No one expects a sudden slip and fall accident to change the momentum or direction of their life, but falls are one of the most common causes of serious injuries, including the second-leading cause of traumatic brain injuries after car accidents.
When a property owner or business manager fails to promptly recognize and correct a slip and fall hazard like broken pavement on a walkway, icy steps, or a puddle caused by a leaking pipe, they are responsible for the damages to a slip and fall victim, including compensation for medical expenses, lost wages, and pain and suffering.
It’s not uncommon for a slip and fall victim to wait some time before filing a lawsuit. Often, they make this decision once the full financial damages from their injuries become clear. But how long is too long to wait to file a slip and fall claim in Nevada?
A slip and fall attorney in Henderson can help you understand your legal rights and ensure you take action within Nevada’s statute of limitations.
Understanding the Statute of Limitations for Slip and Fall Accident Claims In Nevada
Like all states, Nevada limits the amount of time an injury victim has to file a claim. This statute of limitations serves several purposes. It helps ensure that evidence is still available if a case goes to court and eyewitness testimony remains reliable. It also protects defendants from living under the indefinite threat of a lawsuit.
Nevada allows injury victims—including slip and fall victims—up to two years after the accident date to file a petition to take a lawsuit to court. Because insurance companies are aware of this time limit, they typically do not accept compensation claims filed after that date. If an injury victim waits too long to file a claim, they may lose bargaining power during negotiations because the insurance adjuster assigned to the case knows the injury victim cannot pursue litigation past that date.
Are There Exceptions to the Two-Year Time Limit for Slip and Fall Accident Claims in Nevada?
Most slip and fall accident claims fall under the time limit of two years past the date of the fall; however, Nevada courts allow some exceptions. If a fall victim believes they aren’t injured, but two months after their fall, a doctor diagnoses their nagging back ache as a fractured vertebrae that requires surgery and rehabilitation, the court may accept a case within two years of the date the injury victim discovered the injury or should reasonably have discovered it.
If a slip and fall victim is incapacitated for a significant period after their accident—for example, if they are unconscious or comatose from a traumatic brain injury—the two-year statute of limitations begins on the date they recover their cognitive abilities.
Finally, if a slip and fall accident occurs to a minor, they have until two years after their 18th birthday to file a claim.
When Is the Best Time to File a Claim or Lawsuit After a Slip and Fall Injury In Nevada?
A property owner’s insurance company may reach out quickly to the victim of a slip and fall accident in Nevada with an early settlement offer. This is usually for far less than the full value of the claim and intentionally offered before the injury victim knows the full extent of the damages they’re facing. Signing a settlement offer requires signing away the right to a lawsuit.
It’s always beneficial to hire a personal injury lawyer before accepting an early settlement offer and then direct all communication with the insurance company to your lawyer.
Most attorneys recommend a reasonable timeline for filing a claim and negotiating the best possible settlement. They do this once they’ve consulted with medical experts to determine the future financial damages you can expect, a timeline for when you can return to work, and information about the amount of pain and suffering you’re likely to experience.
This helps to maximize the compensation on your claim through a well-timed, well-executed compensation claim within Nevada’s two-year statute of limitations for slip and fall injuries.
Before accepting any settlement offer, it’s crucial to contact a Henderson personal injury attorney who can evaluate your case and protect your rights.