Explore the time limits and caps for filing an injury claim. Generally, the Nevada statute of limitations for personal injury cases is two years.
People face various risks when going about day-to-day activities. These hazards may sometimes cause severe injury or, in worst cases, death. If you suffer harm because of the negligence or recklessness of another party, you could seek compensation through a personal injury claim.
Personal injury cases in Nevada have unique and strict time limits and compensation amount caps. So consult an experienced Las Vegas injury attorney for legal advice on protecting your rights. Local and state laws try to balance the rights of victims and those responsible for the accidents.
Keep reading to learn more about Nevada’s statute of limitations on personal injury claims.
What is The Nevada Statute of Limitations for Personal Injury Cases?
The Nevada statute of limitations for personal injury cases is usually two years from the date you discovered or should have located the injury. This applies to a wide range of cases, such as:
- Motor vehicle accidents
- Pedestrian accidents
- Wrongful death
You can lose the opportunity to sue for damages caused by the injury once the two-year statute of limitations passes. However, the applicable time limits for filing a case may vary depending on the type of claim. Here is a summary of the statute of limitations in Nevada civil cases:
- Personal injury due to negligence – 2 years
- Property damage – 3 years
- Wrongful death – 2 years
- Medical malpractice – 1 to 3 years
- Construction defects – 6 years
- Defamation or slander – 2 years
- Fraud – 3 years
Failure to file a lawsuit within the set limits can lead to dismissal.
The Nevada Statute of Limitations Discovery Rule
The statute of limitations discovery rule in Nevada allows for tolling in the presence of specific conditions. Tolling the statute of limitations means the statute of limitations is suspended for a predetermined amount of time.
Someone can be the victim of a personal injury and not realize it at the time of the incident. People who suffer personal injuries may not be aware of it at first, or the person guilty may be trying to cover up their actions. Under the discovery rule, the statute of limitations doesn’t begin to run until the victim discovers or should have found the injury.
However, a person can’t remain oblivious to their injuries. A reasonable person’s knowledge or awareness is all that matters. Because victims may not be aware of what happened until sometime after the accident, the discovery rule helps protect them against unfair limitations.
Statute of Limitations Rules for Minor Children
A few unique regulations apply to minor children and the Nevada statute of limitations. When a child turns 18, the statute of limitations is often tolled. The kid has just one year from the date of discovery of the harm to file a claim against negligent medical care in medical malpractice situations. Brain damage victims have until they are 10 years old or the standard statute of limitations in medical malpractice claims if they are older to file suit.
Children have two years from the date of the harm to file a lawsuit for sterility. To file a claim for sexual abuse, a victim has ten years from the date of discovery of the damage, or ten years after they reach 18 if that date is later. The deadline for reporting child sexual abuse is either the victim’s 18th birthday or the date on which the court issues a verdict in a criminal case.
What Is a Personal Injury?
Personal injuries are accidents that cause physical or emotional damage because of another person’s reckless, negligent, or intentional acts. Victims of such incidences can recover financial damages for injuries resulting from the accident through a personal injury claim.
What Are the Common Types of Injuries in Personal Injury Cases?
Injuries covered by personal injury claims are either physical or psychological. Here are some of the common injuries:
- Soft tissue injuries
- Brain injuries
- Bone injuries and amputations
- Partial or complete paralysis
- Neck and spinal injuries
- Slander or libel
- Assault or battery.
- Scarring and disfigurement
- Emotional distress
- Permanent disability
If you experience any injury and want to know if it qualifies for a legal claim, contact a Las Vegas injury attorney to determine what your case is worth.
Common Causes of Personal Injury
Some causes of personal injury claims in Nevada are:
Automobile accidents
Automobile accidents are the leading source of personal injury claims in the United States. The top common reasons why car accidents occur are carelessness, intoxication, or inattention on the driver’s part.
Accidents in Nevada range from minor fender benders to tragic fatalities, so it’s hard to tell precisely how many occur each year. The number of vehicle accident fatalities in Nevada increased by over 3% from 2019 to 2020.
When a negligent motorist is at fault for an accident, they may be liable for civil and criminal fines may be levied. Personal injury lawsuits may result from various automobile collisions, like rear-end collisions, T-bone collisions, and side-swiping.
In a car collision, determining who was to blame can be challenging. Police reports, witness interviews, collision reconstruction, and toxicological findings can help you build your case. A Las Vegas injury attorney can also examine your case to help determine fault.
Slip and Fall Accidents
You may have a case for a slip and fall if the conditions are dangerous and proper notice is not given. Based on data from the National Safety Council, nearly 9 million people visit the emergency department every year due to a slip and fall mishap in the United States.
Medical Malpractice
Misdiagnosis, surgical objects left in the patient’s body, and premature discharge are only a few of the malpractices committed by medical practitioners. Medical negligence lawsuits may include any of the above issues or many others.
