When are the Statute of Limitations in Personal Injury Cases?
- September 20, 2016
- Shawn Byrne
- Comments Off on When are the Statute of Limitations in Personal Injury Cases?
A statute of limitations is the time period after an event, in which you have to file a lawsuit. In Personal Injury cases, there are a few key statute of limitations that your Personal Injury Attorney deals with daily. The most common is the statute of limitations for your typical type of personal injury case: car accidents and slip and falls cases, against private persons or corporations.
For example, in Las Vegas personal injury cases, the statute of limitations is 2 years from the date of the accident. So, if you’re in a car accident, you have two years in which to file a lawsuit. Of course, it is important to hire an attorney immediately, to make sure you do everything to protect your claim, leading up to any potential lawsuit.
Another more tricky situation arises if you were hurt while on government owned property or through the fault of a governmental agency. In those cases, the statute of limitations is shortened to a quick six months. Since McCarran airport is operated by Clark County, if you allege that the county was negligent, you may be facing a 6 month statute of limitations, instead of the longer 2 year statute. It is important to consult with an experienced personal injury attorney immediately after an accident, to ensure you haven’t waived any important rights.
The final statute of limitations that regularly comes up in Las Vegas personal injury attorney cases, is in nursing home or rehabilitation facility cases. Although your personal injury lawyer will file a “negligence” case against the responsible entity, the facility may try to argue that they should be held to the shorter 1 year statute of limitations for “medical malpractice” cases.
The statute of limitations in these types of cases starts when you “knew or should have known” of the injury. For example, if you were unconscious for 3 months, the statute of limitations would start 1 year from the date that you regained consciousness and were aware of your injuries. Since this issue has NOT been definitely ruled on by the Nevada Supreme Court, your personal injury lawyer will make sure that your lawsuit is filed before the 1 year statute, to avoid any potential arguments to avoid responsibility by the at fault party.
Thanks to our friends and co-contributors from Nadia von Magdenko & Associates for their added insight to the statute of limitations for personal injury cases.