Losing someone close to you is painful enough, and when the circumstances were due to another’s negligence, recklessness, or intentional actions, it’s even more heartbreaking for the deceased’s family and friends.
That’s why there are wrongful death attorneys under Nevada law to help surviving family members seek justice and financial stability. Before you file a wrongful death lawsuit, however, there are many important factors to consider.
Defining a Wrongful Death Claim in Nevada
Each state across the nation has a unique legal interpretation of wrongful death claims. A Las Vegas wrongful death lawyer would explain to you that Nevada law recognizes two classes of claimants, the decedent’s estate and the intestate heirs (more on that below).
The intention of a wrongful death lawsuit is not to punish the wrongdoer with time behind bars. Instead, a death attorney would guide you in filing a civil lawsuit to help you receive compensation for the tremendous losses you’ve experienced, both emotionally and economically.
A claim can be filed in Nevada by a wrongful death lawyer following a vehicular accident caused by another party’s recklessness or distraction. Malpractice is another reason for filing a wrongful death lawsuit, such as a fatal misdiagnosis or surgical error. Other circumstances leading to a lawsuit include workplace accidents caused by negligence, accidents occurring on dangerous property, and incidents involving hazardous or defective products.
Understanding the Statute of Limitations
Here in Nevada, timing matters as you consider filing a wrongful death lawsuit. There is a two-year deadline, and if you wait even 24 hours after the statute of limitations expires, your case will be dismissed. It doesn’t matter how clear your case is or how overwhelming the evidence is. The law is strict for bringing the case to court.
A Las Vegas wrongful death lawyer would strongly advise your family or the personal representative of the estate to make a formal filing in civil court within the two-year window of the victim’s date of death.
Knowing Who Is Eligible to File a Civil Suit
As stated above, two classes of claimants can file a wrongful death lawsuit. According to a wrongful death attorney, the first is a claim in favor of the estate and can be filed by the personal representative of the decedent. NRS 41.085(5) states that the estate may recover “any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses.” The estate may also pursue “any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived.”
Under Nevada’s intestate succession law, the second class of claimants is individuals who qualify as the decedent’s heirs. NRS134.030 et seq. states that each heir can recover for his or her own “grief or sorrow, loss of probable support, companionship, society, comfort and consortium.” Each heir can also seek compensation for damages for the “pain, suffering or disfigurement of the decedent.”
Fiancées, unmarried partners, unadopted stepchildren, foster children or anyone else who does not qualify as an “intestate heir” under NRS 134.030 may not recover for wrongful death.
Choosing Highly-Skilled Wrongful Death Attorneys
Your family deserves compassionate guidance from a seasoned Las Vegas wrongful death lawyer. The clock is ticking on filing a wrongful death lawsuit, and dealing with insurance companies can be tricky, especially when they try to drag out negotiations.
Don’t miss the two-year statute of limitations! Reach out today to ConnellLaw.com.
“We are dedicated to securing the compensation you deserve.”
