Many people who have sustained an injury in a truck accident in Nevada ask whether there is a statute of limitations to sue the liable party for damages. The short answer to this question is yes. Like other states, Nevada has a statute of limitations for all personal injury cases, including those involving truck accidents. Before you file your lawsuit, you need to understand how this statute of limitations applies. This blog explains everything you should know.

Is There a Statute of Limitations for Truck Accidents in Nevada?

If you have sustained an injury in a truck collision in Nevada and are thinking about suing the liable party, you must first determine whether there is a statute of limitations. A statute of limitations refers to the law that provides the maximum period within which victims in a legal conflict have to pursue legal action. A legal dispute in this case includes personal injury.

All states, including Nevada, have their own statute of limitations regarding personal injury claims, and truck accident injury claims fall under this category. In a Nevada truck accident case, the statute of limitations is two years from the day of the injury. That means you have two years from the day you sustained your truck accident injury to sue the liable party. For example, if you were involved in a truck accident on November 1, 2025, you will have until November 1, 2027, to bring a suit against the liable party.

If the victim passes away, you, as the surviving family member, will also have two years from when the death happened to bring a wrongful death lawsuit.  The statute of limitations is an essential factor that can substantially impact your legal right to recover damages. Although two years appears to be a long period, it is not. Consult with a skilled truck accident lawyer and initiate the claim or lawsuit filing process soon enough.

Filing a suit is not only about submitting evidence. It is about completing essential steps that validate your lawsuit or claim according to the law, thereby preventing it from being dismissed for technical reasons. These procedural steps include the following:

  • Seeking immediate medical care. Detailed medical records meticulously link your injury to the accident and record its seriousness, proving the degree of your injury while strengthening causation.
  • Securing the report from the police about the accident. A police report verifies what happened in the accident. It establishes basic facts relied upon during litigation or settlement.
  • Filing a claim early. Doing this will initiate the claims process and build a chronology that corroborates your filings, showing diligence and safeguarding continuity should disputes arise.
  • Contacting a lawyer promptly. A lawyer ensures you have submitted the proper documentation before the filing deadline. They can also assess any circumstances that may extend or toll the statute of limitations, providing essential guidance contingent on their skills.

Acting early will also allow your legal counsel to interview eyewitnesses when they still have a recollection of what happened, preserve evidence, and develop a strong case that can withstand scrutiny.

Why Two Years Is Not a Long Enough Period

Although two years may seem like enough time to take legal action, truck accident cases typically involve complex legal procedures and thorough investigations. Here is why the timeframe could be shorter than you would expect:

  • Reaching MMI (Maximum Medical Improvement). Before bringing a claim, it is essential that you first reach MMI. MMI is the point at which your medical condition may not improve any further. Reaching this point enables your lawyer to accurately estimate your total long-term needs and medical expenses.
  • Rigorous investigation into your case. Your lawyer needs ample time to prove various elements surrounding your claim, including the following:
  • Identifying responsible parties, for example, the truck driver, maintenance providers, or the trucking company
  • Analyzing witness statements and police reports
  • Calculating damages (property damage, lost wages, medical bills).
  • Assessing the effect of the accident and injuries on your life.
  • Negotiations with insurance providers. Dealing with insurers can be a challenging and time-consuming process. A lawyer can:
  • Handle any communication with the insurance company
  • Safeguard you from agreeing to early, unjust settlement offers
  • Fight for a just compensation package

When Does the Statute of Limitations Clock Begin to Tick?

Generally, you start counting the two years within which to bring a truck accident claim from any of these dates:

  • The date you sustained the truck accident injury. Remember, it is not the date the accident happened but the date you sustained the injury. These two can be different timeframes.
  • The day you discovered you were injured in the truck accident. For example, if you sustained a truck collision injury on October 1, 2025, but did not notice the injury until December 1, 2025, your deadline to bring a suit would be December 1, 2027.
  • The day you reasonably should have known about your injury

If it is a wrongful death case, the two-year timeframe clock begins to tick on the day the victim died, not the day they were injured.

