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According to the statute of limitations, there is a time limit on how long you can wait to file a lawsuit if a crime or offense was committed against you, and the state of Nevada allocates you a relatively short amount of time to launch legal proceedings in the case of personal injury. A statute of limitation is a law that essentially places an expiration date for when cases should be filed in court after the alleged crime has been committed, and it applies to all sorts of cases. Continue reading to understand why Las Vegas injury lawyers can help get your case resolved more quickly.
If the statutory period lapses, you will have a difficult time convincing the state to hear the case, especially if a legal exception doesn’t apply. Consider the following frameworks:
• Medical malpractice: one year
• Personal Injury: two years
• Product liability: four years
• Contracts: four to six years
When does the clock start ticking? Right when the injury is suffered. For most people, two years is more than enough time to examine an injury, make all the necessary legal assessments and decide whether or not to file a lawsuit; however, not all cases are the same. In some instances, it’s not reasonably possible for an individual to establish the cause of an injury or even know that they suffered an injury until a considerable amount of time has passed.
Some situations may allow for a “tolling” or freezing of the statutory time limit, for instance, if the victim was underage at the time of injury, was mentally incompetent or filed for bankruptcy. Regardless of the circumstances, a personal injury lawyer can help quickly assess the case.
Please note it may be possible to bring a case to court even after it appears that the relevant statute of limitation has passed because the state seeks to understand how the standard limitations apply to any given situation. This happens across the board, not just with personal injury cases, but an attorney should be present to investigate the specifics.
Why does the state enforce statutes of limitations? This is done to ensure the fairness for both parties involved in the case. When lawyers operate on a reasonably short deadline, it encourages credibility because:
• Memories tend to fade
• Some of the witnesses may have moved
• Evidence may get lost
A typical minor personal injury resulting from an auto accident will have two years of validity; however, if somebody died, the claim gets escalated to wrongful death, and that may carry a longer time limit. Claims against the government should be handled faster still because these time limits are much shorter for cases involving such entities.