Losing a loved one is an unimaginable pain. When that loss is due to someone else’s carelessness or wrongful actions, the grief can be compounded by confusion, anger, and financial worry. You might be overwhelmed by medical bills, missing work, and trying to understand what comes next. It’s natural to feel lost, but filing a wrongful death claim can help bring closure.
In this article, we’ll explain your legal rights under Nevada law and how pursuing a wrongful death claim can bring a sense of justice and may provide financial stability for your family. You’ve already lost so much; you don’t have to face this alone.
What Is a Wrongful Death Claim in Nevada?
In Nevada, a wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligence, carelessness, or intentional wrongdoing. This isn’t a criminal case, like a homicide prosecution, which focuses on punishment for a crime. Instead, a wrongful death claim is about seeking compensation for the losses suffered by the deceased person’s family and estate.
Nevada Revised Statute (NRS) 41.085 is the law that gives families the right to sue for wrongful death. This law allows you to seek justice and financial recovery from the individual, company, or other party responsible for your loved one’s death.
Who Can File a Wrongful Death Lawsuit?
One of the first questions people have is whether they are legally allowed to bring a wrongful death claim. Nevada law is very specific about who can file, and generally, there are two groups of people who can bring a lawsuit:
- The Personal Representative of the Estate: This person is appointed to manage the affairs of the deceased person’s estate. They can file a claim on behalf of the estate itself.
- The Heirs: These are the individuals who would inherit the deceased person’s property under Nevada’s intestacy laws (meaning if there wasn’t a will). This typically includes:
- Surviving spouse or domestic partner
- Children (including adopted children)
- Parents (if there is no surviving spouse or children)
- Siblings or next of kin (if there are no closer family members)
It’s important to know that certain individuals are excluded from filing, such as those deemed to have caused the death under NRS Chapter 41B. Many people are unsure if they count as a legal heir, and the specific rules for who qualifies as an “heir” are found in NRS 41.085(1). If you are unsure whether you have the legal standing to file, a free consultation with a wrongful death attorney can clarify your eligibility.
What Types of Damages Can Be Recovered?
Wrongful death claims seek to recover various types of compensation, helping to ease the financial burden and acknowledge the profound emotional losses experienced by families. The law divides damages into two main categories based on who is filing the claim:
Damages for the Estate (Filed by the Personal Representative)
The personal representative can recover damages that the deceased person would have been entitled to if they had lived. These damages are designed to compensate for direct financial losses incurred before and immediately after death. This includes:
- Medical bills incurred from the time of injury until death.
- Funeral and burial expenses.
- Punitive damages if the at-fault party’s actions were particularly reckless or malicious.
It is important to understand that damages recovered by the estate may be subject to the deceased person’s debts.
Damages for Heirs (Filed Individually)
Heirs can recover for their personal losses resulting from the death of their loved one. These damages recognize the emotional and financial impact on the surviving family members and are not subject to the deceased person’s debts. This is a crucial point for families worried about existing financial obligations. Damages for heirs can include:
- Grief and sorrow: Compensation for the deep emotional distress and suffering caused by the loss.
- Loss of probable support, companionship, society, and comfort: This accounts for the financial and emotional contributions the deceased would have made to the family, including financial support, guidance, and the comfort of their presence.
- Loss of consortium: For a spouse, this covers the loss of marital intimacy and support.
- Pain, suffering, or disfigurement of the deceased: While the estate cannot recover for this, heirs can.
How Long Do You Have to File? (Statute of Limitations)
Time is a critical factor in wrongful death claims. In Nevada, the standard time limit for filing a wrongful death lawsuit is generally two years from the date of death. This is established under NRS 11.190(4)(e), which specifically addresses actions to recover damages for the death of a person caused by the wrongful act or neglect of another.
While this two-year period is the general rule, it’s important to understand that legal deadlines can be complex and may vary depending on the unique circumstances of each case. For instance, certain situations, like those involving medical malpractice leading to death, may have different or more nuanced deadlines. Additionally, there are specific legal exceptions that can “toll” or pause this clock, such as if the claimant is a minor or incapacitated, or if the cause of death was fraudulently concealed.
