Winchester, NV Personal Injury Lawyer

There is no shortage of ways to get injured in Winchester. However, you deserve compensation if another person is responsible for your damages.

Our lawyers can determine how long you have to file your lawsuit, depending on your accident, and collect evidence against the liable parties. Our team will gather accident reports, medical records, photos, surveillance footage, and any other evidence necessary to prove your claim. This evidence will help us show how the defendant was careless, how it led to your injuries, and the financial and non-economic losses they caused.

For your free case review with our personal injury lawyers, call Mitchell Rogers Injury Law today at (702) 702-2622.

When You Must File a Personal Injury Lawsuit in Winchester, NV

When someone is negligently injured in an accident, a time limit to file a lawsuit, known as the “statute of limitations,” typically starts running. Most personal injury victims in Winchester and throughout Nevada will usually have just two years from the moment they are hurt to file their claims under NRS 11.190(4)(e).

This time limit applies to most kinds of accidents that our personal injury lawyers commonly handle, including:

  • Car accidents
  • Commercial truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Defective product accidents
  • Dangerous premises accidents
  • Dog bites
  • Wrongful death

Two years go by quickly, so starting your case immediately is wise. Victims who file after the deadline passes will not have their cases heard, losing out on the compensation they need to recover.

Other types of cases might have a longer limitations period, and some exceptions can extend the deadline. However, you should let our team determine the filing time limit.

Intentional Injury Cases

You also have two years to file a civil claim for intentionally caused injuries under 11.190(4)(c). These personal injury claims are known as “tort” lawsuits.

For instance, assault and battery victims can file for civil damages whether or not criminal charges are filed. However, the two-year clock will usually be paused until the criminal case concludes if the liable party is prosecuted.

You can also sue for false imprisonment. Perhaps a hotel or casino falsely detained you and would not let you leave. If so, you might have a claim against them.

Medical Malpractice Cases

The statute of limitations on medical malpractice cases changed in 2024 to allow victims more time to file but the new rules can be a bit confusing.

If your healthcare provider injured you on or after October 1, 2002, but before October 1, 2023, you have three years to file a medical malpractice lawsuit under 41A.097(2). Victims who discovered their injuries during this timeframe, or reasonably should have, but after the limitations period closed, have one year from the date of discovery to file a claim.

Those injured on or after October 1, 2023, also have three years from the date of the malpractice to file a lawsuit, but have two years from the date they discovered the harm if they learned of it later.

Extending the Statute of Limitations

The statute of limitations can be paused in certain injury cases.

For example, a tourist might have injured you while visiting Las Vegas, but left the state before you could sue and will not return. Under 11.300, the statute of limitations will not run while they are absent from the state.

People with legal disabilities will also have the time limit suspended until the disability no longer prevents them from exercising their rights. Recognized disabilities under 11.250 include:

  • Being younger than 18 years old
  • Insanity

“Insanity” here typically refers to any legally recognized physical and mental disabilities.

Once the disabilities are removed, these injury victims will usually have two years to file a lawsuit.

Proving a Personal Injury Lawsuit in Winchester, NV

To recover compensation, you need evidence of your injuries, the defendant’s liability, and the damages they caused. Our team can help you track this evidence down, which will likely come from various sources.

Accident Reports

Accident reports are often crucial pieces of evidence, especially in insurance negotiations. After an accident, like a car crash, you should report it to the police. They will draft a report that we can obtain, which will contain the defendant’s information and potentially lead to other types of evidence, such as witnesses.

If you were injured on another’s property, like a casino, report it to someone with authority. Most businesses will write internal reports that we can gather after filing your claim.

Medical Records

You will need medical records to prove that your injury and treatment were accident related. They will also help us calculate your current medical expenses and determine future losses based on your treatment plan.

It is best to go to the emergency room right after your accident. After that, follow your treatment plan and attend any medical appointments your healthcare providers order. If medical records are missing, your compensation will likely be lower.

Physical Evidence

We can also submit physical evidence if it is practical to bring to court. For instance, if you were injured by a defective product, like a microwave, we will use the product as evidence. Experts can then testify, explaining the product’s flaws and how it injured you.

Photos

When physical evidence cannot reasonably be preserved for court, you can use photos instead. For example, your car obviously cannot be brought to court and will likely be repaired soon after the accident. By taking photos of the damage while on the scene, you will preserve the evidence for your case.

Video

Video evidence can be highly persuasive if we can find it. Your accident might have been captured by a business’s security system, especially if it happened near a casino or inside the business.

However, security footage rarely last long, especially if it is in the defendant’s possession. If we act fast, we can send a preservation letter so they hold onto and pass over the footage.

Call Our Personal Injury Attorneys in Winchester, NV Now for Help

Contact Mitchell Rogers Injury Law at (702) 702-2622 for a free case assessment with our personal injury attorneys.