In the minutes, hours, and days following a devastating commercial truck wreck, you will likely be in shock over the trauma of the experience. Contacting an attorney or speaking with the insurance company is likely the last thing you want to have to deal with. However, the sooner you get started, the stronger your odds of recovering maximum compensation will be.
The law also requires you to take action sooner if you hope to have your case heard in court. There are many nuances surrounding personal injury and insurance claim deadlines. Your dedicated Las Vegas car accident lawyer with H&P Law can help you understand these intricacies and prepare accordingly.
Truck Accident Claim Filing Deadlines Are Strict in Nevada
After being involved in a devastating commercial truck accident, getting access to the financial compensation you are entitled to may prove to be more difficult than you were expecting, particularly if you attempt to go at it without the legal guidance and support of a personal injury attorney. There are many laws and regulations that could have an impact on the outcome of your case, including the statute of limitations and claim filing deadlines. Here are some of the most important things you need to know about truck accident lawsuit and insurance claim time limits:
You Must Adhere to the Statute of Limitations
Nevada has a strict two-year statute of limitations for personal injury lawsuits. Generally, the countdown will start on the day of your commercial truck accident and end exactly 2 years later. The civil court systems require claims to be filed in a timely manner to ensure defendants are treated fairly and so that both parties are able to access the evidence they need to support their case.
While you may have up to two years to file your lawsuit, you should not wait until the last minute to enlist the services of a legal advocate. This is because your car accident attorney will need time to conduct an extensive investigation into the cause of the accident and obtain evidence to prove the defendant’s liability for your damages. If you wait to get started, we may not have enough time to build as powerful and claim as needed to win.
What Happens If You Miss the Deadline
Missing the personal injury statute of limitations deadline should never be possible when you have the right attorney working on your case. However, far too many injury victims are unsure whether they have grounds for a claim and fail to take action as quickly as they should. Failure to adhere to the statute of limitations expiration date and get your claim filed within two years will be devastating for your case.
Your case will never be heard by a jury if you miss this deadline. The judge, though likely sympathetic to what you have been through, will have no other choice but to bar you from pursuing your case further. Even if your case against the liable was strong, if you missed the statute of limitations deadline, you can no longer move forward in the personal injury claims process.
Exceptions to the Nevada Personal Injury Statute of Limitations
In some cases, the statute of limitations is not clear. There are several situations in which it may be necessary to toll the statute of limitations deadline. Here, the statute of limitations is effectively paused and will be resumed at a later date based on the circumstances of the case.
For example, we see this often in instances where truck accident victims suffer injuries that are not diagnosed until a later date. Until you have discovered the injuries you sustained, the statute of limitations deadline cannot begin counting down. The statute of limitations will toll until the date you discover your injuries and expire two years later.
Minor children who suffer injuries in tractor-trailer accidents can also have the statute of limitations tolled. The statute of limitations can be paused until the child reaches the age of 18, when they can file the lawsuit on their own. However, parents and legal guardians who do not want to wait may have the authority to pursue a child injury claim on their child’s behalf.
Insurance Companies Set Their Own Time Limits
While the state’s personal injury statute of limitations deadlines could have a substantial impact on your truck accident claim, they are not the only deadlines you need to be aware of. Often, truck accident victims will be able to recoup a portion of their losses by filing a claim with the insurance company. You might be shocked to discover insurance companies can set their own claim-filing deadlines.
Every insurance company is different. Some give injury victims up to 30 days from the accident date to file a claim, while others may limit the amount of time you have to as few as 48 hours. If your insurance claim is not filed before the deadline, the insurance company may be able to get away with denying your claim or reducing your settlement.
However, even if you file your claim before the deadline passes, you should still expect the insurance company to push back or request additional information before approving your claim. Insurance companies are notoriously motivated by profits first, so do not be surprised if you initially receive a denial. You can rely on your truck accident lawyer with H&P Law to understand the insurance company’s obligations and prevent them from taking advantage of you.
Reach Out to Nevada’s Trial-Tested Truck Accident Law Firm for Help Today
Your truck accident lawsuits and insurance claims have strict deadlines. Missing these deadlines could be devastating for your case. Get a powerful legal advocate on your side who will work tirelessly to ensure that your claims are filed before time runs out.
Our team at H&P Law has spent decades refining our craft to maximize our clients’ payouts and settlements. Let us put our years of experience and knowledge to work for you and your loved ones. Schedule your free, no-obligation consultation by calling our office or filling out our quick contact form.