Nevada has a statute of limitations that limits how much time you have to file a claim after an accident. You have up to two years to file a lawsuit, but there are other factors to consider too.
Nevada Statue of Limitations on Car Accident Cases
A car accident can be devastating. While the responsible driver may walk away with no injuries and just a bent bumper, you may have whiplash or a serious injury that requires surgery and months in the hospital. As the victim of an accident that occurred in Nevada, you need to know about the statute of limitations in place for car accidents and other factors that determine when you can file a lawsuit.
Statute of Limitations
The Nevada statute of limitations on car accidents is exactly two years from the date of the accident. If the accident occurred on January 1, 2016, you have until January 1, 2018 to file a lawsuit in court. You may need to find an attorney willing to file a lawsuit on the behalf of a loved one: A family member may fall into a coma after an accident and be unable to file on his or her own behalf.
As an accident lawyer in a Las Vegas practice will tell you, the statute of limitations only applies to lawsuits and not insurance claims. The state does not have a statute of limitations in place regarding how long you have to file an insurance claim. It’s generally best to file as soon as possible, however. This gives you time to show any scars you developed as a result of the accident and gather evidence that proves the other driver was at fault.
Insurance Claim vs. Lawsuit
Before going to court, you need to contact the driver’s insurer and file a claim. This claim will often cover some or all of your repair bills and medical bills. A licensed Las Vegas attorney can assist you with deciding whether to ask for a higher amount from that insurer and what to do when you file a civil lawsuit.