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How long after a car accident injury can I file a lawsuit?

After a car accident, you may not immediately feel the effects of an injury or believe you walked away unscathed. However, if you discover later that you are injured, you may feel you missed your chance to seek help paying for your medical bills or lost work.

This is likely more common than you realize. Symptoms of a traumatic brain injury (TBIs), which is a common car accident injury, can take days or weeks to present themselves. What options do Nevada car accident victims have if they discover an injury later?

Statute of limitations

Nevada has restrictions for when victims can seek financial recovery for injuries, but they extend well beyond the day of the accident. The state allows victims a two-year window to seek damages for “an action for libel, slander, assault, battery, false imprisonment or seduction,” according to Nevada NRS 11.190.

Generally, assault is the fear of imminent harm and battery is actual harm, so either could be applicable for a car accident injury. If you saw the other car driving toward you before it hit you, that would likely be considered assault and battery, but if you never saw the car coming until you were suddenly hit, that would likely be considered battery.

In some cases, there may be an exception that allows you to seek damages beyond the two-year window. It may be worth consulting an attorney to find out if that is the case with your accident.

Victims do not have to feel their injury in the immediate aftermath of an accident to seek compensation for medical care, lost wages from missing work or their pain and suffering. If you were injured and need help, Nevada allows you to opportunity to get it.

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