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The Two-Year Timeframe for Truck Accident Claims in Nevada
When injured in a truck accident in Nevada, you're given 2 years from the date of the accident to file a claim. Being a personal injury attorney in Nevada for over 20 years, I have seen that this timeframe can create a little internal panic in clients, but prompt action should allow you to secure a fair settlement well within the given two years.
However, missing the statute of limitations allows insurers to deny coverage, and you lose the right to recover compensation for your medical bills, lost wages, pain, and other damages.
How the Statute of Limitations Is Determined for Truck Accident Cases
In Nevada, the two-year statute of limitations for a truck accident claim starts on the injury date, or when the accident victim discovers or should have known about the injury. If the injury was hidden, the clock may start later, but the default rule is the injury date, which is typically the day of the accident.
Factors That Can Change the Statute of Limitations for a Case
Although the two-year clock usually starts on the injury date, several factors can move it, including:
- If your injuries become apparent later.
- Your loved one dies days after the accident (The statute of limitations will start on their death date).
- You're filing a property damage claim, which has a three-year statute of limitations.
Determining When the Statute of Limitations Starts
From my years handling truck accident claims in Nevada, I know the clock starts at the time of injury (often the day of the accident), the moment you first learn of it, or when you should have known it existed. If pain or symptoms appear later, the delayed-discovery rule can reset the limitations period to that later date, but proving it requires strong medical evidence.
Starting your legal process promptly preserves the two-year limitations window, allowing you to pursue maximum compensation against the insurance companies and the trucking company.
When There Is a Wrongful Death Involved
When a truck crash results in death, the statute of limitations starts on the death date, not the crash date. On the death date, you'll be given two years to file a wrongful death claim on behalf of your loved one.
When There Are Delayed Symptoms (Discovery Rule)
Under the Nevada discovery rule, if a major injury appears weeks or months after the accident, the statute of limitations for your truck accident claim could be pushed back to the day you discovered your injury rather than the day of the accident.
Common injuries that may apply under the discovery rule include hidden brain injuries and other internal damage.
When the Victim Turns 18
In truck accidents involving a minor (under 18 years old), the statute of limitations for their truck injury claim does not begin until they turn 18.
However, their parent or guardian could pursue a claim on their behalf before they turn 18, which will prompt the statute of limitations two-year period to begin.
What Stage During the Legal Process Does the Statute of Limitations Clock Pause
When a Las Vegas truck accident victim comes to me for legal advice about the two-year deadline in their car accident case, they often ask when the statute of limitations will be paused.
As an experienced attorney in Las Vegas, I can say that the deadline is relentless and doesn't stop for much.
During Negotiations with Insurers: Will Not Pause
Extended negotiations with insurance companies can significantly extend the time it takes to settle your truck accident claim, yet the two-year clock keeps ticking. Major slowdowns are often encountered due to:
- Long waiting periods for insurance responses
- Multiple settlement offers
- Determining fault
Each step can delay filing, so early legal action is essential to protect your rights and compensation.
During Medical Treatment: Will Not Pause
While you're on the path to reach maximum medical improvement, the statute of limitations for your truck accident case will still not be paused.
In cases where a victim suffers severe injuries, where the estimated timeline for maximum medical improvement is over 2 years, an experienced attorney will use evidence and medical expert testimony to secure compensation from insurance providers for future medical costs, ensuring that their client is fairly compensated while staying within the two-year deadline.
During a Court Trial: Will Pause
If negotiations fail and your attorney takes your truck accident case to court, the statute of limitations will be paused. This is because a lawsuit can last months or years, depending on the circumstances and value.
What Are the Effects of Late Filing
When victims attempt to file a claim after the statute of limitations deadline passes, they can face severe consequences, such as the court dismissing their claim, leaving them with the financial burden of medical bills, lost wages, and repair costs.
Due to how devastating it can be to have your claim dismissed, it's crucial to get a free case evaluation set up with an attorney to start your case as soon as possible.
Legal Consequences of Missing the Deadline
If you miss the two-year deadline, it gives the right to insurers to reject you a payout, and if you file a lawsuit, the court will simply dismiss your claim for a procedural violation.
Acting quickly preserves your right to sue and obtain compensation for the injuries and damages caused by the commercial truck accident.
Loss of Compensation for Damages
Missing the two-year deadline means you lose the right to sue, insurers can refuse to pay, and you must cover medical bills, lost wages, and other damages yourself.
This can create a troubling financial situation where you might have to file for bankruptcy.
Obtain the Compensation You're Entitled To
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
