The time after a car accident is often difficult for victims and their families. There are bills to pay and repairs that need to get done, all while focusing on recovering from your injuries. However, suppose another person’s negligence or reckless actions caused the accident, and you are considering a car accident claim. In that case, it is a mistake to wait too long to take legal action.
There is a statute of limitations for bringing a car accident claim to recover damages in Nevada. Our personal injury lawyers in Las Vegas explain what you need to know about car accident cases and time limits.
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What is a Statute of Limitations?
A statute of limitations is a state law that applies strict timeframes to filing a lawsuit. It sets the legal time limit for victims to claim compensation for losses after an accident. Overall, it establishes the time frame for a person to start their legal claim—not the time limit to resolve the case. If you do not take action within the time limits, you forfeit your right to claim damages.
Any claim filed after the statute of limitations expires will almost always be unsuccessful. Even if your injuries were catastrophic and your losses were significant, you will have missed your opportunity to sue for damages after the statute of limitations runs out.
What is the Statute of Limitations for Car Accident Claims in Nevada?
According to Nevada Revised Statute 11.190, Nevada’s statute of limitations for car accident claims is generally two years. Although, property damage cases qualify for a time limit of three years. Because car accident claims fall under personal injury, the same time limits apply to these cases.
What does this mean? It means that car accident victims have either two years or three years from the date of the accident to sue for damages that resulted from the motor vehicle accident. The deadline that applies depends on what types of damages you are claiming. However, some exceptions to the rule may extend the timeframe beyond three years.
2 Years Limits
Motor vehicle accident claims involving injuries have a two-year time frame to take legal action against the party responsible for the crash. This applies to any victim harmed in the accident, including:
- Drivers
- Passengers
- Pedestrians
- Motorcyclists
- Bicyclists
In addition, if the victim of the car accident died, surviving family members have two years from the time of their loved one’s death to file a wrongful death lawsuit. The only difference with a wrongful death claim is the statute of limitations starts on the day of the victim’s death, which is not necessarily the day of the accident.
3 Years Limit
There is a three-year time limit to file a car accident claim when a car accident involves damage to the vehicle or other property damage. The statute of limitations for property damage claims in Nevada is three years.
Time Limits for Car Accident Victims Who Are Minors
If the accident victim is a minor at the time of the accident, the victim must wait until their 18th birthday to file a claim. After reaching 18, the victim of a car accident suing at fault driver has two years to bring a lawsuit. Depending on the child’s age at the time of the accident, this could mean the actual lawsuit does not start until several years after the accident.
However, the minor’s parents can ask the court for approval to file a claim on their child’s behalf. If the court approves, the child cannot bring another accident suit when they reach the age of 18.
The legal process can be complex, with several steps that need to happen to ensure your case is successful. However, if you are considering a legal claim after an injury in an accident, you must not wait to take action. Working with an experienced attorney in car accidents in Nevada who handles car accident claims can help you get the maximum settlement for your losses.
Looking for a personal injury lawyer in Henderson Las Vegas, who can help you fight for the compensation you deserve? Contact Dobberstein Law Group to schedule a free consultation with our legal team.