Like other states, Nevada has a statute of limitations for filing wrongful death lawsuits that begins running on the date of the person’s death or the date that the death is discovered, but the limitation period is tolled when the plaintiff is a minor. Being under the age of 18 is considered to be a legal disability under the law, so the state stops the time from accruing until the person reaches the age of 18. This may allow children of people who are killed by the negligence or wrongful conduct of others more time to file lawsuits. A Las Vegas wrongful death attorney may review a case in order to determine whether or not the statute of limitations has ended or if it has been tolled.
Statutes of Limitations
All states have statutes of limitations codified in their laws that limit the time to file lawsuits. Different types of civil actions carry different limitation periods. Nevada Revised Statutes Sect. 11.190(4)(e) provides that people must file a wrongful death lawsuit within two years of the date of the person’s death or the date that the death was discovered. The time period is further limited by the personal injury limitation period. The wrongful death limitation period will begin running from the date the victim’s injury occurred or was discovered. If the victim didn’t file a personal injury lawsuit within his or her own statutory period of limitations and later succumbs to his or her injury, a wrongful death action will be barred.
When the time period has run out, people will be permanently barred from recovering damages for the incident. There are important exceptions to the statute of limitations, including when a plaintiff is under the age of 18 at the time of the accident or incident.
Tolling of a statute of limitations means that the time doesn’t accrue while the condition exists. Under Nevada Revised Statute 11.250(1), people who are under age 18 have the statute of limitations tolled until they reach the age of majority. This means that a person who is under age 18 when his or her parent is killed will potentially have until age 20 to file a lawsuit. A Las Vegas wrongful death attorney encourages people not to wait to file, however. It is best to not have to litigate statute of limitations questions, and it is easier to investigate and build cases when the evidence is still fresh.