Does the statute of limitations for fraud/embezzlement start when the money is taken or when it is discovered? My brother liquidated an account i was unaware of wwhile my mother was in an Alzheimers facility, but I did not find out about it recently when I finaluy got her previous tax returns.
1 Answer from Attorneys
There are times when a person is unable to discover that they have been injured. For example, fraud that is concealed by an accountant and is not easily discoverable or a medical condition resulting from a doctor�s misdiagnosis that can only be detected after the patient�s health deteriorates. It wouldn�t be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Nevada statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.
A "statute of limitations" defense is an affirmative defense, which must be pled and proven by a defendant in a civil case, If not so pled and proven, it is waived.
Your attorney can explain further.
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