Although it may seem evident when to file a claim or lawsuit following a truck collision injury, there are instances where injuries might not manifest immediately, or a victim becomes incapacitated and incapable of filing a lawsuit right away.

Exceptions to The Statute of Limitations Clock 

 

There are some exceptions to when the statute of limitations begins to run in cases involving truck accident injuries. These are the following:

The Discovery Rule

If the injury was not immediately discoverable, the time frame to bring a case might be prolonged to three years from when the accident occurred. This is called the “date of discovery” rule. This rule applies to instances where the injury or injuries did not immediately manifest.

For example, say you were involved in a truck collision on March 1, 2025, and never started experiencing signs of a traumatic head injury until May 1, 2025. In this case, your deadline for filing a suit would be May 1, 2028.

When the Victim Is a Minor 

 

If the victim hurt in a truck accident is a child, the timeframe to sue the liable party may be prolonged to two years from the minor's 18th birthday. If, for example, a minor was hurt in a truck collision on January 20, 2025, and was not 18 years old until April 15, 2025, the time frame to bring a case would be April 2027.

If It Is a Property Damage Claim

Whereas the statute of limitations for truck accident injuries is two years, the claim for property damage is different. If any of your property was damaged in the truck accident, including your car or personal property, you will have three years to bring your property damage claim.

Tolling of the Deadline

There are particular cases where the statute of limitations may be paused or tolled. This often occurs when the victim is incapable of filing a suit because of a legal disability. If, for example, the injured individual is mentally incapacitated, the statute of limitations could be tolled until that victim regains mental capacity.

Additionally, the statute of limitations may be tolled if the liable party has travelled abroad or is out of state. In either case, the clock might not start to run until the liable party returns to Nevada.

Claims against government entities might have shorter deadlines and varying procedural requirements, needing immediate action. For example, if the truck accident resulted from poor roads and you are suing the city for failing to do proper road maintenance, you will have six months to file an administrative claim before you file a suit.

These exceptions are limited and specific. You will not be allowed to file your claim after 24 months unless one of the exceptions applies.

Note that the statute of limitations governs the period a victim has to file their claim and not resolve it. Provided you have filed your court paperwork before the required deadline, you will be able to prepare for the rest of your case should a suit be necessary to recover the damages you deserve.

Why You Should Not Miss The Filing Deadline

You must submit your claim within the stipulated two-year period. If you fail to do so, you can be subject to severe repercussions. For one, you may lose your legal right to file your lawsuit and pursue compensation for your injuries. If you file your case anyway after the deadline elapses, the court may dismiss it, even if you had severe injuries or liability is apparent. This procedural law, which courts strictly apply, is a non-negotiable guideline.

Other implications you may face for failing to bring your case within the deadline include the following:

  • You will be incapable of recovering the damages you deserve, affecting your future, especially financially
  • Insurance providers will be less likely to offer a just settlement if they know you cannot go to court, which severely weakens your negotiation position.
  • Even compelling evidence to your case becomes irrelevant. If you are barred from filing your lawsuit, courts cannot deliberate on your case’s merits.

Should you fail to file within the deadline and attempt to file anyway, the defendant will seek to dismiss your case. The court judge will then dismiss your case. Put otherwise, the court judge will knock your case out of court.

Similarly, you may think that although the judge dropped your lawsuit, you may still attempt negotiating a settlement out of court with the liable party or their insurer. Unluckily, this strategy will also not work. There are solely two ways of enforcing a claim: bring a contract suit contingent on a signed settlement agreement or win before the court. If the liable party knows your chances of winning in court are low, they could safely ignore your case, making it impossible for you to recover damages.

The Importance of Prompt Legal Action

Considering the intricacies involved in truck collision claims, it is advisable to consult a skilled lawyer promptly. Here is why: Contacting a lawyer as soon as possible:

  • Ensures you have met all the deadlines, safeguarding your legal right to recover damages.
  • Gives you and the lawyer ample time to investigate your case thoroughly and gather evidence
  • Provides skilled guidance throughout the legal process
  • Increases the odds of a just settlement via skilled negotiation
  • Reduces the chances of evidence being distorted or witnesses forgetting the account of events

Why There Is a Statute of Limitations in The First Place

The statute of limitations aims at ensuring fairness in the legal justice system. When a significant amount of time elapses, the evidence required to refute a claim or lawsuit against the liable party may be lacking. Since the standard of proof in civil-related cases is lower, it is crucial to ensure the process is fair to every party involved.

