The basics of the Nevada accident injury laws are governed by the fact that when one person or party causes damages, in this case an injury, to another person or party, the injured can seek compensation for those damages in civil court.
There are many ways that an accident can happen where another person is injured. When thinking about accident injury laws, the most common form of case that comes to mind would be an automobile accident. In fact, according to the Las Vegas Review Journal, 2022 was the 5th most dangerous year for Nevada drivers. 2022 saw 382 deaths on the road, which was only 3 more than the year before. With that many fatalities, there were many more injuries that occurred, from minor bumps and bruises to severe life altering trauma.
Understanding the laws and procedures that surround a personal injury case can be difficult. However, there is some basic terminology, when understood can help you navigate the injury claim process.
Negligence and Failure to Use Reasonable Care
If you find yourself embroiled in a personal injury case, you will hear the term “negligence” used quite often. Cornell Law School defines negligence as “failing to act with a level of care that a person would normally exercise under the same circumstances.”
This means that someone can be found to be negligent if they knew very well that the speed limit was 55 mph, and was traveling 80 mph, or failed to see the clearly posted speed limit signs, while another person, who is using “reasonable care” both knew what the speed limit was, and was traveling the speed limit with due care.
There are four primary elements that need to be met in order to prove negligence in court. Theses elements are as follows:
- that the defendant owed the plaintiff a “legal duty.”
- that the defendant violated that legal duty,
- that the plaintiff suffered injury or damage, and
- that there is proof that the defendant’s violation of the proven legal duty caused the injury or damage to the plaintiff.
The Nevada Statute of Limitations and Your Injury Claim
Every state in the U.S. has a strict timeline for how long, after the date of the injury, you have to file a formal complaint for damages in court. This timeline is referred to as the “statute of limitations.” If you try to sue for damages after the statute of limitations has expired, your case will likely be dismissed.
In Nevada, the statute of limitations for personal injury claims is governed by Nevada Revised Statutes Chapter 11, specifically NRS 11.190. According to this statute, you have 2 years to “to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.” This means that you will have 2 years to formally file a complaint in court to recover damages from the injury causing accident.
Keep in mind, if you were to hire a personal injury lawyer to negotiate a settlement with the insurance agency of the liable party, they will need time to collect all of the evidence and compose what is called a “demand letter,” to send to them. If you wait a year before hiring your lawyer, due to the Nevada accident injury laws, you are restricting the time your attorney will have to negotiate out of court. The insurance agencies will likely use this restricted time frame to their advantage.
Leveraging the Nevada Accident Injury Laws to Get a Settlement
The first goal in most personal injury cases is to use all the evidence surrounding the accident to prove to the legal department of the insurance agency that they will surely lose if the case went to court. This is done by presenting the evidence in a way that clearly shows it was the insured fault that the accident occurred and that they are liable for your injuries.
If this is done correctly settlement negotiations will begin. These negotiations can take some time, depending on the situation. However, getting a fair and equitable settlement without having to pay the lawyers fees for going to court is the very best option in personal injury cases. If your lawyer cannot negotiate a fair settlement, then a formal complaint will be filed in court, and litigation will begin.
Here at Justice Law Center, we have been fighting for fair compensation for injured Nevada residents for over 25 years. We offer free consultations and only take our fees out of the money we fight to get awarded to you.
Call us today!