How Long Can I Wait to File a Lawsuit?
If you suffered an injury or developed an illness due to factors that someone else caused, you may be eligible to claim financial compensation through a lawsuit. However, you only have a certain period of time to begin this process before the court will refuse to hear your case. To successfully file a lawsuit in Nevada civil court, you need to ensure that you are filing your claim within the appropriate statute of limitations.
What Are the Statutes of Limitations?
Under Nevada state law, you have the right to collect financial compensation if you suffered an injury, illness, or another act of wrongdoing due to the recklessness or negligence of someone else. You can collect this compensation through a lawsuit in civil court. Depending on the facts of your case, you can receive damages for medical expenses, pain and suffering, lost wages, and more.
By filing a lawsuit, you can receive the funds you need to recover and begin healing from your experience. However, you cannot file a lawsuit at any time you choose. You need to adhere to the specific statute of limitations for your claim.
The statutes of limitations are the laws set forth by the state of Nevada that places a time limit on your right to file a lawsuit. If you do not file your claim within this timeframe, the court will likely refuse to hear your case.
Why Are the Statutes of Limitations Important?
While you do have a right to claim compensation for injuries that were not your fault, the state wants you to file your claim as early as possible. The statutes of limitations are in place to protect both the at-fault entity you are holding responsible and the strength of your claim.
The at-fault party has a right to defend him or herself against your lawsuit. If you wait too long to file, he or she may not have the evidence he or she needs to disprove your claim.
In addition, your case is the strongest when the evidence is fresh. The sooner you file your claim, the easier it is for the court to validate pieces of evidence such as medical records, surveillance footage, and witness testimony. In addition, it is easier for you and your attorney to gather this evidence and build your case if the incident is recent.
Older cases can often have weaker arguments since much of the evidence may not exist anymore. DNA evidence could fade, witnesses can move out of the area or pass away, and records could disappear. The sooner you file your claim, the easier it is to prove your case.
Different Statutes of Limitations in Nevada
If you want to bring a lawsuit in Nevada civil court, you will need to ensure that you file your case within the appropriate statute of limitations. Different types of cases have different time limits on filing.
- You have 2 years from the date of the accident to file a personal injury lawsuit.
- You have 3 years from the date of the malpractice to file a medical malpractice lawsuit. If you did not discover an illness or the effects of the malpractice after the initial incident, you have 1 year from the date of discovery to file.
- If you suffered an injury due to a defective product, you have 4 years from the date of the accident to file your claim.
- You have 2 years from the date of death to file a wrongful death lawsuit.
To ensure that you meet the statute of limitations for your lawsuit, contact an attorney as soon as you believe you have a case. Your attorney can provide a legal opinion on whether or not you could file a lawsuit and can help you begin the process as soon as possible.
The statutes of limitations are in place to protect the best interests of all Nevada residents. Not only do they protect the interests of people who are facing accusations of negligence, but they also incentivize victims to file their claims when the evidence is the freshest. However, it is important to file your claim as soon as you believe that you may be eligible for compensation. Speak to a Las Vegas personal injury attorney to begin the lawsuit filing process as soon as possible.