People do not always hire a lawyer immediately when they get into a car accident. They might feel they would do better financially if they handled the matter themselves. Some people do not like the idea of bringing a lawsuit and just want enough money to pay their accident-related bills.
Unfortunately, once you start trying to get a fair deal from the at-fault driver’s insurance company, you might realize you should have called a lawyer from Shook & Stone in the first place. Hopefully, it will not be too late.
Understanding the Las Vegas car accident statute of limitations is key if you have been in a collision and are considering asserting a claim. Read on to see how this law could impact your legal claim.
The Reason for Statutes of Limitation
A statute of limitation is a law defining the timeframe for filing a lawsuit. Having a time limit means that a person or company that might be liable in a lawsuit can stop worrying about potential liability after the statute of limitations has passed. It is important to commerce and to individuals that they are not looking over their shoulder at a potential lawsuit forever.
The secondary reason for statutes of limitation is to ensure that if a judge must decide a matter, the evidence they receive is reliable, and witnesses will be available. The more time passes after an incident, the more likely relevant evidence might be lost or destroyed, and witnesses might die, move out of the jurisdiction, or forget important facts that could influence the outcome of a case.
Different types of claims have different statutes of limitation. For example, you must file a breach of contract claim within six years if the agreement was written and within four years if the agreement was oral. An injured person must file a claim based on negligence—which is the basis of most car accident claims—within two years of the crash.
What Nevada Law Says
Nevada Revised Statutes § 11.190(4)(e) allows someone two years from the date of a car accident to bring a lawsuit seeking compensation for personal injuries. If the injury was not apparent immediately, you have two years from the date you knew or should have known the car crash caused the injury. If you ignore symptoms and do not make prompt efforts to find the cause, you could lose your right to sue.
When someone under 18 is in a car crash, the two-year clock does not begin until they turn 18. They have until their 20th birthday to sue. However, claims are almost always more robust when parents bring a lawsuit on their child’s behalf within two years of the wreck. Waiting for a child to turn 18 risks degradation of evidence and the possibility that witnesses will not be available.
Some circumstances “toll” the statute of limitations. Tolling means the clock does not tick while the circumstance prevails. For example, if you were in a car accident with someone who lives in another state or country, the statute of limitations will not run while they are not available to be served. However, the clock will run if the person or company has property in Nevada, even if the person is somewhere else. Speak with a Shook & Stone attorney in Las Vegas about this and other circumstances that could toll the statute of limitations in your case.
Other Important Time Limits Applicable to Car Crash Claims
The Las Vegas statute of limitations governs your time to file a lawsuit after a car accident, but there are other important time limits to keep in mind. Missing these other deadlines could have a negative impact on your claim.
Most people call the police when they have an accident, and the police file an accident report. When the police do not come to the crash scene, the involved drivers have ten days to file the information online or in person at a police station if the collision led to an injury or caused at least $750 in damage. Reporting accidents that do not fit within those categories is still a good idea because insurance companies often require a police report to process an accident claim.
You also must report the wreck to your insurance company. Your policy will state the time limits for making a report. Generally, it is best to report an accident immediately or as soon as possible. If you are medically unable to make a report promptly, a dedicated legal professional at Shook & Stone could help you explain the delay to the insurer, if necessary.
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Work With a Las Vegas Car Accident Attorney to Avoid Statute of Limitations Problems
A statute of limitations violation defeats a valid claim. If you fail to file a lawsuit within the time limit, a judge will not hear your case, and you lose your leverage with the at-fault driver’s insurance company.
The attorneys at Shook & Stone could help ensure there are no violations of the Las Vegas car accident statute of limitations. Reach out for a free consultation today.
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