Seeking Damages after a Motor Vehicle Accident?
Have you or someone you know been personally injured in a motor vehicle accident, motorcycle accident, or been injured at a casino and/or public establishment, how much time do you have to seek damages for your losses? Did you know there is a specific amount of time to file a lawsuit for monetary damages or you are barred from recovery? If you are not timely, you may be exempt from seeking recovery for your injuries, including pain and suffering, medical bills and lost wages.
It is important to have experienced counsel if you are injured, especially early in your injury case. It is surprising how many victims of an accident actually trust the insurance company because of the commercials and celebrities they see on television commercials and ads; however, the truth is, the insurance company cannot be trusted to account for your best interests. Insurance companies primary goal is to account for their bottom line, which is equivalent to saving money a.k.a. less money for the victim of an accident.
The personal injury claim will expire two years from the actual date of your accident per the statute of limitations. See NRS 11.190. Nevada has a two-year statute of limitations, and any attempt by you to recover personal injury damages in must be within that timeframe or the claim/lawsuit is lost.
If the accident resulted in the loss of life of one of the passengers, also referred to as wrongful death, Nevada provides a two-year limit to file a claim against the at-fault driver’s insurance company. The clock starts ticking on this claim on the date of the deceased passenger or driver’s death.
When a minor is involved in an accident, the law is different than it is for adults. Specifically, Nevada law requires that the minor wait until the day they turn 18 years of age. With that said, the case is active from the start, but the statute of limitations does not start until the exact day a minor turns 18 years of age—the statute is then two years from the day they turn 18 and expires on or before their 20th birthday.
In the event there has been property damage to your vehicle, Nevada provides a three-year time limit to seek damages.
If you do not comply with the statute of limitations, the insurance defense attorney may not only seek to dismiss the case but ask that you be ordered responsible for attorney’s fees in the process. If you have an attorney, and they missed the statute of limitations to pursue your claim, you may have a malpractice claim against your attorney rather than an injury claim against the insurance company. The statute of limitations for attorney malpractice is found in NRS 11.207, malpractice claims must be commenced within 4 years after the plaintiff sustains damage, or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action, whichever occurs earlier. Nevada does not require an attorney to maintain malpractice insurance, so it is imperative you are aware of all legal requirements, deadlines, and Nevada case law.
If you are injured by the negligence of a doctor or health care professional, medical malpractice sets forth a three-year time frame from the date the negligent act or omission causing injury occurred, or one year from the date the injury was discovered or should have reasonably been discovered.
If you or someone you love was injured by a product, that would be a claim for product liability and the victim has three years from the date of the injury to file a claim.
At Marathon Law Group, PLLC, we help victims of accidents while practicing law with integrity. Our lawyers dedicate both our time and education to our clients and will be running by your side from start to finish line.
We offer free consultations for prospective clients and/or claim review, and do not earn any compensation for our legal services unless we win your case.
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