Statute of Limitations vs. Statute of Repose in Nevada
Posted on behalf of Henness & Haight on Nov 10, 2015 in Personal Injury News
Most people are aware, at least on some level, of the concept of a statute of limitations, the time limit you have in which to file a lawsuit after an injury has occurred. Many people, however, are not aware of a second, related issue that comes into play during injury cases, and that is the statute of repose. It is important for victims of injury to understand how these concepts are related and differ so that you do not lose out on the opportunity to get compensated for your injury.
Statute of Limitations
The statute of limitations for any legal issue sets a time limit after which you generally cannot seek remedy for the issue in question. These time limits begin from the date when an injury occurs or the act that caused the injury was committed. For example, a car accident has a statute of limitations of two years in Nevada. If you are injured in a car accident on September 12, 2015, you have until September 12, 2017 to bring suit.
In most cases, however, this "timer" actually begins at the point where an injury is first recognized. Thus, if you have the accident on September 12 but don't discover that it resulted in injury until September 15, you may be able to file up till September 15, 2017.
Statute of Repose
Statutes of repose are similar to statutes of limitation, but they begin to expire on a specific date and are not subject to the "tolling" of later discovery of injury. This means that, for example, if you have a custom-built home of which you take possession on October 10, 2012, and the state has a six-year statute of repose, when you discover on October 1, 2017 a construction default that causes damage, you would not have another six years. You would have to file your claim within the next year to beat the six-year statute of repose.
Personal Injury Attorneys
The statute of repose and limitations on various injuries can vary wildly. The process of filing suits can be complex and tricky, and it's vital that you don't miss out on your opportunity. To make sure that you are covered in these cases, it's important to secure the services of a qualified personal injury attorney.
The laws concerning personal injury can be very confusing, and an attorney knows how statutes of limitations and repose work, how to beat the clock and how to avoid mistakes that can be very costly or even keep you from getting the compensation you deserve. Never take an injury lightly. You need help to get the damages to which you are entitled.
Have you suffered an injury due to malpractice, negligence, premises liability, an auto accident or any other area where someone else was at fault and are facing a statute of repose? If so, don't wait. Our firm is here to help with a long history of fighting for our clients' rights. Give us a call today for answers to any questions you might have and a free consultation on your case.