Understanding Statutes of Repose
A statute of limitations is the amount of time a person has to file a lawsuit after he or she discovers an injury. A statute of repose is the length of time that a manufacturer is liable for an accident because of its negligence. This generally applies to construction errors, but it can also apply to other products as well. Unlike a statute of limitations, statutes of repose start when the home or other object is created.
Time Limits Vary by Case
In cases where you should have known that there was a defect present, you generally have six years to file a lawsuit. This increases to eight years if you couldn’t have known that a dwelling or product was defective. In the event that a defendant knew about the defect and did nothing about it, there may be no limit to how long you have to file a lawsuit.
Extensions May Be Granted
In the event that you link an injury to a defective product in the final year of the time allotted, the statute of repose is extended by two years. For instance, let’s say that an injury was discovered eight years after a home was built and was caused by defects that you couldn’t have seen. By law, you have an additional two years to file a case, extending the statute to a decade after it was substantially completed.
Your Attorney May Provide Insight
You are entitled to work with an attorney to help during the personal injury legal process. Working with Las Vegas injury lawyers may help you determine whether to pursue a lawsuit or settlement. However, you are always free to do what you think is right to resolve the matter favorably.