How Long Do I Have to File a Lawsuit After a Car Accident in Las Vegas?

If you have been injured in a car accident with a careless Las Vegas driver, your attorney will work hard to try to settle your case without having to file a lawsuit. This isn’t always possible. Insurance companies may try to leverage your physical and financial vulnerability following an accident so that you accept their initial, lowball settlement offer.

In some cases, the insurance company leaves you no option but to file a lawsuit.  If that happens, you have limited time to file a personal injury lawsuit in Nevada after your car crash. This is one reason hiring a Las Vegas attorney quickly after an accident is important. Attorneys know the deadlines and should ensure that your lawsuit is filed in time.

Your attorney can explain the state’s legal deadline to file a personal injury lawsuit and what can happen if  you miss the window to file your case.

The Nevada Statute of Limitations

Each state has a statute of limitations, which is a law that sets the maximum time limit for filing a lawsuit after an event. This time limit varies depending on the type of legal claim and jurisdiction. Car accident cases can have a different statute of limitations than medical malpractice cases, for example.

The purpose of the statute of limitations is to ensure that legal cases are brought and presented while evidence is fresh, witnesses are available, and memories of the event are still clear. Statutes of limitations also serve to prevent old cases from clogging the court’s calendar. Additionally, these laws offer parties a sense of security in that, after a certain point, they can no longer be brought into civil court for an accident that occurred long ago.

In Nevada, car accident victims have two years from the date of the accident to file a personal injury lawsuit seeking compensation for their medical expenses and other financial losses. If an individual only seeks compensation for vehicle or property damage, they have three years from the date of the accident to file their claim.

Why Be Mindful of the Statute of Limitations When Working with an ?

Being unaware of the statute of limitations is one of the biggest risks in not hiring an attorney. Many car accident victims do not concern themselves with the legal deadline for filing a personal injury lawsuit in Nevada because they are seeking compensation from an insurance company. This is a mistake. Insurers know the state’s statute of limitations for car accident lawsuits. Some insurance companies may negotiate in bad faith, extend settlement negotiations, or drag out the claim process. When you realize you were offered a poor deal, it may be too late to pursue a personal injury lawsuit against the insurance company or the at-fault driver.

Some insurers may use this stalling tactic to force you into accepting a low or unfair settlement. They know you have no other options for seeking maximum compensation and thereby force you to accept their offer or gain nothing.

Even when working with an insurance company to settle a car accident claim, it pays to be mindful of the legal deadline for filing a personal injury lawsuit in Las Vegas. It can give you more leverage in negotiations and offers you an additional option for pursuing the money you deserve.

What Happens If You Don’t File a Lawsuit in Time?

Your attorney must file your personal injury lawsuit before the legal deadline expires to get your case heard in court. If your lawsuit is filed after the time limit passes, the opposing party can request that the court dismiss the case. Often, the court grants the motion to dismiss, thus refusing to hear your case and leaving you with few to no options for pursuing the money you need to cover your financial losses.

If the court dismisses your case, the insurance company will likely stop negotiating with you. Without the threat of a lawsuit or jury trial, the insurance company has no incentive to negotiate with you or pay any money.

Protecting Yourself and Your Legal Rights After a Car Accident

There are proactive steps you can take to protect your legal rights after a Nevada car accident and ensure you have every available opportunity to seek meaningful compensation. First and foremost, contact an experienced Nevada car accident attorney as soon as possible. Remember it is not a good idea to attempt to handle a personal injury claim by yourself.

Your attorney can manage communication between you and the insurer, help you find doctors in your area, and negotiate on your behalf for the money you deserve. A knowledgeable attorney also understands Nevada laws and will be mindful of how those laws may impact your ability to seek compensation for your financial losses. An attorney can manage legal deadlines and other issues, keeping your options for seeking compensation open.

It also benefits your position to seek legal assistance right after the accident because an attorney can immediately gather and preserve evidence valuable to your claim. Waiting until just before the two-year statute of limitations expires to find an attorney is a risky move. In that time, crucial evidence could be lost or destroyed, and witness memories of the event can fade. Discussing your situation with a Las Vegas car accident attorney is the best way to protect your legal rights and preserve your legal options.

Reach Out and Talk to a Las Vegas Car Accident Attorney Today

At Claggett & Sykes, our car accident lawyers know what it takes to protect your legal rights. If a careless motorist hurts you in an accident, you need immediate and effective legal representation. We have the experience and resources to handle car accident cases, large and small. Through our trial work, we’ve obtained over $1.5 billion in verdicts and settlements.

Learn for yourself what sets our legal team apart. Contact our office today and set up a free and confidential legal consultation to discuss your case.