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How Long Do I Have To Hire An Attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.

In Nevada, an action for personal injury or wrongful death generally must be brought within two years from the date when the cause of action accrues. In most cases the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. Any medical malpractice action for personal injury or death must be brought within four years from the date of injury, or two years from the date the injury was or should have been discovered.

The above limitation periods are tolled when the claimant is a minor or mentally incapacitated. In most cases, when the disability exists at the time the cause of action accrues, the action may be brought within the above time limits after the disability is lifted. In a medical malpractice action, claims by a parent or guardian on behalf of a minor are governed by the above limitations. However, when a minor suffers brain damage or birth defects, the period is extended until the minor reaches the age of ten and a claim for sterility may be brought within two years from the child discovering the injury.

Other Nevada Personal Injury FAQs

  • Q: Who Is Responsible When A Person Is Injured? 5 Star Rating
    A: The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. … More
  • Q: How Do I Decide If I Need To Hire An Attorney?
    A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Nevada will handle claims up to $5000. If your injury is a … More
  • Q: How Much Will An Attorney Cost?
    A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
  • Q: How Will My Claim Be Processed?
    A: Although most of us would prefer to avoid filing a lawsuit or going to court, it is sometimes necessary to pursue litigation to get full value for your claim. … More
  • Q: What Damages Can I Recover?
    A: You are entitled to recover for any actual damages that were proximately caused by the wrongful conduct of the defendant. Actual damages refers to the amount of money … More
  • Q: How Can I Determine How Much My Claim Is Worth?
    A: Attorneys are prohibited from promising that they will obtain a certain amount of money for you. For purposes of settlement, a claim is valued upon an estimate of … More

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