It can come as a nasty shock to someone with an obvious personal injury case that they did not file their claim in time. When they do sit down with an attorney and talk about bringing a lawsuit against someone or a business responsible for a personal injury, they might hear from that lawyer that they have passed the two year statute of limitations. This is often because people may file some sort of claim with insurance companies, or with the appropriate parties for the case, but a claim is not the same thing as a lawsuit.
Pay Attention to Time with Personal Injury Law in Las Vegas
Like so many other states, Nevada has specific laws that indicate how and when you should file personal injury cases. The statute of limitations, or time limit on a lawsuit, is two years. Cases that are not initiated in that time frame may be dismissed before they even have a chance.
It can be confusing because a lawsuit is not usually the first thing a person tries in the event of a personal injury. Where personal injury law in Las Vegas is concerned, you might speak with your lawyer and ask them to negotiate some sort of settlement for you, but that is only related to the claims you might have filed. This might be a way to avoid a lengthy process in the court system and just get the funds you think you are due for the injury, medical expenses, lost wages, and pain and suffering, but it isn’t a lawsuit.
According to personal injury law in Las Vegas, your lawyer can indeed try to work out a settlement with the appropriate parties (often the attorneys for an insurance company or individual liable for your injuries). That is what is known as making a claim. When this fails, often because one or both sides won’t budge on what they feel to be a fair settlement, it can become a lawsuit.
And this is when you want to be very cautious. If you go back and forth with the other side, you might watch a lot of time go by along with the failed negotiations. Then, when it comes time to file that lawsuit, you could have already reached the statute of limitations according to personal injury law in Las Vegas (which is two years from the incident), and you would then be out of luck.
Hire a Professional
The one way to be sure you do not make such an enormous mistake is to work only with an attorney familiar and experienced in personal injury law in Las Vegas. This is someone who will keep a sharp eye on the amount of time that has passed, and who will never fail to get a lawsuit filed in the right amount of time.
Under no circumstances should you ever work on your own in such cases. Not only can you lose track of time and have that statute of limitations cancel out your ability to make a lawsuit, but you can easily jeopardize your case later. Instead, as soon as you are able to after any injury, get in touch with a personal injury lawyer and discuss what steps to take.