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is exceptionally pleased to serve the citizens of the Las Vegas Valley. He has ties to the Las Vegas community spanning over 30 years...
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Statute of Limitations
What Is A "Statute of Limitations"
In personal injury law, a statute of limitations limits the amount of time you have to file a lawsuit for wrongful conduct. If you wait until the statute has passed, you may be prevented from seeking money damages or other relief. There are, of course, exceptions to statutes of limitations.
For example, you may have been wronged by one incident and it appears your claim is “barred”, or is too late to pursue. You may be legally prevented from bringing that particular claim but have an entirely different claim that could still be pursued.
It is best to contact one of our experienced attorneys with your particular matter to make sure you are not giving up valuable rights. In general, these are the following time limits for seeking relief:
Professional Malpractice: Legal malpractice is 4 years. Veterinary malpractice is 4 years. Medical malpractice actions must be filed within three years of the date of the act or omission giving rise to the injury, or within one year of the date the injury was or should have been discovered, whichever is earlier.
Personal Injury: 2 years
Fraud: 3 years
Libel / Slander / Defamation: 2 years.
Injury to Personal Property: 3 years.
Product Liability: 4 years.
Contracts: Written: 6 years; Oral, 4 years.
When does the Statute Start Running?
Generally, a statute of limitations starts running at the time the injury is suffered. It is possible to extend this period of time if a person did not or could not reasonably possibly know the cause of his injury.
Depending upon what happens during the course of investigating your case, it may be possible to argue that the statue should start running when you knew or should have known of the cause of your injury.
If you think this may apply to your rights, we are happy to have a confidential discussion with you at no charge.
Tolling of the Statute of Limitations
Statutes of limitation can also be tolled, meaning something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).
Under Nevada law, except in cases of medical malpractice, the statute of limitations begins to run on a minor's eighteenth birthday. For medical malpractice actions, Nevada parents are generally responsible for bringing an action on behalf of a minor child within the limitations period. However, in cases where malpractice results in either brain damage to a minor, or in a birth defect, a lawsuit that would otherwise be time-barred may be filed at any time prior to the minor's tenth birthday. Where a minor's injury results in sterility, the action must be filed within two years of the date the injury was discovered.
A statue of limitation may be shortened by agreement with another party. Specifically, employment contracts usually limit the time period you have in which to bring a wrongful termination claim. If you think you may have entered into an agreement of this type, please bring any relevant documents with you to our meeting.