How Long Do I Have to File a Lawsuit After a Motorcycle Accident?
In Nevada, you usually have two years to file a lawsuit after a motorcycle accident, according to NRS §11.190(4)(e). However, this deadline does not apply to everyone. Certain exceptions may give you more time to file a lawsuit against the at-fault party.
For instance, if you were injured as a motorcycle rider who was under the age of 18, you could be granted additional time from the age of majority to file a civil action. Additionally, if you were deemed “mentally incompetent” as a result of your accident, you could be given an extension once you have regained your faculties.
Yet, understanding how Nevada’s statute of limitations applies to your case can come with an array of challenges. This could be particularly true if you do not know who caused your accident. A Nevada motorcycle accident lawyer from our firm could help you understand how the state’s statute of limitations applies to your personal injury case.
Claims and Lawsuits Are Two Different Things
First things first, the statute of limitations does not necessarily apply to filing a claim. Your insurance company will have its own set of deadlines when it comes to filing your claim with them. Many insurers want to be notified of an accident as soon as possible so they can begin resolving the matter.
Nevada’s statute of limitations applies to lawsuits. However, most motorcycle accident cases are resolved outside of court. When thinking about how long you have to file a lawsuit after a motorcycle accident, consider that your case may not even make it to that point.
If the insurance company agrees to the requests outlined in your demand letter, then going to court may not be necessary. However, if they deny or “lowball” your claim, only then would you consider taking further legal action.
Penalties for Missing the Statute of Limitations
Time is true of the essence when it comes to your motorcycle accident case. This is because if the statute of limitations expires on your case, then you could forfeit your right to compensation. Upon filing your case outside of the two-year limit, the court may dismiss the matter, saying that you did not act within the appropriate amount of time, per the American Bar Association (ABA).
In this instance:
- The at-fault party may not have to pay for your damages.
- Your financial recovery options may be limited.
- Your insurance company may also have a two-year deadline. They may dismiss your claim on the grounds that you did not act in a timely fashion.
We can step in and help you manage the statute of limitations. First, we will conduct an evaluation of your situation, accounting for any aspects of your case that may give you more time to act. From there, we will build your case in accordance with how much time you have left.
The At-Fault Party in Your Case Could Affect the Statute of Limitations
If you were struck by another motorist, then the two-year deadline would likely apply to your case. However, this could be subject to change if you were struck by a government-owned vehicle, for example. In this case, you could have less than two years to file your lawsuit.
Again, we can explain whether any exceptions apply to your circumstances. If so, we can file a lawsuit to keep the statute of limitations from expiring on your case. While the civil process unfolds, we can continue fighting for an out-of-court settlement.
Call a Lawyer for Help with Your Nevada Motorcycle Accident Case
We want to use our experience and resources to help you recover the following:
- Loss of future earning capacity
- Past and future pain and suffering
- Past and future mental anguish
- Medical bills
- Lost wages
- Property damage costs
You may have as little as two years to file your motorcycle accident lawsuit. Failing to cooperate with this deadline could impede the financial recovery process. To explore your legal options in a free case review, call (702) 707-5934.