Is There a Time Limit on Filing a Spinal Cord Injury Claim?

May 31, 2023 Spinal Cord Injury

Suffering a spinal cord injury can have life-altering consequences, both physically and financially. If you or a loved one has experienced such an injury due to someone else’s negligence or wrongdoing, you may be entitled to compensation. However, it is important to understand that there is a time limit, known as the statute of limitations, within which you must file a spinal cord injury claim.

The Nevada Statute of Limitations for Spinal Cord Injury Claims

Spinal cord injury claims often fall under the umbrella of personal injury. A personal injury lawsuit is a claim filed against another party to recover compensation for injuries caused by negligence or intentional actions. 

In Nevada, personal injury victims must file their lawsuits within two years from the date of their injury. This same filing deadline applies to cases involving product liability and wrongful death; for the latter, the statute of limitations is two years from the date of the victim’s death. If your loved one suffered a fatal spinal cord injury, make sure to contact a wrongful death lawyer in Las Vegas, NV.

In some cases, spinal cord injuries are caused by the negligence of a medical professional and the victim may want to pursue a medical malpractice claim. For these lawsuits, the statute of limitations is three years from the date of the injury.

Why Would You Want to File a Lawsuit After a Spinal Cord Injury?

Spinal cord injuries are some of the most severe and life-changing forms of harm that a person could experience. Living with a spinal cord injury can be extremely difficult; in addition to the physical changes, you can suffer from emotional distress and mental anguish. You may need to pay thousands if not millions of dollars in lifetime care costs, and your ability to work can be limited.

Filing a spinal cord injury lawsuit allows you to seek compensation for the damages you have suffered, which can include medical expenses, rehabilitation costs, lost wages, pain and suffering, and more. This financial support can be crucial in helping you rebuild your life and cover the expenses associated with your injury.

Additionally, filing a lawsuit holds the responsible party accountable for their actions. It sends a message that negligence and recklessness will not go unpunished. It also provides a sense of closure and justice for you and your loved ones.

What Happens If You Miss the Filing Deadline?

If you do not file a spinal cord injury lawsuit within the specified time frame, the court will most likely dismiss your case. You would not be able to recover compensation for your medical expenses, lost wages, and other damages. 

There are certain exceptions to the statute of limitations, but they do not apply to every case. For example, if the defendant leaves the state of Nevada for a period of time, his or her absence will not be counted toward the two-year limit. 

For these reasons, it is important to contact a Nevada spinal cord injury lawyer right away to initiate your claim. An attorney can assess your case, identify the appropriate deadline, and help you take your first steps toward justice. Schedule a free consultation as soon as possible following your accident to discuss your potential claim.