Legal Question in Personal Injury in Nevada

What is the statued of limitation on a wrongful death or an accidental death for a law suite?

Asked on 3/22/12, 4:03 pm

3 Answers from Attorneys

James Smith James E. Smith Ltd.

2 years except for medical malpractice which is 1 year.

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Answered on 3/22/12, 4:20 pm
Paul Malikowski Malikowski Law Offices, Ltd.

While the statute of limitations for wrongful death actions is two years, the statute is tolled for any heir that is a minor. While the a probate estate must file its suit within two years of the death, a minor heir�s statute will not expire until two years after the minor reaches the age of 18.

When dealing with a wrongful death case it is critical that all potential heirs be identified; and included in any settlement. A settlement which does not include all potential parties leaves an insured and his insurer at risk for future litigation.

Your attorney can explain further.

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Answered on 3/22/12, 4:37 pm
John Courtney John Peter Lee, Ltd.

To add to the other comments, the statute of limitations often does not commence until the person authorized to bring suit either knew, or should have known, that the death was caused by an act of malfeasance or negligence. Accordingly, the statute of limitations could be extended (i.e., tolled) beyond two years from the time of death.

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Answered on 3/22/12, 5:05 pm

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