After losing a loved one in an accident, family members must cope with extraordinary grief. But if loved ones believe that such a tragedy was preventable, they may wish to file a wrongful death lawsuit.
Some examples of scenarios where a wrongful death may have occurred:
- When someone walking on a sidewalk in Boulder City is struck and killed by a motorist
- When a patient bleeds to death in a Henderson hospital from a surgical error during a routine appendix removal
- When a diner dies as a result of E.coli poisoning from eating undercooked pork at a North Las Vegas restaurant
In the state of Nevada, not everyone is allowed to bring legal action in these instances. Only the decedent’s spouse, parents, children or estate executor are permitted to file a wrongful death lawsuit. In addition, there are certain cases where these parties may not be entitled to compensation (for instance, parents of a decedent who was married often cannot file suit under wrongful death statutes).
Plaintiffs in a wrongful death case may receive reimbursement for medical bills, funeral and burial costs, loss of future wages, and lost pension or retirement benefits. In addition, a court may award compensation for mental anguish, pain and suffering, as well as punitive damages if the circumstances warrant.
However, it is vital that a wrongful death lawsuit be filed before the statute of limitations expires. The statute of limitations is the legal deadline after which you cannot file suit against another party. For a wrongful death lawsuit in Nevada (in most cases), this period is two years from the date of the individual’s death.