f you’re thinking of filing a lawsuit in Nevada, then you should know that Nevada statute of limitations is two years for most personal injury claims. This means you have two years from the date of an accident or injury to take legal action. If you miss the deadline, you may lose your right to file a claim. Read on to learn more about Nevada’s statute of limitations.
What Are Statutes of Limitations?
Statutes of limitations is a legal term used to describe the period within which one can sue or be sued. These time limits are different for each type of case and are intended to avoid uncertainties in the legal system. Over the years, evidence may be misplaced, witnesses may die, and memories may be lost, which makes it challenging to settle disputes. This is why statutes of limitations exist. They prevent lawsuits from being filed and solved at a later time.
In Nevada, the statutes of limitations for civil cases are outlined in the Nevada Revised Statutes (NRS). It is, therefore, very important to know these limits in order to protect your rights.
What You Have to Do to Meet the Statute of Limitations Deadline
It is important to comply with the statute of limitations when filing a lawsuit. If you don’t comply with the time frame, you will be denied the chance to pursue legal action. In order to make sure you submit your claim on time, follow these steps:
Make a Formal Written Complaint
The first step in initiating a lawsuit is to file a written complaint with the court where the case is to be heard. This document has the details of your case, including the parties involved, the legal basis of your claim, and what you expect to get out of the case.
Fill a Summons
Next, you are required to file a summons. A summons is a document that informs the defendant that he or she is being taken to court. This document notifies them of the case against them and the actions they are to take as a result.
Pay the Court Filing Fees
Most courts require plaintiffs to pay a filing fee for their lawsuit to be launched. The cost is different based on the type of case and the jurisdiction. Some courts may provide fee exemptions to people who can prove that they are unable to pay the fees.
Serve the Defendant
Once the complaint and summons have been filed, you must ensure the defendant is officially notified of the lawsuit. This process, known as ‘service of process,’ involves a police officer, a court officer, or a professional process server delivering the complaint and summons to the defendant directly. This makes the defendant aware that the lawsuit has been filed against him or her and that he or she has a chance to for defense.
Diligently Pursue Service of Process
The defendant shouldn’t receive the documents after the expiry of the prescribed period. Should the defendant be hard to find, you must be able to prove that you made an effort to serve them before the expiry of the time limit. There are also instances where the courts permit other forms of service, such as newspaper advertisement or certified mail service.
If you comply with the above requirements, you will be able to meet the statute of limitations and, thus, prevent your action from being time-barred. If you are not sure of the process you should take, you should seek the help of an attorney to make sure that you fulfill all the legal requirements within the right time frame.
What Happens If You Miss the Deadline?
Non-compliance with the statute of limitations can have severe consequences. When you decide to sue the defendant after the expiry of the statutory period, the defendant will probably ask the court to dismiss the case for having been filed too late.
For the most part, the judge will grant the Motion to Dismiss, which means that your case will be dismissed, and you will be barred from getting compensation or any other form of redress from the court. Once a case is dismissed, you cannot ask to have the case refilled.
Personal Injury Lawsuit Deadline
Under the Nevada Personal Injury Statute of Limitations Act, you have two years from the date of the injury to file a lawsuit. This means that if you sustain an injury as a result of another person’s negligence, you can only do so within two years. If you don’t file your claim within this period, the court will likely decline your case, and you will be unable to claim compensation.
Wrongful Death Lawsuit Deadline
If someone’s death is caused by some form of negligence or intentional act, the family or the representatives of the estate may bring legal action for wrongful death. However, the clock for the lawsuit starts from the date of death and not the date of the incident. If you don’t file the lawsuit within this period, you lose the right to pursue legal action.
Exceptions to Nevada’s Two-Year Statute of Limitations
While the statute of limitations for personal injury lawsuits in Nevada is two years, there is a possibility that the timeframe may be extended in certain cases. It is advisable to seek the advice of a personal injury attorney in order to determine the applicable statute of limitations in your particular case. Here are some exceptions to the two-year statute of limitations:
- Medical Malpractice: If the personal injury claim is related to medical negligence, the clock starts running 12 months from the date of the accident.
- Minors: If the injured party is a minor, the statute of limitations does not expire. It is suspended until the minor becomes an adult. However, delaying the case has its own challenges. For instance, evidence can be lost, and witnesses can die or move, making it harder to prove the case.
- Government Entities: If the liable party is a state or local government entity, then a shorter timeframe may apply.
Take Action Before the Deadline
Because of the very short time limits in Nevada’s statute of limitations, it is important to act quickly if you believe you have a personal injury or wrongful death claim. It can help to consult with an attorney as soon as possible to make sure your lawsuit is filed in a timely manner and that you are able to preserve your right to seek justice and compensation.
