, which would involve injuries from defective products, must be filed within four years. In contrast, property damage cases have a three-year statute of limitations.
Interpreting statutes of limitations can be complex. Work with the attorneys at De Castroverde Law Group in Las Vegas to develop your legal strategy and ensure the statute of limitations doesn’t run out.
Stopping the Statute of Limitations
The statute of limitations on personal injury law sets forth a single requirement: The time you have to file your lawsuit. It doesn’t cover the time you have to litigate the case to completion. Once you have filed with the court, the time under the statute stops, and you can focus on collecting evidence to establish the facts about what happened and documenting the extent of your claim for financial damages.
Once filed, the case management falls to the judge overseeing the matter. The lawsuit moves as quickly as the judge requires it to; your attorney will be responsible for meeting deadlines for exchanging information through discovery, conducting depositions, filing motions, and responding to any other issues raised by the court or the other parties. The experienced personal injury team at De Castroverde Law Group will be sure to stay ahead of any and all upcoming deadlines and see that you respond promptly.
Types of Damages in Personal Injury Cases
Filing your personal injury claim well before the expiration of the statute of limitations maximizes the amount of time you have to establish a reasonable request for damages. Your attorneys will understand the norms for the jurisdiction where you are filing your case. Filing a too high claim can sometimes set your litigation off on the wrong foot.
You can sue for damages under two categories:
- Economic damages: These include the cost of medical care in the aftermath of your accident, any ongoing medical care, including physical therapy, transportation to follow-up doctor appointments, lost wages from the time you spend in recovery, and any wages from missed work to attend follow-up appointments. If the accident disables you, your attorneys may be able to recover damages for lost earnings potential.
- Non-economic damages: Personal injury accidents can have long-lasting emotional consequences. Your claim could also include damages for pain and suffering, emotional anguish, and loss of enjoyment in certain life activities. In the case of reputational damage from a claim of libel, you may be able to sue for public humiliation.
Managing Your Personal Injury Lawsuit
Personal injury cases can become involve complex legal issues. De Castroverde Law Group is a personal injury and car accident law firm in Las Vegas that will fight hard for your rights for just compensation for your losses. Our team has extensive experience in all forms of personal injury litigation, including vehicle, boating, aircraft, pedestrian, and other types of accidents, slip-and-fall cases, dog bites, and more.
Our team proudly provides aggressive, dependable legal representation and is one of the first law firms in Nevada to offer bilingual attorneys and staff. Call us or contact us online for an initial free, no-obligation consultation.
Photo Credit: Scales of Justice by Michelle Grewe is licensed with CC0 1.0