Seeking Damages after a Motor Vehicle Accident, How much time do I Have?
Have you or someone you know been personally injured in a motor vehicle
accident, motorcycle accident, or been injured at a casino and/or public
establishment, how much time do you have to seek damages for your losses? Did
you know there is a specific amount of time to file a lawsuit for monetary damages
or you are barred from recovery? If you are not timely, you may be exempt from
seeking recovery for your injuries, including pain and suffering, medical bills and
lost wages.
It is important to have experienced counsel if you are injured, especially early
in your injury case. It is surprising how many victims of an accident actually trust
the insurance company because of the commercials and celebrities they see on
television commercials and ads; however, the truth is, the insurance company cannot
be trusted to account for your best interests. Insurance companies primary goal is to
account for their bottom line, which is equivalent to saving money a.k.a. less money
for the victim of an accident.
The personal injury claim will expire two years from the actual date of your
accident per the statute of limitations. See NRS 11.190. Nevada has a two-year
statute of limitations, and any attempt by you to recover personal injury damages in
must be within that timeframe or the claim/lawsuit is lost.
If the accident resulted in the loss of life of one of the passengers, also referred
to as wrongful death, Nevada provides a two-year limit to file a claim against the at-
fault driver’s insurance company. The clock starts ticking on this claim on the date
of the deceased passenger or driver’s death.When a minor is involved in an accident, the law is different than it is for
adults. Specifically, Nevada law requires that the minor wait until the day they turn
18 years of age. With that said, the case is active from the start, but the statute of
limitations does not start until the exact day a minor turns 18 years of age—the
statute is then two years from the day they turn 18 and expires on or before their
20 th birthday.
In the event there has been property damage to your vehicle, Nevada provides
a three-year time limit to seek damages.
If you do not comply with the statute of limitations, the insurance defense
attorney may not only seek to dismiss the case but ask that you be ordered
responsible for attorney’s fees in the process. If you have an attorney, and they
missed the statute of limitations to pursue your claim, you may have a malpractice
claim against your attorney rather than an injury claim against the insurance
company. The statute of limitations for attorney malpractice is found in NRS 11.207,
malpractice claims must be commenced within 4 years after the plaintiff sustains
damage, or within 2 years after the plaintiff discovers or through the use of
reasonable diligence should have discovered the material facts which constitute the
cause of action, whichever occurs earlier. Nevada does not require an attorney to
maintain malpractice insurance, so it is imperative you are aware of all legal
requirements, deadlines, and Nevada case law.
If you are injured by the negligence of a doctor or health care professional,
medical malpractice sets forth a three-year time frame from the date the negligent
act or omission causing injury occurred, or one year from the date the injury was
discovered or should have reasonably been discovered.If you or someone you love was injured by a product, that would be a claim
for product liability and the victim has three years from the date of the injury to file
a claim.
At MARATHON L AW G ROUP, PLLC, we help victims of accidents while
practicing law with integrity. Our lawyers dedicate both our time and education to
our clients and will be running by your side from start to finish line.
We offer free consultations for prospective clients and/or claim review, and
do not earn any compensation for our legal services unless we win your case.

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