As the most experienced Las Vegas personal injury lawyers will tell you, as you embark on a personal injury case, you will embark on a legal education at the same time.
While many rulings and technicalities may stump and baffle you, the provision of “discovery of harm” is logical and straightforward. It also might have great implications for your personal injury case. Let the Las Vegas personal injury lawyers at Greenman, Goldberg, Raby and Martinez explain why.
First, recognize your time limit
You may already be familiar with the legal rule known as the statute of limitations. This means you have a limited amount of time to file a personal injury lawsuit as a result of the negligence to another person. The “clock” usually starts running from the day you sustain an injury. If the clock runs out, you cannot file a personal injury lawsuit to receive compensation for your injury, even if you believe you could prove someone else’s negligence caused your injury.
The primary rationale behind the statute of limitations is to expedite legal resolutions. Common sense also dictates if you wait too long to file a personal injury lawsuit, important evidence might be lost. Over time, witnesses’ recollections dim; key witnesses may become unreachable or have moved out of the country, thereby imperiling your case. The statute of limitations is designed to ward off these possibilities, too.
In Nevada, the statue of limitations for personal injury lawsuits is usually two years. If you try to file a lawsuit after this time limit, a court will most likely refuse to hear your case — even if you have the most skilled Las Vegas personal injury lawyers at your side.
Enter discovery of harm
Only one compelling factor could alter that reality, and this is the discovery of harm. As its name implies, if you discover harm was done to you after the two-year window has closed, you could in fact proceed with a personal injury lawsuit. The discovery of harm provision essentially extends the statute of limitations.
As you might expect, the discovery itself will come under scrutiny – as it should. In other words, a judge may focus intensely on why the injury – or the nature or scope of the injury – wasn’t discovered sooner.
Succeeding with the discovery of harm provision is far from routine, and it’s never automatic, as the most adept Las Vegas personal injury lawyers know. Your own diligence and sense of responsibility will be subject to scrutiny. For example, if you chose to ignore symptoms and delayed seeking medical treatment for three or four years, you could be barred from filing a personal injury lawsuit.
Contact the Las Vegas personal injury lawyers
You can count on the Las Vegas personal injury lawyers at Greenman, Goldberg, Raby and Martinez to explain how the discovery of harm rule might alter the outcome of your personal injury case. Call 702-388-4476 for a free consultation – and follow the lead of thousands of Nevada residents who have placed their trust in this premier personal injury legal team.