People get injured in accidents all the time. Whether it’s a car accident or a slip and fall, you may suffer some pretty serious injuries. These injuries can keep you out of work for weeks or even months. If they’re very serious, they may cause you to be permanently disabled.
One of the first things you may want to do after your injury is to sue somebody. We live in a litigious society. There’s no escaping that. That’s why there are so many personal injury lawyers in Las Vegas.
When people get hurt, they want to hold someone responsible. The problem is, people think it’s a lot easier to sue someone than it really is. Your injury lawyer in Nevada can’t just file a lawsuit and collect a check for a million dollars. They have to prepare your case. They need to gather evidence. They need to find out just how bad your injuries are. They need to calculate your damages. They need to find people who are willing to testify on your behalf.
After they do all this – they have to find out what the defendant’s attorney plans to do. Do they have information that makes it look like the accident was your fault? Does the defendant have insurance to cover your damages? Are they going to blame the accident on some third party?
As you can imagine, this can become very complicated and confusing. And – the hard part is, your lawyer has to do all of this before you run out of time.
Nevada Only Gives You a Certain Amount of Time to File Suit
In Nevada, as with every other state, you only have a certain amount of time to file suit. If you miss this window, you lose your right to legal action. Even if you meet the deadline, there’s no guarantee that you’ll win your case.
The reason the court gives you a deadline to file suit is out of fairness. Even if the defendant is at fault, they shouldn’t have to wait for years on end waiting for the suit to be filed. The other reason there is a deadline for evidence reasons. After a few years, it becomes very hard to track down evidence. The court wants every party to have the best chance at pursuing (or defending) their legal claim.
What is the Statute of Limitations for Civil Cases?
In Nevada, the statutes of limitations are different depending on what type of lawsuit you’re filing. The three main statutes that affect civil litigation are;
- Personal Injury – two (2) years
- Medical Malpractice – three (3) years
- Product Liability – four (4) years
These deadlines are strict. Even if you miss the statute of limitations by one day, the judge isn’t going to waive the rules. This is why it’s so important that you hire a personal injury lawyer early on. You want to give your attorney as much time as possible to prepare your case.
The statute of limitations starts on the day of your accident. For medical malpractice, the three (3) years starts on the date you determine that something has gone wrong. For example, if you get surgery on January 1 and don’t realize the doctor was negligent until June 1, your statute will start to run on June 1.
What Happens if You Miss the Statute of Limitations?
If you wait too long to hire a personal injury lawyer near Henderson, you risk being turned away. If the statute of limitations has already expired, no attorney is going to want to waste their time on your case.
If you do manage to find an attorney willing to accept your case, the chances of actually getting your lawsuit filed are slim to none. Even if the judge doesn’t realize that your case is beyond the statute of limitations, the defendant’s attorney sure will.
The defendant’s attorney is going to file a motion to have your case dismissed. And, if you truly are outside the statute, the judge is going to grant their motion. This means you receive nothing. At that point, there isn’t even an incentive for the defendant to want to settle.
Call an Experienced Personal Injury Lawyer Right Away
If you’ve suffered a personal injury and aren’t sure if you still have time to file suit, you need help. Call an experienced personal injury lawyer in Las Vegas right away. They can review your case and let you know if you have time to file a suit.
Call personal injury lawyers in Nevada today and schedule your free initial consultation.
