After a car accident, it will often feel like you now face many responsibilities in a short period of time. It may be even more overwhelming if you were injured in the accident. However, if you want to seek compensation for your injuries, it’s essential to take steps toward filing a claim and lawsuit right away.
Claim vs. Lawsuit
Filing a claim is different from filing a lawsuit. In the instance of a car accident, filing an insurance claim is a request to your insurance company for coverage or compensation resulting from the accident.
Filing a personal injury lawsuit is a process by which a court of law decides a legal dispute that arose when one person suffered harm from an accident, and someone else might be legally responsible for that harm.
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Statute of Limitations to File a Car Accident Lawsuit in Nevada
When filing a personal injury lawsuit, the Nevada statute of limitations on car accidents is exactly two years from the date of the accident. It is important to contact an attorney within this timeframe if you want an opportunity to receive compensation from the at-fault party.
The same two-year statute of limitations under NRS § 11.90 applies in wrongful death car accident cases. In this situation, the lawsuit must be filed within two years from the date of the accident victim’s death.
How Long Do I Have to File a Car Accident Claim in Nevada?
If you are involved in a car accident, it is your responsibility to report the accident to your insurance company. A deadline for filing an auto insurance claim is the amount of time that passes between the car accident and your commencement of the claims process.
However, the state of Nevada has no general deadline for how long you have to file a claim with your insurance company following an accident. Certain states, such as New York, have a specific law requiring that an auto insurance claim is filed within 30 days from the accident. However, Nevada and the majority of other states have no such deadline.
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Insurance Company Claim Deadlines
Some insurance companies have actual claim filing deadlines written into their policies, so it is always wise to check your specific policy following an accident for any deadlines.
If your policy does not have a hard deadline, however, it is recommended to tell your insurer about an accident “promptly” or “within a reasonable time” after the accident. This typically means no more than a few weeks.
It is good practice to tell your insurer about a car accident as soon as possible – the sooner you get in contact with your insurer about filing a claim, the easier it is for the insurance company to investigate your claim and detect liability, and the closer you are to receiving a settlement.
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When Should I Contact a Car Accident Lawyer?
It is also best practice to contact a personal injury lawyer shortly after an accident to ensure the insurance company is not taking advantage of you in an attempt to keep their costs low. Insurance companies are notorious for issuing settlements to car accident victims that are significantly less than the compensation they deserve.
Speaking with a skilled legal professional to assess your potential for a civil lawsuit is imperative to ensure you receive a fair settlement. Call Van Law Firm or contact us online to schedule a free consultation and discuss your case with experienced attorneys who will fight for you.
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