Also, if you have a valid claim, you should pursue your case with fairness. Waiting until after the deadline to bring a claim implies that the claim was not a legitimate course of action.

Note that negotiating with insurers does not prevent the clock on the statute of limitations from ticking. This is a prevalent and potentially harmful misunderstanding that could jeopardize your case. You may think that ongoing negotiations will stall the case, buying you time, particularly if the insurance adjuster appears cooperative. Insurance providers are not mandated to settle a claim before the expiration of the statute of limitations.

And should the statute of limitations expire while you are still in negotiations, you will forfeit any legal recourse, plus your capability to pursue justice. To stop this risk from happening, you must take the following steps:

  • Track your claim filing deadline distinctly from your negotiations timeline
  • Do not assume that negotiations safeguard your legal right to sue because that is not true.
  • If the filing deadline is near, consider filing a civil suit even when you are looking forward to settling later.

Filing a suit is a conservative step, not automatically a sign that you are headed to a court trial. It typically solidifies your negotiation power by showing that your rights are enforceable and intact, leading to more favorable settlement offers.

How Long Will a Truck Accident Injury Case Take to Go to Court?

Usually, the timeline for each truck accident injury case varies based on multiple factors. This includes the period it will take to:

  • Investigate the collision
  • File the proper documents
  • Speak to eyewitnesses
  • Release medical records
  • Complete the discovered rule process

The fact remains that most truck accident injury cases do not reach the court trial stage. They are often settled out of court through negotiations between the victim's lawyers and the insurer. However, if your case goes to court, resolving it may take between a couple of months and one or several years.

Steps to Take to Meet the Filing Deadline 

To meet the timeframe stipulated by the statute of limitations in truck accidents, take these steps:

  • Filing an official complaint in writing with the court clerk
  • Filing a summons in court. This is a formal notice to the liable party, informing them that you are suing them.
  • Serving a copy of the complaint and the summons to the liable party. This is called service of process and is typically performed by a court official in person. Ensure the liable party has received these documents before the filing deadline.
  • Paying the filing fees to the court

All these steps are critical to the process. If you miss any of them or commit a serious mistake when executing them, chances are the statute of limitations may expire before you can rectify the mistake, and this may kill your case. That said, you want to work closely with a knowledgeable lawyer to ensure you have met the deadlines and not missed any steps.

How a Truck Accident Attorney Can Help You

If you wish to bring a suit or claim, you want to talk to a skilled truck accident lawyer. According to statistics, crash victims who lack attorney representation are at a higher risk of receiving lower settlement values than those with a lawyer who can negotiate a favorable settlement for them.

Crucial steps a lawyer can take to assist you in winning your case include the following:

  • Locate possible witnesses
  • Find police reports
  • Interview eyewitnesses
  • Negotiate a favorable settlement offer with your insurer
  • Talk to medical experts on your behalf
  • Bring your lawsuit to court
  • Fight for you at a the court trial

Being hurt is not an easy thing to experience. However, you can obtain help. If you have suffered a truck accident-related injury because of someone else's negligence, call a lawyer immediately. Do not delay until the deadline passes.

Find an Experienced Truck Accident Personal Injury Attorney Near Me

The statute of limitations for truck accidents is a hard deadline. Consequently, you want to consult a knowledgeable attorney promptly if you have sustained an injury or injuries. Do not let the statute of limitations put your right to damages in jeopardy.

At Las Vegas Personal Injury Attorney Law Firm, we specialize in truck collision cases and are ready to assist you in navigating the intricacies of your case. We are knowledgeable and have a deep understanding of the truck accident insurance claims and lawsuit process. Call us today at 702-996-1224 for a cost-free case evaluation and take the initial step towards obtaining the damages you deserve.