A statute of limitations is a critical aspect of any legal action. More than just a mere expiration date, failure to initiate a lawsuit by a statute of limitations can forever bar a claim.
Many accident victims do not think of consulting an attorney as one of the first steps that should be taken after suffering injuries. Instead, many accident victims believe that there is plenty of time for a lawyer to handle a claim or file a lawsuit after injuries have healed. Unfortunately, this cannot be further from the truth. The state of Nevada, like other states across the nation, have statutes of limitations which place an expiration date on your claim. Generally, a statute of limitation is a hard deadline.
Why Limit Claims?
The purpose behind a statute of limitations is to provide ample time for an injured victim to gather information and litigate a case while at the same time protecting a potential defendant from facing a lawsuit decades later. Another reason for a time limit on these claims is that the more passage of time, the more likely that evidence will be lost or inadvertently destroyed. Moreover, witnesses will be difficult to find, and memories of the incident will become unreliable.
Types of Cases
Under Nevada law, there are different statutes of limitations depending on the type of case. When it comes to personal injuries, the deadline to file a lawsuit is two years from the date of the accident or the date the injured party discovered, or should have discovered, the injury. Other statutes of limitations for different types of Nevada cases include:
- Personal injury – 2 years
- Wrongful death – 2 years
- Property damage – 3 years
- Defamation/slander/libel – 2 years
- False imprisonment – 2 years
- Product liability – 4 years
- Fraud – 3 years
- Medical malpractice – 1 year
- Malpractice (other) – 2 years
- Breach of contract (verbal) – 4 years
- Asbestos exposure – 1 year
- Construction defect (injury or death) – 6 years
- Breach of contract (written) – 6 years
Pausing the Deadline
There are special rules for minor children who are injured according to Nevada law. Specifically, the statute of limitations is paused or “tolled” while a plaintiff is a minor (except for medical malpractice claims) until the injured party becomes an adult. Other circumstances when a statute of limitation is paused under Nevada law includes:
- When an attorney, accountant, or veterinarian conceals an unlawful act and the plaintiff did not know, or should not have known, about the act;
- When one of the parties being sued is a lawful citizen of a country that the U.S. is presently at war with;and
- When a court judgment is reversed, any claims arising out of the reversal are given more time.
Do Not Wait
Before determining whether or not too much time has passed for you to file a lawsuit for your injuries, contact the knowledgeable Nevada attorneys at H&P Law.
