When it comes to pursuing a personal injury claim, you want to act fast. That’s because personal injury claims follow the statute of limitations. This concept sets specific time limits for when an injured party can take legal action for their claim.
It’s important to understand the significance of the statute of limitations so you can receive justice and fair compensation in the event of a personal injury.
This guide will fill you in on everything you need to know about the statute of limitations so you can be aware of the role it plays in personal injury claims.
Keep reading to learn more.
Table of Contents
What Is the Statute of Limitations?
Definition & Purpose
The statute of limitations is a legal time limit of when a person is allowed to file a personal injury claim or other type of lawsuit. It is basically a deadline set by the law, in which when an individual passes the deadline, they lose their right to seek legal action. These specific time limits can vary depending on the jury, type of claim, and state.
Nevada’s Statute of Limitations for Personal Injury Claims
Each state has its own rules and regulations for the statute of limitations for personal injury claims. In Nevada, you have two years from the time of the injury to file your personal injury lawsuit.
With that said, there are certain exceptions that apply to the statute of limitations, including:
- The Discovery Rule
- Medical Malpractice
- Product Liability
- Minors
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Discovery Rule
The discovery rule applies when the injury is not immediately apparent or is discovered at a later date. In such cases, the statute of limitations may be extended to allow the injured party to file a lawsuit within two years from the date the injury was discovered or should have been discovered.
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Medical Malpractice
Medical malpractice cases involve injuries caused by the negligence or misconduct of healthcare professionals. In Nevada, the injured party usually has three years from the date of the malpractice to file a lawsuit.
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Product Liability
Product liability cases involve injuries caused by defective or dangerous products. In Nevada, the statute of limitations for product liability claims is generally four years from the date of injury or damage caused by the product. However, similar to other cases, the discovery rule may extend this time limit if the injury is discovered later.
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Minors
When a personal injury claim involves a minor, Nevada law provides special considerations. The statute of limitations is typically tolled or paused until the minor reaches the age of 18. Once the minor turns 18, they have the same time limits as adults to file a lawsuit for their injuries. This ensures that minors have ample time to bring legal action once they become adults.
It’s important to consult with a knowledgeable personal injury attorney to understand the specific exceptions and time limits that apply to your case. They can guide you through the legal process, help determine the applicable statutes of limitations, and ensure that your rights are protected.
Remember, adhering to the appropriate time limits is crucial, as failing to file a lawsuit within the prescribed period may result in the forfeiture of your right to seek compensation for your injuries.
Understanding Tort Law
Tort Law Basics
Tort law is a type of civil law involving wrongful acts and omissions. Under the principles of tort law, an individual is allowed to seek compensation for any injuries, harm, or damages they have received at the hands of a negligent party.
When it comes to personal injury claims, negligence is a big theme in tort law. Negligence is when someone fails to take the proper action to ensure safety. For example, a trucking company failing to perform brake inspections after the appropriate time can be considered negligence—especially if the result is that a truck’s brakes failed, leading to injury or an accident on the road.
The four elements of negligence are:
- Duty of care
- Breach
- Causation
- Damages
Key Elements of a Personal Injury Claim
As mentioned, negligence and its four tenets play a big part in personal injury law. In order to have a valid case, you must prove that the defendant was, in fact, exhibiting negligence. The plaintiff must have proof there was a duty of care, a breach of that duty, causation, and damages.
Here are examples of the four elements of negligence in a personal injury claim:
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- Duty of Care. Businesses, companies, property owners, doctors, and other parties have a duty of care. They are expected to perform their business or run their property in a safe and responsible manner to avoid injury and damage. For example, a property manager’s duty of care involves making sure that the premise is safe to live on.
- Breach of Duty. A breach occurs when a party does not adhere to their duty of care. A building owner refusing or forgetting to keep a building up to appropriate standards—like not inspecting for mold or not fixing broken/outdated appliances—is a breach of duty.
- Causation. Causation means that the breach of duty was the cause of your personal injury or any other damages suffered.
- Damages. Damages refers to any pain, suffering, or loss—physical, emotional, mental, or monetary—that resulted from a party’s negligence and breach of duty. For example, if a car crash happened because the brakes on a vehicle didn’t work, any injuries or losses as a result are considered damages.
Proving all of these in order to build a strong personal injury case can be difficult. It’s best to get in contact with a reputable personal injury attorney so they can help you. With a professional on your side, you are more likely to build a strong case outlining the defendant’s duty of care, breach, causation, and damages.
Seeking Legal Advice
The Importance of Legal Counsel
Working with an experienced personal injury attorney in Nevada is crucial for the success of your case. When you file a personal injury claim, insurance companies and big corporations are usually involved. These entities never have your best interests in mind and will do everything in their power to lowball you and avoid giving you the compensation you truly deserve. Having a legal representative on your side helps avoid this.
When you work with an attorney, they’ll also help you adhere to the statute of limitations process. That way, you don’t have to worry about the timeline of your case. A personal injury attorney can take care of all the difficult details of a case—all that’s left for you to do is to heal and recover while your attorney puts in the work to get you the appropriate compensation.
Consulting an Attorney
Finding an attorney that will successfully manage your case from beginning to end can be tough. But at Naqvi Law, that’s never the case. Our attorneys specialize in personal injuries and tort law. They’re ready to help you get the compensation and justice you deserve.
Here are a couple of tips for finding the right attorney for you:
- Look at Reviews. The number of good reviews an attorney has is telling. If you see a law practice with more bad reviews than good ones, it’s best to look for a different law firm.
- Get Recommendations. Similar to reviews, personal recommendations can lead you in the direction of a trusted, capable attorney. Ask family and friends if they know of any law practices or of any other people that have gone through a personal injury case. They may have some insights into which law firm was helpful.
- Opt for a 24/7 Law Firm. A personal injury case is no light matter—and because of the statute of limitations in Nevada, you don’t always have time to spare. That’s why you should work with a law firm that will be there for you 24/7.
Consulting an attorney will only improve your chances of getting the justice you deserve. Moreover, many personal injury firms work on a contingency fee basis; this means that you don’t pay unless they win your case.
Get Your Free Consultation With Naqvi Injury Law
Remember the statute of limitations in Nevada, and don’t delay in filing your personal injury claim. The longer you wait, the less time you have to find a capable attorney and begin building your case. Complying with legal deadlines can help your case have a successful outcome and will lead to fair compensation.
Not sure where to start? Naqvi Injury Law is ready to help you. We’ve helped hundreds of personal injury victims stay within the statute of limitations and receive the compensation they deserve. Get your free consultation today when you schedule online, or call us at (702) 919-6818.