If you were involved in an accident, then you need to know about the statute of limitations. This is a law that sets a time limit on how long you have to file a lawsuit. And if you don’t file a lawsuit within the time limit set by the statute of limitations, then you’re out of luck. The statute of limitations can vary depending on the type of accident you were involved in.
For example, the statute of limitations for a car accident is usually three years. But if you were injured in a hit-and-run, then the statute of limitations might be different. This article will explain the basics of the statute of limitations and how it can affect your case.
What Is the Statute of Limitations?
Let’s start with the basics. The statute of limitations is the amount of time you have to take legal action on a certain issue. The clock starts ticking from the moment the event in question occurs. After that, you have a set amount of time to file a lawsuit or claim. If you don’t, your legal rights may be waived, and you will no longer be able to take action. However, some circumstances could affect the statute of limitations.
According to The 702 Firm, the court may decide that the standard timeline for an accident case does not apply, and in that case, the statute can be “tolled” or “paused.” These circumstances include if the victim was a minor if the victim was mentally incapacitated, or if the defendant left the state.
Examples of Statutes of Limitations
There are statutes of limitations for a variety of issues. Here are some examples:
- Personal Injury: 2 years in Nevada
- Breach of Contract: 4 years in Nevada
- Product Liability: 2 years in Nevada
- Assault and Battery: 3 years in Nevada
- Fraud: 6 years in Nevada
- Theft: 4 years in Nevada
What Are Your Rights?
Now that you know what the statute of limitations is, you’re probably wondering what your rights are. The good news is you still have plenty of time to take legal action. However, it’s important to understand that the sooner you act, the better. This is because evidence can disappear over time, and it may become more difficult to prove your case.
Additionally, witnesses may forget what they saw or heard. So, if you’ve been injured in an accident, it’s important to seek medical attention right away and then contact a personal injury lawyer to discuss your legal options.
What Are Your Responsibilities?
Just as there are rights, there are also responsibilities. It’s important to understand the statute of limitations for your particular case and take action accordingly. For example, if you were in a car accident and plan to file a personal injury lawsuit, you only have two years from the date of the accident to do so. If you don’t take legal action within that time frame, you may waive your right to do so.
Keep in mind that some circumstances can affect the statute of limitations. So, if you’re unsure about how the law applies to your particular case, it’s always best to consult with a lawyer.
Is the Statute of Limitations the Same in Every State?
No, the statute of limitations varies from state to state. This is why it’s so important to understand the law in your state. For example, the statute of limitations for a personal injury claim in Nevada is two years. However, in California, the statute of limitations is only six months. Also, some states give debt collectors long periods to sue for unpaid promissory notes. Debt collectors in Ohio and Kentucky, for instance, have 15 years to sue for unpaid promissory notes.
Statute of Limitations for Hit-and-Run Cases in Nevada
In Nevada, the statute of limitations for hit-and-run cases depends on the specific circumstances of the incident. Here are the key points to consider:
- Personal Injury Claims: Car accident injuries, including those related to hit-and-run cases, fall under the category of personal injury claims in Nevada. The statute of limitations to pursue a claim for personal injury is two years from the date of the accident.
- Pedestrian Accidents: Similarly, pedestrian accidents also fall under personal injury claims, and the statute of limitations for filing a lawsuit after suffering an injury is two years.
- Property Damage Claims: If the hit-and-run incident resulted in property damage, a separate statute of limitations allows three years from the date of the accident to file a claim.
- Minors Involved: If the victim of the hit-and-run is a minor, Nevada law allows the victim to wait until they turn 18 years old to file a claim, and then they have a two-year deadline to take legal action.
- Felony Hit and Run: A hit and run is considered a felony in Nevada if it results in bodily injury or death. In such cases, it’s a class B felony with a statute of limitations of two years to file a claim against the at-fault party.
In summary, the statute of limitations for hit-and-run cases in Nevada varies depending on the nature of the damages and the age of the victim, but generally, it is two years for personal injury claims and three years for property damage claims.
Final Words
So, if you’re planning to take legal action, it’s important to do so within the timeframe allowed by your state’s law.
In addition, it is also important to mention that not all debts are subject to statutes of limitations. For example, taxes, child support, and student loans are not typically subject to statutes of limitations. Your lawyer can help you determine if the debt you’re dealing with is subject to a statute of limitations.
The bottom line is that the statute of limitations is an important law that can impact your ability to take legal action. Suppose you’ve been injured in an accident or are facing any other type of legal issue. In that case, it’s important to understand the law in a particular state and the statute of limitations and take action accordingly. If you have any questions about the law or your particular case, it’s always best to consult with a lawyer.
