Anapol Schwartz - Attorneys at Law
wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

Nevada Statute of Limitations

In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated. What is Iowa’s statute of limitations?

Negligence – 4 years
Medical Malpractice - providers – within 4 yrs. of date of injury OR within 2 yrs. injury was or should have been discovered (whichever is earlier) – Actions on behalf of minors must be filed by parents Minor injury is brain damage = must file by 10th birthday Minor injury results in sterility = must file within 2 yrs. injury was discovered

Product liability – 4 years
Wrongful death - damages b/c of construction=2yrs of date of injury others=2yrs of (D.O.D)
Survival – 4 year limitations for survival actions

Caps on NV Attorney Fees: - Sliding scale for attorney fees, not to exceed 40% of first $50,000; 33 1/3 % of next $50,000; 25% of next $500,000; 15% of any amount over $600,000 in Nevada.

Caps on damages – Nevada Statute of Limitations Laws
Medical Malpractice - In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000.

Product Liability - Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:

(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or
(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.

2. The limitations on the amount of an award of exemplary or punitive damages prescribed in subsection 1 do not apply to an action brought against:
(a) A manufacturer, distributor or seller of a defective product;
(b) An insurer who acts in bad faith regarding its obligations to provide insurance coverage;
(c) A person for violating a state or federal law prohibiting discriminatory housing practices, if the law provides for a remedy of exemplary or punitive damages in excess of the limitations prescribed in subsection 1;
(d) A person for damages or an injury caused by the emission, disposal or spilling of a toxic, radioactive or hazardous material or waste; or
(e) A person for defamation.
 

Pharmaceutical cases - See damages for Med. Malpractice and Products Liability
Special Rules for Nevada Minors (minors tolling) - Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor's 18th birthday.

Nevada Trial Lawyers Association
406 Nevada Street
Carson City, NV 89703
775-883-3577
http://ntla.org/NV

Nevada State Police
Department of Public Safety
555 Wright Way
Carson City, NV 89711-0900
775-684-4808
http://nhp.nv.gov/

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: