The statute of limitations for premises liability cases in Nevada is two years. If you want to recover compensation from whoever caused your accident, it is imperative that you file your case within this deadline.
That said, there might be exceptions or extensions that apply to your case. You may want to consult a Nevada premises liability lawyer who can figure out what to do in your specific situation.
How Does the Statute of Limitations Work?
You can find the statute of limitations at NRS § 11.190(4)(e). This law dictates when a person can sue after a personal injury. This is how it works:
- The moment your accident happens, you become subject to the statute of limitations. You have two years from the accident date to file a case.
- Within these two years, you should seek medical care for your injury. It is also important to promptly document both your injury and the place where the injury occurred, as some evidence can become unavailable with time.
- Also, within these two years, you will have to collect evidence to prove your case and then file the appropriate paperwork with both the liable party and the court. You have the right to hire a personal injury attorney to help with these tasks.
This statute also applies to wrongful death cases. If you lost a loved one in a premises liability accident, you can file a wrongful death lawsuit within two years of their passing (as opposed to the date of injury, which is standard in personal injury cases).
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What if the Statute of Limitations Passes, and I Haven’t Filed My Case?
Once two years pass from your injury date, your right to fair compensation has expired. By not taking legal action within the deadline, you tell the Nevada legal system that you have no interest in filing a case for compensation.
While it is always best to start your case as soon as you can, you may still have legal recourse if you believe the statute of limitations has expired. For instance, a premises liability attorney could possibly:
- Evaluate your case and determine whether the deadline has truly expired
- Convince the court that you had a good reason for missing the deadline and that it should grant you an extension
- Find an exception that would give you more time to file your case
It may be difficult for you to think about legal matters when you are still trying to recover from a serious accident. Fortunately, there are premises liability attorneys who can manage your case and ensure everything gets done within the appropriate timelines.
By Adhering to the Statute of Limitations, You Can Seek These Damages
Anyone who files their premises liability lawsuit on time is eligible for compensation to cover past, present, and future damages. The damages you recover will depend on how the accident has affected your life. Some of the most common types of damages include:
- Medical bills
- Loss of income
- Loss of earning capacity
- Pain and suffering
- Impaired quality of life
- Disability
- Loss of consortium
Two years should be sufficient time for your lawyer to establish the severity of your losses and calculate a fair amount of compensation to seek from the at-fault party.
How Much Is Your Legal Claim Worth?
That depends on how badly you were injured and how much you lost/expect to lose because of the accident. A Nevada personal injury lawyer can work quickly to determine your case’s value before the statute of limitations expires.
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What Goes into Building a Successful Premises Liability Case?
Every case requires strong evidence proving that the liable party behaved negligently and that this negligent behavior caused your injuries. There are a few reasons to file as soon as possible as you are collecting evidence for your case:
- Evidence does not last forever
- It is easier to find evidence soon after the accident occurred rather than months or years later
- The quality of evidence—such as witness testimony or the amount of surveillance footage available—may degrade over time
Your premises liability lawyer can build a case by using materials from:
- Medical records
- Surveillance footage
- Cell phone photos and videos
- Eyewitness testimony
- Expert statements
- Records kept by the property owner regarding things like prior complaints and recent repairs
- Police records, if the authorities were called to deal with your accident
- Bills, receipts, and paystubs that demonstrate your financial losses
Your attorney may have to request these materials from other parties, including the liable party. You want to ensure that your lawyer has adequate time to request these materials and use them to build your case.
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What Counts as a Premises Liability Case?
Premises liability is often used synonymously with slip and fall cases, where an injury victim falls because of a spilled liquid or a slippery floor (e.g., one that was just polished).
However, while slip and falls are a type of premises liability case, there are many other types of accidents that could qualify you for compensation via a personal injury lawsuit, including:
- Trip and fall accidents, such as those caused by uneven floors
- Accidents caused by falling objects
- Drowning accidents caused by improperly built or guarded swimming pools
- Dog bites caused by the owner’s failure to contain or train their animal
The statute of limitations for premises liability cases in Nevada is the same as it is for most other kinds of personal injury cases. Therefore, even if your case does not constitute a premises liability case—for instance, maybe you were involved in a car accident instead—you still have the same amount of time to file your lawsuit.
Start Your Premises Liability Case With Us
If you contact the attorneys at Van Law within the statute of limitations for premises liability cases in Nevada, we can help you fight for the compensation you deserve. Our personal injury law firm works on a contingency-fee basis, and your initial consultation is free.
Our legal team is standing by for your call, so don’t wait! Your time is running out; contact us today so we can get started on your case as soon as possible.
No obligation consultations are always free.
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