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How Does the Statute of Limitations Work for Personal Injury Claims?

If you have been seriously injured due to someone else’s negligence or recklessness, you have a legal right to seek monetary damages to compensate you for a variety of harms, such as property loss, medical expenses, lost wages, lost earning capacity, and pain and suffering. However, these rights do not last forever. In Nevada, there is a limit as to how long you can wait before filing a lawsuit.

Two Year Statute of Limitations for Personal Injury or Wrongful Death Action

For personal injury actions in Nevada, there is a two-year statute of limitations to file a lawsuit to recover damages. This means that a person who has suffered an injury has two years from the date they discovered their injury (or should have reasonably discovered their injury) to file a lawsuit against those responsible.

So for most accidents, this timeline starts to run from the date of the accident. Likewise, if a person has died due to the wrongful act or negligence of another, then the spouse of the victim, child, or other people with legal standing has two years from the death to file a wrongful death lawsuit; unless, the accident causing the death came before the date of death.

What is the impact of a statute of limitations? Courts have to have a legal basis to enter orders that restrict the rights of another. A statute of limitations creates a deadline, after which a court loses any ability to enter any valid orders regarding a claim. So filing a lawsuit past the two-year limitation acts as a bar to any sort of recovery for a personal injury or wrongful death claim.

Act Swiftly to Preserve Your Legal Rights

It is entirely appropriate to focus on your recovery and natural to feel overwhelmed at the prospect of fighting with a big insurance company to recover damages. However, as soon as you discover your injury or wrongful death has occurred, the clock is ticking. Also, there is critical evidence toward your claim that can disappear forever over time. It is therefore critical to speak with a personal injury attorney, who can help you fight for your legal rights and preserve critical evidence.

Trust Viloria, Oliphant, Oster & Aman L.L.P. to Fight for You

Viloria, Oliphant, Oster & Aman, L.L.P. provides representation to people who have fallen victim to negligent car and truck drivers. If you have suffered a serious injury due to another person’s actions, you need a lawyer. Our attorneys have over a hundred years of combined legal experience and have helped clients recover millions of dollars in personal injury and wrongful death claims. We work on a contingency fee basis, meaning that you don’t pay anything upfront and only get paid if your claim is settled. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.