The statute of limitations (SOL) is the most important legal deadline for your personal injury lawsuit. If you fail to comply with it, even a strong case for negligence could be lost. The SOL varies from state to state, and calculating the time to file a lawsuit can be complex. The best way to protect your case and recover compensation for your damages is with a Las Vegas personal injury lawyer from Valiente Mott.
What is the statute of limitations for Las Vegas injury claims?
In Las Vegas, the statute of limitations for a personal injury case generally expires two years from the date of your accident. In cases where these injuries are fatal, there is also a two-year statute that applies to wrongful death claims as well.
However, the time you have to file a lawsuit can vary depending on the nature of the injury. For example, the deadline might not be as clear in medical malpractice cases, which is one year from when you discovered the injury or three years from the date the healthcare provider caused it—whichever is sooner.
What happens if the statute of limitations expires?
There are consequences tied to the statute of limitations. If you violate it and wait too long to file your lawsuit, you can expect the defendant to file a motion to dismiss your case with prejudice. In other words, the court may have little choice but to dismiss your case, which can apply to even the strongest negligence cases. Not only could it result in a dismissal, but a dismissal with prejudice bars you from ever filing the lawsuit in the future.
Once your case is dismissed with prejudice, you are out of options for seeking compensation. The other side is not obligated to negotiate a settlement with you because you can no longer pursue legal action against them.
The most important step you can take to avoid these consequences is to work with our personal injury attorneys in Las Vegas to protect your interests. We can ensure your lawsuit is filed in time.
Schedule a free case evaluation with our team at Valiente Mott
If you were injured through no fault of your own, you might have viable grounds for a personal injury claim. However, you must comply with the statute of limitations to recover the damages you deserve. Our team at Valiente Mott is ready to help you pursue justice. Our efforts start with ensuring your case complies with the SOL. Reach out as soon as possible to schedule your free case evaluation.
