Statute of Limitations for Personal Injury Lawsuits in Nevada
When you suffer an injury that could be the fault of another person, business, or equipment, you may be entitled to compensation for your medical bills, lost wages as well as pain and suffering, according to Las Vegas injury attorneys. One thing you need to keep in mind is the statute of limitations for filing a claim with the insurance company or in court.
What is a Statute of Limitations?
In each state, there is a statute of limitations on when you can cases can be filed. A lawsuit for a personal injury is considered a civil trial, while a court case related to a crime is known as a criminal trial. Each type of case may have a different statute of limitations, which is the legal period in which you can take certain types of legal action. For example, there is no statute of limitation on murder in Nevada, which means if you commit the crime, you can be taken to court even if the crime is 20 or 30 years old. Most criminal and civil acts, however, have time limits for Las Vegas personal injury lawyers to file a case.
Nevada Personal Injury Statute of Limitation
There are several different statutes of limitations that apply to personal injury in Nevada as of the date of the writing. If you were injured as a result of negligence, the statute of limitations is two years. If a loved one dies due to negligence of someone else, the statute of limitations is also two years. There are exceptions, however. If a defective product caused the injury, you have four years to file your claim while a medical malpractice injury has a much shorter statute of limitations.
When the Injury was Discovered
Las Vegas injury attorneys point out that the statute of limitations begins counting when you knew or should have known of your injury, not necessarily from the date of an actual accident. For example, mesothelioma, a type of cancer caused by asbestos exposure, can remain dormant for 50 or 60 years before it is discovered. However, if you are involved in a car accident, the courts will say that you “should” have known of your injury the day it happened, not four or five years later. Therefore, you should file your claim as soon as possible.
Malpractice cases are treated slightly differently in Nevada, Las Vegas personal injury lawyers say. In Nevada, generally, a malpractice place must be filed within three years of the damage or one year after you either discover, or should have discovered, you were injured, whichever is earlier. When it comes to children under the age of 18, the statute of limitations may be “tolled” or suspended until the child is 18 under certain circumstances.
If you or a loved one has been injured in an accident or a loved one has died of injuries sustained through someone else’s negligence, contact The Schnitzer Law Firm by calling 702-960-4050, emailing Contact@TheSchnitzerLawFirm.com or fill out the secure online form to learn more from one of the best Las Vegas injury attorneys.