Your Comprehensive Guide to Wrongful Death Lawsuits in Nevada
The loss of a loved one in a catastrophic accident is devastating. There is nothing that could truly be enough to make up for such a heartbreaking tragedy. At the same time, family members need justice, accountability, and financial support. All parties responsible for a deadly accident must be held accountable. In Nevada, close family members can file a wrongful death claim to seek justice.
At Naqvi Injury Law, we are committed to providing exceptional representation to victims and families. Our team wants to make sure that you have the knowledge, tools, and resources to protect your best interests. Here, our Las Vegas wrongful death lawyers provide a comprehensive guide to wrongful death lawsuits in Nevada.
Examples of Wrongful Death
A wrongful death lawsuit is a type of legal claim brought by family members who have lost a loved one due to the carelessness, recklessness, or otherwise wrongful conduct of another party. These claims allow grieving families to get justice and financial compensation. A Nevada wrongful death lawsuit can be filed in relation to many different types of underlying accidents. Some notable examples of fatal accidents that could lead to a wrongful death lawsuit include:
- Car accidents;
- Truck accidents;
- Pedestrian collisions;
- Bike accidents;
- Motorcycle accidents;
- Slip and fall accidents; and
- Defective product claims.
Proving Liability in a Wrongful Death Claim in Nevada
Under Nevada law (Nev. Rev. Stat. § 41.085), wrongful death claims are fault-based legal cases. Plaintiffs in a wrongful death suit must prove that the defendant(s) was responsible for their loved one’s death. For this reason, it is crucial that deadly accidents are comprehensively investigated by an experienced attorney. A Las Vegas wrongful death lawyer will make sure that you and your family have access to all of the evidence and information you need to prove liability.
What type of evidence you will need to establish liability in a wrongful death case depends, in large part, on the nature of the underlying accident. If your family member was killed in a tractor-trailer crash, you will need evidence that proves that the trucking company (or another party) was liable for the accident. Likewise, if your loved one was killed because of a dangerous & defective product, you will need to present a case proving that a corporation violated Nevada’s product liability laws.
The Statute of Limitations for Wrongful Death Claims
Similar to other legal claims, wrongful death lawsuits are subject to a strict statute of limitations. If you and your family do not initiate legal action before the deadline expires, you could be prevented from filing a claim at all. Under Nevada law (Nev. Rev. Stat. § 11.190(4)(e)), the statute of limitations for a wrongful death claim is two years from the date of your loved one’s death.
Do not wait to get started with the wrongful death process. An immediate investigation into a fatal accident in Las Vegas is required to determine exactly what happened and who should be held liable. Call our Las Vegas, NV wrongful death attorneys as soon as possible after a deadly accident in Southern Nevada.
Who Can File a Wrongful Death Lawsuit in Nevada?
A person’s untimely passing impacts so many people— their immediate family, extended family, friends, co-worker, and the community at large also experience a tremendous sense of loss. Unfortunately, the law does not offer an option for compensation for everyone affected by the death of a loved one. Only certain parties have rights under Nevada’s wrongful death laws. A wrongful death lawsuit in Nevada must be filed by one of the following two parties:
- The personal representative of the victim’s estate; or
- The “intestate heirs” of the victim.
In other words, a Nevada wrongful death lawsuit is generally supposed to be filed by a personal representative of the victim’s estate (as named in their will) or by their closest surviving heir, such as a spouse, child, or their parents. In effect, this means that civil wrongful death claims are generally reserved for immediate family members. Other parties, such as an unmarried significant other or a close friend, often do not have a claim under Nevada law. If you have any specific questions about who can file, an experienced Las Vegas wrongful death attorney can help.
An Overview of the Compensation You Can Recover in a Wrongful Death Lawsuit
There is no amount of money that could ever come close to making up for the loss of a spouse, child, parent, or other loved one in an avoidable accident. At the same time, you and your family need financial support to pay your bills. Through a wrongful death claim in Nevada, you may be entitled to compensation for both economic and non-economic damages. Here is an overview of the types of financial relief that can be recovered in a wrongful death claim in Nevada:
- Economic Damages: Economic damages refer to the direct financial costs borne by you and your family due to the accident. To start, you can pursue financial compensation for any out-of-pocket medical bills. You can also seek financial relief for the full cost of funeral & burial expenses. Finally, economic damages can include financial compensation for lost wages and loss of benefits. It is imperative that you and your family’s economic damages related to the fatal accident are well-documented.
- Non-Economic Damages: Non-economic damages are the intangible losses endured by the surviving family members following a fatal accident. In Nevada, this includes financial relief for the loss of companionship, comfort, care, and affection. Non-economic damages are notoriously difficult to value— especially in wrongful death claims. Sadly, defendants and large insurers providers invariably try to undervalue a family’s emotional hardship. An experienced Las Vegas wrongful death attorney can help you and your loved ones seek the full and fair financial support that you deserve.
What to Know About Survival Action Claims in Nevada
Beyond a wrongful death lawsuit, grieving families may also be able to pursue a related type of legal claim called a survival action lawsuit. Under Nevada law (Nev. Rev. Stat. § 41.100), the cause of action in a civil personal injury claim is “ not lost by reason of death.” In other words, a person’s legal claim can “survive” an accident even if they did not. A survival action claim may be an option if your loved one was killed in an accident, but did not die immediately.
The core purpose of a survival action claim is to allow surviving family members of the victim to collect the financial compensation that the victim would have been entitled to, had they survived the accident. Among other types of damages, this may include out-of-pocket medical bills, lost wages, and pain and suffering. If you have any specific questions or concerns about survival action claims in Nevada, an experienced Las Vegas wrongful death attorney can help.
Schedule a Free Consultation With a Nevada Wrongful Death Attorney
At Naqvi Injury Law, our Nevada wrongful death attorneys are compassionate and experienced advocates for people and families. Our firm knows how to get results. If your loved one was killed as a consequence of negligence, we can help you get justice and financial support. For a free, no commitment case review, please call us now or reach out to us using our online contact form. From our Las Vegas law office, we represent grieving families in wrongful death claims throughout the region, including in Spring Valley, Paradise, Henderson, Summerlin, North Las Vegas, and Enterprise.