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Statute of Limitations for Car Accident Claims: How Long After a Car Accident Can I Claim Injury?

Statute of Limitations for Car Accident Claims

In Las Vegas, Nevada, the Statute of Limitations for filing a car accident injury claim is generally two years from the date of the accident. This means you have up to two years to file a lawsuit for personal injuries. Missing this deadline can bar you from recovering damages, so it’s essential to act promptly to protect your rights.

Getting into a car accident can leave you facing not only physical injuries but also the added stress of medical bills, lost wages, and insurance claims. The legal deadline to file an injury claim could impact your compensation if recovering isn’t hard enough. Without quick action, you might miss out on the support you need to cover these unexpected expenses.

An experienced accident & injury lawyer in Las Vegas can guide you through Nevada’s legal deadlines, ensuring you protect your rights and secure compensation before time runs out. Whether you were injured in a collision on I-15, rear-ended in traffic near the Las Vegas Strip, or involved in a hit-and-run near the Fremont Street Experience, the dedicated team at Ladah Injury & Car Accident Lawyers Las Vegas is here to help.

Call (702) 252-0055 or contact us online to schedule a free consultation.

What is the Statute of Limitations?

The statute of limitations is a legal time limit set by Nevada law that determines how long an injured person has to file a lawsuit after a car accident. This deadline is crucial in personal injury cases, as it directly affects the injured party’s ability to seek compensation. Each state establishes its statute of limitations to ensure that claims are filed while evidence remains fresh and that potential defendants aren’t indefinitely vulnerable to lawsuits.

In Nevada, the statute of limitations exists to prevent delays in the legal process, encourage timely case resolution, and ensure that parties don’t face claims based on incidents from years prior. 

Importantly, missing this deadline typically means the injured party loses the right to pursue compensation for medical bills, lost wages, and other damages. This strict time limit applies to car accident injury claims, including those settled out of court, as the threat of a lawsuit is often crucial to reaching fair settlements.

What Is the Statute of Limitations for Car Accidents in Nevada?

In Nevada, the statute of limitations for filing a personal injury claim after a car accident is two years from the accident date. This two-year window is strictly enforced, meaning that if you try to file a claim after this period, the court will likely dismiss your case, and you may lose your right to compensation entirely. 

This rule applies not only to injury claims but also to wrongful death claims that arise from car accidents. For wrongful death cases, however, the two-year period starts from the date of the victim’s death, which may be later than the accident date itself.

It’s essential to understand that the statute of limitations impacts your ability to pursue a lawsuit, regardless of ongoing negotiations with insurance companies. While some cases do settle outside of court, the fact that a lawsuit can still be filed within this two-year limit often encourages insurance companies to offer fair settlements. 

How Long After a Car Accident Can I Claim Injury in Las Vegas?

In Las Vegas, you have two years from the accident date to file an injury claim, as set by Nevada’s statute of limitations (NRS 11.190).

Filing within this time frame is crucial to securing compensation for your injuries. Waiting beyond this period could mean losing your right to pursue any financial recovery for medical bills, lost wages, and more.

Exceptions to the Statute of Limitations

Nevada’s general two-year statute of limitations for car accident claims has several exceptions. Knowing these can help preserve your right to seek compensation even when circumstances delay filing.

Minors Involved in Car Accidents

Nevada law allows minors injured in an accident to file a claim two years from their 18th birthday. However, a parent or guardian may initiate the claim on the minor’s behalf before they turn 18, which can help speed up the process.

Delayed Discovery of Injury

Injuries, especially those affecting internal organs or the brain, may not be immediately noticeable after an accident. If an injury is discovered after the typical deadline, the “discovery rule” may apply, resetting the two-year countdown from the injury discovery date. Proving delayed discovery requires thorough documentation and may need legal support.

Mental Incapacity

If the injured party is mentally incapacitated at the time of the accident or afterward, Nevada law allows tolling or pausing the statute of limitations. This applies until the person regains mental competence when the clock resumes.

Defendant Leaves Nevada

If the at-fault party leaves Nevada, the statute of limitations can be paused. Tolling applies when a defendant is out of state and cannot be served, ensuring a fair chance to pursue legal action when the defendant returns.

Claims Against Government Entities

Claims involving government agencies have different rules. They often require initial notice within six months of the accident. After this, a typical two-year statute may resume. Prompt action is essential if a government body is involved.

Navigating the Exceptions

Exceptions to Nevada’s statute of limitations can extend filing time, but applying them correctly requires expertise. Consulting a Las Vegas car accident attorney helps ensure you’re within the suitable timeframe to protect your claim.

When Should I Start Filing My Claim?

If you’ve been in a car accident in Las Vegas, starting the claims process as soon as possible is crucial. Delaying can affect evidence quality, witness availability, and overall case strength. Here’s why starting early is beneficial:

  • Preserving Evidence: Evidence can fade quickly after an accident. Starting your claim early allows your attorney to collect critical information, such as accident scene photos, surveillance footage, witness statements, and police reports. Fresh evidence strengthens your case and can be more challenging for the other side to dispute.
  • Documenting Medical Records: Seeking medical attention immediately after an accident helps document your injuries, even if symptoms appear mild initially. Promptly starting a claim also provides a clear medical timeline to support your case, showing that injuries were directly related to the accident. This documentation is essential for establishing the full extent of damages of your claim.
  • Filing Before Time Runs Out: The sooner you start, the easier it is to meet Nevada’s two-year statute of limitations deadline. While you may not file a lawsuit immediately, working with an attorney early on allows them to monitor your case’s timeline and prevent any chance of missing the deadline if settlement negotiations fall through.
  • Strengthening Negotiation Power: Starting the claim process early puts you in a stronger position. Insurance companies may attempt to downplay injuries or delay payouts, but with an established case, your attorney can press for a fair settlement before any evidence loses its relevance.
  • Peace of Mind: Finally, starting your claim immediately means one less thing to worry about. Working with an experienced Las Vegas car accident lawyer provides support, allowing you to focus on recovery while they manage the legal aspects.

Taking immediate action is vital for a solid claim. Consulting a lawyer promptly helps protect your rights and ensures you have the most robust case moving forward.

Contact Ladah Injury & Car Accident Lawyers Las Vegas for a Free Consultation

If you’ve been injured in a car accident in Las Vegas, Ladah Injury & Car Accident Lawyers is here to help. Our dedicated legal team has the experience and commitment to pursue maximum compensation for your injuries, lost wages, and other damages.

Contact us today for a free consultation, and let us provide the guidance and expertise you need to move forward confidently.

Call (702) 252-0055 or contact us online to schedule a free consultation.

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