Workplace Accidents
If you get hurt at work, you may be entitled to compensation under workers’ compensation, another name for personal injury. The U.S. Bureau of Labor Statistics (BLS) reported 2.8 injuries per 100 full-time employees in 2020.
You may be eligible for compensation under workers’ compensation or personal injury if you get hurt at work. There were 2.8 injuries per 100 full-time employees in 2020, according to the U.S BLS.
Product Liability
Personal injury lawsuits can help you get fair compensation for any harm caused by a product you bought and used. The Consumer Product Safety Commission reports millions of injuries and thousands of fatalities happen each year in the U.S. because of hazardous and faulty items.
Wrongful Death
You can make a wrongful death claim when a loved one dies because of someone else’s carelessness. The family of a person who died in a construction accident in an unmarked area might be eligible for compensation.
Establishing a Strong Personal Injury Case
Although various types of personal injury lawsuits exist, they all entail the same fundamental factors. Under Nevada personal injury law, you must prove three elements to win a personal injury case:
- Defendants had an obligation to you
- They broke that obligation
- Their actions caused you harm
Both direct and indirect evidence can support the assertions made. In civil trials, the burden of proof is lower than in criminal cases, where the burden of proof must be beyond a reasonable doubt.
You can support a personal injury claim using evidence, such as:
- Documentation of your injuries, including medical bills and records.
- Witness and expert testimonies.
- Personal testimonies, focusing on your recollections of the event and how it has affected your life.
- Photos or videos of the accident site, such as those taken using a vehicle’s dashcam.
The courts may allow you to bring in further evidence according to the facts and circumstances. A seasoned Las Vegas injury attorney can help collect evidence and represent you in court.
Types of Damages Recoverable from a Personal Injury Case
You may seek compensatory and punitive damages in a personal injury lawsuit against the responsible party.
Compensatory Damages
In a Nevada personal injury case, you may recover compensatory damages for losses you have already suffered and those you expect in the future. These include economic losses like lost wages and non-economic damages such as pain and suffering.
An economic loss has a financial figure assigned to it. These costs include medical expenses, property damage, missed pay, and the inability to earn. The term non-economic damages refer to losses that aren’t directly related to a person’s financial situation. They comprise physical and mental discomfort, mental anguish, emotional misery, physical disability, disfigurement, and other “general” losses.
There is no cap on compensatory damages in most cases. The jury or the judge can award compensatory damages in any amount they think is fair and reasonable.
Punitive Damages
Rather than compensating a plaintiff’s losses, punitive damages are awarded to punish wrongdoers in gross negligence cases. To receive punitive damages in Nevada, you must prove that the defendant acted with fraud, malice, or intention in causing your harm.
Courts can award punitive damages in extreme circumstances under Nevada Revised Statutes 42.005 as a deterrent to others. Punitive damages in Nevada are generally limited to three times the amount of compensatory damages if the total exceeds $100,000.
When punitive damages are awarded in a Nevada personal injury case, they are in addition to whatever compensatory damages you may obtain.
How Much is Your Personal Injury Case Worth?
Various elements influence the extent of your personal injury claim’s losses. Each personal injury claim is unique, and there is no one-size-fits-all formula for determining how much compensation you may be entitled to. To better understand how much compensation you may be entitled to, consult with a Las Vegas injury attorney.
The following factors may affect the amount of compensation:
Type and Severity of Injuries
Long-term medical care for a major accident can be expensive, and several trips to the hospital may be necessary. A catastrophic injury might have long-term effects on your everyday routine.
Courts also consider any changes, no matter how big or little; you’ve made to your daily routine, work, or personal life. If you’ve suffered a more severe injury, you’ll be entitled to more money in damages.
Severity of Damages
Adding property damage to your injury claim is another option to maximize your compensation.
Damage claims for serious automobile accidents are more expensive than claims for slip and fall injuries since they result in more significant property damage.
Who’s to Blame?
The most critical component of a personal injury claim is determining who is accountable for causing your injuries. If you contributed to your injury, this might impact the amount of compensation you are eligible for.
Comparative negligence laws help determine each party’s degree of responsibility in a Nevada personal injury lawsuit. Plaintiffs who are somewhat responsible for creating the accident that resulted in their injuries may receive partial payments.
Medical History
An insurance company will examine your medical history to see if you’ve had any recorded injuries.
Insurance companies may dismiss or lessen the amount of your claim if they believe that your injury was pre-existing or occurred before the event. To get fair compensation for an injury, it must have been directly caused by the accident.
You may be eligible for compensation, but the amount gets reduced if your injury was exacerbated by the accident.
Consult a Las Vegas Injury Attorney
Failing to file a claim within the time restrictions may make you miss your chance to recover compensation from at-fault parties. It is best to contact a Las Vegas injury attorney as soon as possible after suffering an injury due to someone else’s negligence.
Contact a Las Vegas injury attorney to help boost your chances of receiving fair compensation.