How Long Do You Have to File a Personal Injury Claim in Sparks, NV?
Nevada law requires that an action for personal injury or for wrongful death be commenced within two years of the harm. That period ordinarily begins on the day the injury occurs, though there are some rare cases where the harm may not be revealed until a bit later or a wrongful death occurs some time after the accident that caused it. If you wait past the date, the defendant can ask the court to dismiss the case, and the court will almost always grant that request.The two-year rule covers all the kinds of claims most injured people bring, including those from motor vehicle accidents, premises injuries, dog attacks, bicycle and pedestrian accidents, and wrongful death arising from another person's neglect. Property damage to a vehicle or other personal property is treated separately, and a claim for recovery of these losses must be filed within three years.
Important Things to Know
An Insurance Claim and a Personal Injury Claim Are Different
Talking to an insurance adjuster or submitting medical bills does not stop the clock on the statute of limitations from running. Settlement talks can last for months, and an insurer has no duty to remind you that the courthouse clock is moving. If anything, they will try to drag on the talks past the point where you're still free to bring a lawsuit.If talks collapse near the two-year mark and no complaint has been filed, the claim can simply die, even if there are no disputes about the merits or facts of that claim, simply because you no longer have any leverage. In short, you can't force them once the statute of limitations is through.
Medical Care Often Takes a While
Delay can be costly because records, imaging, and specialist opinions take time to assemble, and your physician may declare you stable until months have passed. Waiting until the last weeks of the second year to bring a claim leaves very little room to gather that proof, locate witnesses, or identify every responsible insurer. And jumping the gun to accept a settlement without getting that evidence can mean you lose out.There Are Exceptions to the Time Limit, But They're Rare
The discovery rule can postpone the start of the two-year period. The question is when you knew, or through reasonable diligence should have known, both about the injury and its negligent cause. There are also possible exceptions for disabled persons and when the responsible party has fled Nevada, but it's important to talk to an attorney as quickly as you can to know where you stand.Medical Malpractice Gives You More Time
For injury or death that can be attributed to medical negligence, you have three years after the date of injury or two years after you discover, or reasonably should have discovered, the injury to bring a claim against the responsible healthcare provider.If you've been injured by the negligence of someone else, call us now at Bradley Drendel & Jeanney at 775-335-9999 for a free consultation. We serve clients across the state.