A statute of limitations is a state law which enforces a specific time limit for you to file a lawsuit after an incident that results in damages or injuries. If you do not file a suit within the specified time frame for your case, you will lose your right to do so. The particular statute of limitations that applies to your situation will vary according to the details of your case, but it is almost always more than one year.
When it comes to a car accident in Nevada, there is more than one statute of limitations that could apply to your situation, and it will benefit you to know what these are and to consult a lawyer for a more precise and detailed view of your own case.
According to Nevada Revised Statutes, section 11.190, you have two years to file a lawsuit to “recover damages to a person or for the death of a person caused by the wrongful act or neglect of another.” In other words, if you intend to bring a lawsuit against someone who caused an accident that resulted in injury or death, your statute of limitations is two years. In a situation where someone has died, but did not die at the scene of the accident, the statute of limitations time frame will begin on the date of that person’s death instead of the date of the accident.
This same section of the Nevada Revised Statutes expresses that you have three years to file a lawsuit to recover damages to your property/vehicle. If you try to file a lawsuit after the statute of limitations for your case has run, the court will dismiss the case, so it is very important to pay attention this.
In some situations, you may be very confident that you can settle your case out of court. Still, you want to make sure that you still have enough time to file a lawsuit, just in case you have to. If you don’t pay attention to this, then you won’t have as much leverage in negotiation as you start to run out of options. If you know that you are approaching the deadline for your statute of limitations, or if you have questions about the statute of limitations that applies to your case, contact a car accident attorney.