The statute of limitation to file a truck accident lawsuit in Nevada is typically two years after the accident date. However, exceptions do exist. There are also many other steps you must navigate before you decide it’s time to sue the trucking company or another liable party. Having a truck accident attorney on your side is the most effective way to manage this process.
Keep reading to learn more about deadlines in Nevada truck accident cases and get answers to other frequently asked questions (FAQs).
The Nevada Statute of Limitations Sets a Deadline for Truck Accident Lawsuits
When you work with a Nevada truck accident lawyer, they can ensure you meet the deadline set by state law to file a lawsuit. Since not all cases require litigation, you must begin the process well in advance of the approaching deadline. Your attorney needs time to build the case, demand fair compensation from the insurance company, and work to negotiate a fair settlement.
Under NRS § 11.190(4)(e), accident victims ordinarily have up to two years from the accident date to file the paperwork and begin a personal injury lawsuit. If the victim passes away from their injuries, the surviving family has two years from the date of their passing to file a wrongful death lawsuit.
However, you may have longer to begin a legal action under certain circumstances, including:
- If a defective product caused the crash
- If the victim is a minor under the age of 18
Conversely, some circumstances could actually call for shorter timelines. The key to understanding the applicable statutes and deadlines in your case and protecting your right to recover fair compensation is working with an attorney familiar with cases similar to yours.
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Advantages of Acting Quickly in Nevada Truck Accident Lawsuits
While you certainly want to meet the deadline for filing a personal injury lawsuit, this isn’t the only reason you should consider hiring a truck accident lawyer immediately after a crash. It is widely advised that injury victims contact an attorney as soon as their injuries are stable and allow them to make a call (and many even offer free consultations).
When you hire a Nevada personal injury lawyer to handle your truck crash case, you immediately gain someone who will protect your rights and begin to gather evidence to support your case. Both of these are key to recovering fair compensation from the liable party, often the trucking company.
The sooner an attorney can identify, gather, and preserve evidence, the stronger your case against the at-fault party could be. A lot of the evidence you may need could be in the possession of the trucking company. It could be difficult to obtain for your case if your attorney doesn’t act quickly. When your attorney is able to work on your case soon after your accident, they can:
- Send a spoliation letter to the trucking company to preserve evidence
- Identify, collect, and analyze available evidence, such as surveillance footage and police reports
- Protect your rights by managing all communication
- Identify potentially liable parties
- Work to determine what happened to cause the accident
- Gather documentation of damages as you receive bills and get receipts
- Ensure you get the medical care and support you need
- Begin developing a strong case for fair compensation
Why Is Meeting the Time Limit Important in a Nevada Truck Accident Lawsuit?
When a truck accident victim fails to meet the applicable time limit to sue in their collision case, the judge will likely bar the case from court. The trucking company or another liable party can challenge your suit because of the missed deadline. Generally, the judge will rule in their favor, saying the victim waited too long and has lost the right to sue in civil court.
Since the possibility of a lawsuit provides significant leverage in insurance settlement negotiations, this also effectively prevents the victim from recovering fair compensation from the at-fault party through their insurer.
If you don’t protect your right to sue, recovering the money you need for current and future medical care, income losses, and other damages can be almost impossible. This is why meeting the applicable time limits in a Nevada truck collision lawsuit is essential.
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How Can a Nevada Truck Accident Attorney Help With My Case?
When a Nevada truck accident lawyer takes on a crash case, they aim to recover fair compensation for their client based on their related expenses and losses. Pursuing fair compensation requires them to develop a strong case, protect the client’s rights, and negotiate with the insurance carrier or take the case to trial.
One key part of this process is meeting all applicable deadlines. In addition to this, your attorney can:
- Answer any questions you have about your case
- Protect your rights throughout the process
- Manage all communication related to the case
- Investigate what occurred and gather evidence
- Identify the liable party or parties
- Value your accident-related expenses and losses
- File an insurance claim and demand fair compensation
- Negotiate with the trucking company or its insurance company
- Represent your best interests at trial if necessary
If necessary, your Nevada truck accident lawyer can prepare and file the lawsuit in the appropriate county’s civil court. This could encourage a higher settlement offer from the insurer or be the first step in litigating the case and receiving a verdict in your favor.
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At Van Law, our Las Vegas truck accident attorneys represent clients hurt in Nevada collisions. We know how to build these cases and recover fair compensation for our clients within the necessary timelines. Our award-winning law firm has proven our dedication to our clients time and time again, and it shows in our case results. Let us be a powerful advocate for your truck accident compensation, so have time to simply heal.
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