Car Accident Attorney: How Long Do I Have to File a Claim?

Woman calling car accident attorney

After you have been involved in a car accident, it is understandable to feel shocked and confused, even if you only suffered moderate injuries. For those people who suffered severe injuries, the situation is even more complex: they have to spend weeks in hospital and then months in rehabilitation. All this time, you may not consider hiring a car accident attorney in Henderson to help you file a claim.

However, if you know that the other driver’s negligence caused your injuries, you should think about talking to a lawyer as soon as possible. Filing a claim takes time and does not always reach an acceptable result. In this case, the attorney may instruct you to file a personal injury lawsuit. And you do not have all the time in the world to do that.

Understanding the Concept of Statute of Limitations

The legal limit of time until a person can file a lawsuit is called the statute of limitations. This offers a person a sufficient timeframe to hire an attorney, gather evidence, and file a lawsuit. Once this period of time expires, the person no longer has the right to file a suit, and no court is obliged to hear their case.

The statute of limitations is not a new legal concept. In fact, it goes back to Ancient Greece. The law code of Athens included a five-year limitation for all actions, with the exception of murder and constitutional crimes. Statesman and orator Demosthenes stated that this period of time was necessary to deter sycophants – people who made a living filing lawsuits against others.

What Is the Statute of Limitations in Nevada?

Across the United States, the statute of limitation exists for several purposes. It retains its role of deterrent against serial litigators, but it also aims to make sure that the defendant, who is always presumed innocent, can have a measure of protection.

As personal injury attorneys in Henderson know, the statute of limitations:

  • Encourages a plaintiff with a valid case to pursue it diligently
  • Allows witnesses to give their testimony while their memory of the facts is fresh
  • Allows both parties to present evidence before it is destroyed or lost
  • Allows justice to be done in a timely manner, not after a very long time, when it loses its purpose.

Each type of offense or infraction has a different statute of limitations. For personal injury cases, including car accidents, the statute of limitations in Nevada is 2 (two) years after the date of the accident.

Reasons to Hire a Car Accident Attorney in Henderson as Soon as Possible

You may think that two years is a long period of time and you do not have to hurry up and find personal injury attorneys in Henderson. Moreover, you may be tempted to try and file your claim on your own and avoid paying legal fees.

However, we strongly advise you against this. You will be dealing with an experienced insurance adjuster and most likely you will only get a fraction of the compensation amount you deserve. This will leave you in debt, having to pay for medical care and physical therapy out of your own pocket. Moreover, while you recover and you cannot work, you will not receive your wages.

The best decision is to hire a car accident attorney in Henderson as soon as possible after the accident. This will leave them sufficient time to handle your claim. If the insurance company refuses to accept the compensation amount included in your letter of demand, the lawyer will prepare your case for court and represent you in a personal injury lawsuit.

Henderson auto accident lawyer

Here are some reasons why you need to prioritize retaining legal representation:

1. The Car Accident Attorney Needs to Investigate Your Accident

Experienced personal injury attorneys in Henderson will start negotiating with an insurance adjuster when they have all the facts and the evidence needed to support their demands. This involves a thorough investigation of the accident, with the purpose of:

  • Identifying the liable party
  • Establishing their proportion of fault
  • Securing evidence that proves their negligence.

This can take time because not all car accidents are simple and easy to investigate. In some instances, several vehicles are involved in the crash. In other cases, the accident was caused by a truck and the car accident attorney in Henderson needs to find out whether the driver was an employee of the trucking company or an independent contractor.

2. Witnesses May Be Reluctant to Speak to an Attorney

Most of us want to do what is right. But when it comes to giving a statement before an attorney, many people feel intimidated and are unable to give a coherent story. In this case, the attorney may have to wait until they have overcome their fears and can give a reliable testimony, which can be used in court, if necessary.

3. Settlement Negotiations Cannot Be Hurried

Before resorting to filing a lawsuit, any attorney will try to win your damages in negotiations with the other driver’s insurance company. Once again, this will take time. Insurers are famously reluctant to pay damages and will try to come up with counterarguments to damage your case.

A lawyer knows how to dismantle these arguments. They also know how to spot an insurance adjuster who is applying the delay tactic, hoping that you will run out of time to file a lawsuit. If no amicable agreement can be reached, personal injury attorneys in Henderson will inform the insurance company that you are prepared to go to court. In many cases, this works and the insurer pays the damages to avoid further legal expenses.

4. A Lawsuit Needs to Be Prepared Carefully

In some cases, insurance companies believe that they can win the case in court and will refuse to give you the fair compensation you deserve. In this case, the lawyer needs sufficient time to prepare your case, file the lawsuit on your behalf and explain what you can expect from now on.

In most cases, you will have to testify and explain how the accident happened and how it affected your life. The lawyer will spend time teaching you how to do this without feeling intimidated and without saying anything damaging to your case.

Let a Professional Car Accident Attorney Handle Your Case!

With over 30 years of combined experience in insurance companies, the personal injury attorneys in Henderson at Christian Morris Trial Attorneys know what it takes to win a car accident case. We have won millions for other clients, and will also win the maximum compensation you deserve.

Remember that you only have 2 years since the date of your accident to file a legal claim, so schedule a free case review with one of our attorneys as soon as possible by calling (702) 434-8282!