Losing a loved one is a heavy burden. When that loss happens because someone else was careless, it feels even worse. You might be facing high hospital bills and funeral costs while trying to process your grief. This is where a Nevada wrongful death lawsuit comes in. It is a civil case that helps families get money for their losses. Nevada law defines this as a death caused by the wrongful act or neglect of another person. It is basically a personal injury case where the victim can no longer speak for themselves.
Understanding the Nevada Wrongful Death Statute
If you want to hold someone responsible, you have to follow the Nevada wrongful death statute. Specifically, NRS 41.085 and NRS 11.190(4)(e) are the main rules. These laws explain that negligence is the reason for most suits. Negligence means a person had a duty to be careful, failed to do so, and caused a death. This applies to car crashes, medical mistakes, or even intentional acts like an assault. You can file a civil suit even if the police are also bringing criminal charges for a DUI or hit and run.
The Two-Year Deadline for Filing
Time moves fast when you are grieving. However, you must pay attention to the statute of limitations. In Nevada, you generally have two years to start your lawsuit. This countdown starts on the day the person dies. If you miss this window, the court will likely throw your case out. You might think you can still talk to insurance companies after two years. While you can talk to them, you lose your leverage. They know you cannot sue them anymore, so they will probably offer much less money or nothing at all.
Who Is Allowed to File a Claim
Not just anyone can sue for a wrongful death. Nevada has a specific order for who can file. The personal representative of the estate is usually the one to start the process. This person is often named in a will. If there is no representative, the surviving spouse and children are next in line. If the deceased person had no spouse or kids, the parents can file. Siblings are only allowed to sue if none of the other relatives exist. This system ensures the money goes to the people who were closest to the deceased.
What Kind of Money Can You Recover
The goal of these cases is to provide financial stability for the survivors. You can ask for money to cover medical bills from the final injury and funeral expenses. You can also seek payment for lost wages and health insurance benefits the deceased person would have provided. There are also non-economic damages. These cover the emotional toll and the loss of companionship. In cases where the defendant acted in a truly terrible way, a judge might even award punitive damages to punish them.
Friedman Injury Law understands how hard this time is for your family. If you lost someone and need a Las Vegas injury lawyer, call (702) 970-4222. We offer a free consultation to look at your case and explain your rights. We can help you gather evidence and handle the insurance companies while you focus on your family.
