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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Personal Injury Articles
- Who Is Responsible When A Person Is Injured?
- How Do I Decide If I Need To Hire An Attorney?
- How Will My Claim Be Processed?
- How Much Will An Attorney Cost?
- What Damages Can I Recover?
- How Can I Determine How Much My Claim Is Worth?