How Long Can You Sue Someone After a Car Accident in Nevada
What exactly is a statute of limitations?
A statute of limitations is the time between an occurrence and the time you have to file a legal remedy for the occurrence.
Each state has its own statute of limitations for certain legal remedies. If we didn’t the courts would be bogged down with caes forever , not that they aren’t now.
But this puts a time limit on how long you actually have to file a lawsuit after something like a car accident.
In Nevada the statute of limitations to file a lawsuit for personal injury after a car accident is 2 years.
So if your accident is on 1/1/2021 you to file any remedy or lawsuit against anyone involved in the car accident well before 1/1/2023.
If you fail to act in that time period you will not be able to recover damages for the accident even if it was not your fault at all.
All Statutes of Limitations in Nevada are different, for example personal property damage has a limit of 3 years, even though personal injury has a limit of 2 years.
So knowing the statute of limitations in Nevada after an accident can become very important.
There is a difference though between the statute of limitations in the Nevada court system and what the insurance companies set as their statute of limitations to file a claim with them after a car accident.
You should always contact your insurance company immediately after a car accident to report it.
But if you don’t in Nevada you have two years to file a claim with your insurance company after a car accident.
This is just a general rule and not always the case, each insurance company has their own statute of limitations.
You should always check with your insurance provider for the most accurate information.
When dealing with any car accident and the statute of limitations you should always contact an experienced personal injury attorney to guide you through this difficult time.
In Nevada the only name you need to know Is The Richard Harris Law Firm, we can give you an honest, free case review.
What Happens After an Accident
Once you have a car accident in Nevada the clock starts ticking on the statute of limitations even if the accident was reported on that day or not.
The statute of limitations is the actual day of the accident and not the day it was reported.
First you always need to contact the police in the area of the accident.
Once the police have arrived they will take very important reports with all the information about the accident.
These reports will include all driver information, witness statements, photos and videos and any other information needed.
While the police are investigating the accident you should seek medical attention immediately even if you think you are fine.
You may have injuries that you are not aware of or injuries that may show up later and be long lasting.
Getting medical attention on the day of the accident is vital to the statute of limitations since the clock is ticking at the day of the accident and not when you report it or seek medical attention.
Things become very different if there is a fatality in a car accident in Nevada.
If a person dies in a car accident in Nevada the statute of limitations begins at the date of the death and not the date of the accident.
So if the car accident took place on 1/1 and the person dies on 2/1 then the statute of limitations is 2 years from 2/1 the actual date of death.
This is a lot of information to know so having an experienced personal injury lawyer like The Richard Harris Law Firm on your side can make all the difference.
We have over 40 years of experience with personal injury law and statute of limitations in Nevada.
Can I Recover Damages After the Statute of Limitations has Passed
Usually the rather simple answer is no.
If the statute of limitations has passed for personal injury in Nevada for 2 years you will not be able to recover any damages.
But there are certain cases where the statute of limitations can be thrown out by a judge.
This doesn’t happen very often and only in extremely rare cases.
Only an experienced personal injury lawyer knows how to navigate the Nevada court system to make this happen.
Your lawyer will have to file a motion to dismiss the statute of limitations based on extreme circumstances.
For example if you are involved in an accident involving drunk driver and were severely injured you may not have been able to file a claim in a timely manner based on your injuries or other extenuating circumstances.
The judge can review the motion to dismiss the statute of limitations based on the severity of your injuries or the fact the accident involved a drunk driver since these are both considered extreme circumstances.
The reality is that you don’t want to test time limits or the law, if you were injured in an accident in Nevada then call us today and we’ll help you file a claim.
And never fight the insurance companies alone.
What Other Limitations Exist When Filing an Accident Claim
There are other limitations to consider when filing an accident claim in Nevada.
For example the financial responsibility has specific limitations based on the at fault percentage.
If you are involved in a car accident and you are not at fault you most likely can recover all the money damages the court assigns to you.
Meaning you can recover 100% of any settlement awarded to you.
However if you were involved in the same accident and deemed by the court, the police and your insurance company to be at fault by 30%, and the other driver was 70% at fault, then you can only recover 70% of the settlement due to your at fault percentage.
So if your case settles for $100,000 you will only be able to recover $70,000 because your at fault percentage was 30%.
Financial limitations are also set by insurance companies to put a financial cap on the amount you can recover after an accident.
The amount you can recover from your insurance is based on the insurance you have at the time of the accident.
Insurance companies have a formula for the amount they are willing to pay per accident based on several factors.
This can all be very confusing and it is meant to be.
Insurance companies are a business first.
They want to pay as little as possible or deny a claim altogether.
Insurance adjusters are not your friend, they work for insurance companies.
Don’t ever speak with an adjuster without legal representation as they will use any statements against you.
What Is Statute of Limitations if I’m in an accident with a large company
They have large attorney groups on their side protecting their interest.
So the statute of limitations on time may be the same but the statute of limitations on financial responsibility may be completely different especially if the large company is at fault.
When a large company is at fault in an accident the financial responsibility is much greater but they have powerful attorneys to try and keep that responsibility as much as possible.
You should always have a lawyer when dealing with a company like Uber , UPS or Fedex, or Amazon in an accident.
We have years of experience dealing with large companies in accidents.