When Does the Statute of Limitations Start for My Car Accident Claim?

Lawyer emailing the statute of limitations for car accident claim to a client

Understanding the statute of limitations and how to apply it correctly isn’t something that most people have to handle. However, if you were in the recent Las Vegas wreck, then you should be concerned about the statute of limitations for your car accident claim. Las Vegas and Nevada have a number of laws or guidelines that can impact your insurance claim and your case. Make sure that you understand any legal restrictions that can affect resolving your issues by contacting a trusted car accident attorney Las Vegas, NV.

What Does the Statute of Limitations Mean?

Statute of limitations has been a buzzword in the news over the last few years, and people often understand how they apply in criminal cases, but not civil cases. When you have a car accident, you probably won’t even file a lawsuit. In fact, it’s ideal to resolve the entire thing through a car insurance company. That doesn’t mean that you can just skate by without learning a bit about the statute of limitations for personal injury and car accidents.

From the Time of the Crash

Typically the two-year statute of limitations for injury to a person begins at the time of your accident. You also have another time restraint in which to report that injury and the wreck to your insurance provider. Failing to report the crash to the police or your insurance company can make it difficult, if not impossible, to move forward with a lawsuit later.

During those two years, you’re expected to follow through on any medical treatment and suggested medical investigation that doctors advise you on. Meaning that if after a crash you refuse to go to emergency services, as first responders encouraged, you may have difficulty in taking legal action even in that two-year range.

Essentially, you have two years to take any action against a person for an injury. However, car accidents have some nuances, such as reporting the crash to your insurance provider or reporting the crash to the police. If you don’t go through the proper motion, then it may not matter if you’re still within the two-year window. Now, you can always file your suit, but it’s best to build a strong case, and that means taking decisive action early.

From the Time of Medical Diagnosis

There are instances where you may have been fine or even felt great after a crash. However, serious injuries such as TBI can show up months after a wreck. You may have even seen doctors who told you that there was no injury from your wreck. But in these instances, your two-year time limit on starting a civil case begins at the time of diagnosis.

Other illnesses or injuries can also go through misdiagnosis, delayed diagnosis, or identification of an invisible injury. PTSD and anxiety disorders that arise as a result of an accident can take months to identify but are none the less debilitating. PTSD is usually diagnosed between two and six months following a wreck. In that time, you may have felt that the wreck was already resolved.

Have You Waived Your Right to File a Lawsuit?

If you have already completed or closed your claim with your insurance company, you may have made a common but serious mistake. Often in accepting a settlement, you waive your right to pursue legal action in any capacity against the other driver or either insurance companies involved. This condition is often called the “release” and usually a document full of legal jargon that people sign because they’re told that they can’t receive their settlement until this document is in their system.

There are some options where you can get around a release, for example, if an injury is found after the fact, and you complied with all medical expectations. But getting that to happen is extraordinarily difficult, and it’s successful in resulting in another settlement is extremely rare.

Getting the Right Attorney for the Job – Call A Car Accident Attorney in Las Vegas

You don’t need any old personal injury attorney. You want an attorney that specializes in auto collisions and is very familiar with Las Vegas or Nevada law. For experienced, charismatic, and aggressive car accident lawyers in Las Vegas, contact Christian Morris Trial Attorneys.

Everything from the statute of limitations, filing claims, putting in lawsuits, and create a strong argument will be handled by our attorneys. With an attorney on your Nevada case, you shouldn’t have to worry about understanding these nuances because your lawyer should navigate these legal traps for you.