The death of a loved one is always difficult, but it can be even more heart-wrenching when a friend or relative dies unexpectedly at the hands of someone else. All 50 states have their own laws regarding wrongful death lawsuits. Our personal injury lawyers look at Nevada’s wrongful death laws including the definition of wrongful death, the statute of limitations for filing a claim, and who is eligible to file.
What Is Nevada’s Definition of “Wrongful Death?”
Wrongful death in Nevada is when the negligent, reckless, or intentional behavior of one person leads to the death of another. When this happens, you can file a personal injury claim for a civil remedy. A wrongful death claim is filed for an injured person who can no longer file his or her own lawsuit. Someone else brings the claim to court instead to establish liability and pursue damages.
What Is the Statute of Limitations for Filing a Wrongful Death Case in Nevada?
Laws in Las Vegas and the rest of Nevada impose a time limit on wrongful death claims called the “statute of limitations.” Wrongful death claims in this state must be filed within two years after the date the deceased person passed away.
If the plaintiff waits longer than two years to file a claim in a Nevada court, the defendant can file a motion to get the case dismissed, and the court will grant their request. If you’re coming up on the end of the two-year filing period, you’ll need to contact an experienced Clark County wrongful death attorney to determine how the deadline will affect your case and preserve your legal options.
Can You File a Nevada Wrongful Death Claim?
The following parties may file a wrongful death lawsuit in Nevada:
- The surviving domestic partner, spouse, or child of the deceased
- The deceased person’s parents, if there is no surviving child or spouse
- The deceased’s personal estate representative
The only other individuals who might be allowed to file a wrongful death claim are those who can demonstrate to the court that they were a dependent of the deceased when they passed. For example, stepparents or stepchildren who relied on the deceased to support them may have the basis of a wrongful death case. Even a child nonrelative who was supported by the deceased for at least half of each calendar year may be eligible to file a claim and receive damages if they win.
A wrongful death case is only a civil lawsuit. It isn’t related to any criminal filings. Instead, it must be filed in court directly by the surviving family members or personal representative and liability only means that the defendant is responsible for monetary damages. Wrongful death claims in Nevada are filed separately from criminal homicide charges, though both types of cases can be active at the same time.
How Can the Disability Help Center in Nevada Assist You?
With any courtroom proceeding, an attorney is an invaluable asset, both because they can explain legal concepts to the jury, judge, and prosecution, and because they have years of experience with similar matters. Research from similar cases can be carried over into the courtroom for current claims for a better chance of winning.
If you’ve lost someone close to you due to someone else’s negligence or intentional harm, contact a personal injury lawyer at the Disability Help Center in Nevada at 855-704-4222 to discuss a wrongful death claim. We’ll help you determine what legal actions you might take to bring some closure and comfort back to your life. You can also fill out our online form and a legal representative will contact you to schedule a free case evaluation.