Have you ever seen a commercial on tv telling people they can sue a certain company if they’ve been hurt? You think to yourself – I used to be on that medication – maybe I was injured? The problem is, you haven’t been on the medication for over five (5) years. Chances are, if the medication harmed you, there would’ve been signs a long time ago. Plus, there are laws that require you to file a lawsuit by a certain deadline. This is called the statute of limitations.
No matter where you live in this country, you have to abide by certain laws. Just like there are criminal laws saying what you can and can’t do, there are civil laws. These laws are called statutes. For example, the law states that you need to file suit in the state where an injury happened. So, if you got into a car accident in Oregon, you’d probably have to file your lawsuit in Oregon. Or, if you were bitten by a neighbor’s dog, you’d want to look at your local dog bite laws to see if you might have a claim for damages.
An important set of laws has to do with how long a plaintiff has to file a lawsuit. The statute of limitations in Nevada for a car accident or personal injury is two (2) years. This means you only have two years from the date of an accident or injury to file a lawsuit. And the courts will hold you to that timeframe. If you take a day too long, your case will be dismissed. This is why it’s so important to call and talk to an injury lawyer in Las Vegas early on. If you wait too long, they may not be able to help you at all.
Why is There a Statute of Limitations, Anyway?
A lot of people don’t realize why the courts have a statute of limitations. There are lots of reasons for this. First, the courts don’t want cases hanging around for years or years. If you have a valid claim, you need to act on it. Two years is plenty of time, in the court’s opinion, for you to suss out any defendants and file your lawsuit.
Another reason for the statute of limitations has to do with fairness. Even if a defendant may have done something wrong, they shouldn’t have to wait on tenderhooks for years. If you’re going to sue them, you need to do it within a reasonable amount of time. This way, they’ll still be able to create a defense. Once evidence gets too stale, they may not have a fair chance of fighting the charges alleged in your civil suit.
Finally, the courts need to keep cases fresh. In order for a jury or a judge to adequately determine the outcome of the case, it can’t be too old. When evidence gets old, it can lose its probative value. Witnesses disappear. People die. In order for a factfinder to have a reasonable chance of determine the outcome in a case, they need it to be relatively recent.
What Happens if You Miss the Statute’s Deadline in Las Vegas?
If you miss the deadline of two (2) year for your personal injury case, your case will be dismissed. Even if a judge doesn’t automatically dismiss the case, the defendant will more than likely file a motion to dismiss it. If they do this, the judge will have to grant it. There are very few exceptions to this rule. Once you’ve exceed the deadline imposed by the statute of limitations, your case will be worth nothing.
Call an Experienced Personal Injury Lawyer in Las Vegas Sooner Rather than Later
If you’ve suffered any sort of personal injury, you’ll want to call an experienced Las Vegas injury law firm now. You don’t want to wait too long. Some people think that, if they wait long enough, the defendant will do the right thing. Or, they may think the insurance company is just holding out to pay your claim until you agree to take a lesser amount. Even if either of these things are true, it won’t change your statute of limitations. The judge isn’t going to extend the statute period because they feel bad for you. No matter what the excuse, odds are, the judge will dismiss your case. That’s why you should call and schedule your free initial consultation today.