What is the Statute of Limitations or Time Limit for an Accident or Personal Injury Case?

In every jurisdiction that I know of, you have time limits on your personal injury or auto accident claim. In other words, let's say that you get injured in an accident on November 10, 2006. Even though you did not cause the accident, if you do not settle your case or file a lawsuit by a certain date, you will barred or blocked from ever seeking a financial recovery in the future. That time frame is known as the statute of limitations.

Statutes of limitations are usually set by the legislative branch of the government, state or federal.

KNOWING THE ACCURATE STATUTE OF LIMITATIONS ON YOUR CASE IS EXTREMELY IMPORTANT AND USUALLY REQUIRES SOUND LEGAL ADVICE!

Most states have different time limits for different kinds of cases, and these time limits can change over time. Take the the state where I practice as an example, Nevada, where I have practiced law as a Las Vegas Personal Injury Lawyer for the past 17 years:

You have two (2) years to file a personal injury claim in Nevada, usually. But there are exceptions that make the time frame either longer or shorter. Using our example of November 10, 2006, if you are an adult and were injured, you have until November 10, 2008 to settle or file suit. That is actually two years and a day if you think about it, but the courts allow it.

If you are a minor (under 18 years of age) and are injured, you have until two (2) years after the age of majority, so in other words, you have until you are 20 to settle your claim or file suit.

Sometimes, you only have one year in Nevada. For example, in medical malpractice claims, the time frame was shortened to one year from the date you knew or should have known of the malpractice. It used to be two years. Also, if a person dies from natural causes after being in an accident, the heirs only have one year from the date of death in which to settle the claim or file suit (maybe less time if the person died less than a year before the two-year statute of limitations).

There is no forgiveness in the law for missing a statute of limitations deadline. Unless a riot or civil unrest occur, or maybe a natural disaster (think Katrina), if you miss the deadline, your case is over.

Seek the advice of an experienced Las Vegas Accident Attorney or wherever you live in obtaining correct time limits that apply to your case.

Tags: 17 years, 18 years, accident claim, auto accident, different kinds, exceptions, heirs, jurisdiction, medical malpractice, personal injury claim, personal injury lawyer, statute of limitations, statutes of limitations, time frame, time limits