It is crucial not to assume it’s too late to file. Even if some time has passed, or if you believe your situation might be an exception, speaking with a wrongful death attorney as soon as possible is essential. They can evaluate the specific details of your case, determine the applicable deadlines, and ensure your rights are protected.
What Is the Legal Process Like in a Wrongful Death Claim?
The idea of a lawsuit can feel daunting, especially when you are grieving. However, with the right legal guidance, the process can be straightforward and designed to reduce your burden. Here’s a general overview of what a wrongful death claim involves:
- Investigation and Evidence Collection: Your attorney will thoroughly investigate the circumstances of your loved one’s death. This involves gathering evidence like accident reports, medical records, witness statements, and expert opinions.
- Establishing Liability: The goal is to prove that another party’s negligence or wrongdoing directly caused your loved one’s death.
- Negotiating with Insurers: Most wrongful death claims are resolved through negotiations with insurance companies. Your attorney will handle all communication and work to secure a fair settlement.
- Filing the Lawsuit (if needed): If a fair settlement cannot be reached through negotiation, a formal lawsuit will be filed in court. Under NRS 41.085(3), the claims of heirs and the personal representative can often be joined in a single action to streamline the process.
- Settlement or Trial: The vast majority of cases settle before trial. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome.
Throughout this process, your legal team will handle most of the heavy lifting. When working with an injury law firm like Jensen Personal Injury Law, you will not be required to pay upfront legal costs in a wrongful death claim. These wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they win your case. This approach allows you to pursue justice without adding financial strain to your already difficult situation.
Common Challenges and How to Manage Them
Even with a strong case, wrongful death claims can present complexities. These are common issues that families face, and knowing about them can help you feel more prepared:
- Multiple Claimants: When there are several heirs, disagreements can arise over who should sue or how any settlement proceeds should be divided. Nevada law, and cases like Nationwide Mut. Ins. v. Moya (1992), highlight that multiple claimants must often share the same “per person” policy limit, which can create challenges.
- Insurance Company Delays or Lowball Offers: Insurance companies may try to delay the process or offer less than your claim is worth. They might even settle with some claimants and not others, potentially risking a bad faith claim (Allstate Ins. Co. v. Miller (2009)).
- Not Setting Up an Estate Promptly: If a personal representative is needed to bring certain claims, delays in establishing the estate can affect the timeline of the lawsuit.
These problems are common and can be effectively managed with experienced legal guidance. A skilled attorney understands these potential roadblocks and can work to protect your interests, facilitate communication among family members, and stand firm against unfair insurance practices.
How a Wrongful Death Lawyer Can Help
When you are coping with such a profound loss, taking on a legal battle might seem impossible. This is precisely why having a dedicated wrongful death attorney by your side is so valuable. A lawyer specializing in wrongful death claims can:
- Provide Legal Expertise: They will use their deep understanding of Nevada law to maximize your compensation and ensure all eligible damages are pursued.
- Deal with Insurers and Paperwork: Your attorney will handle all communications with insurance companies, manage complex legal paperwork, and meet crucial deadlines, removing a significant burden from your shoulders.
- No Fee Unless They Win: With contingency-based representation, you pay no upfront legal fees. Your attorney’s payment is a percentage of the compensation they secure for you. This means you can pursue justice without financial risk.
- Offer Emotional and Strategic Support: Beyond legal knowledge, a compassionate attorney provides crucial guidance and support during a traumatic time, helping you make informed decisions about your case.
The Next Steps in Filing a Wrongful Death Claim
Losing a loved one due to someone else’s negligence is a profound and painful experience. Nevada law provides a clear path for families like yours to seek justice and financial recovery. While the legal process can seem complex, you have rights, and you do not have to carry this burden alone. Remember, the two-year deadline for filing a claim is critical.
If you are unsure whether you qualify to file a wrongful death claim, what types of damages you may be entitled to, or what your next steps should be, speaking with a wrongful death attorney can provide clarity and peace of mind.
The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal or medical advice. You should consult an attorney or doctor for advice regarding your own individual situation. Use of this website or submission of an online form does not create an attorney-client relationship.