Who Can Bring A Wrongful Death Lawsuit In Nevada?
The death of a loved one is devastating, and when it is due to the negligence or wrongdoing of another person, the loss can be even more difficult to bear. Fortunately, Nevada law allows certain individuals to file a wrongful death lawsuit against the responsible parties.
If your loved one died because of someone else’s negligent conduct, our lawyer at Cameron Law can explain who has the legal right to bring such a lawsuit in Nevada. Our Las Vegas wrongful death lawyer can help you navigate through the legal process during this time of sorrow.
Who Can File a Wrongful Death Lawsuit?
Nevada Revised Statutes 41.085 provides that only two parties can file a wrongful death lawsuit in Nevada:
- The personal representative of the estate; and
- The intestate heirs of the deceased victim.
Intestate heirs can be defined as surviving family members. However, not all surviving family members can bring a wrongful death lawsuit in Nevada. Intestate heirs include the surviving spouse or domestic partner and children. If the deceased did not have a spouse or domestic partner and children, the following heirs would be eligible to file a wrongful death lawsuit:
- Other closest surviving family members
Some parties are not eligible to file a wrongful death lawsuit in Nevada. These include close friends, fiancées, and significant others.
Why File a Wrongful Death Claim?
After losing a loved one, surviving family members may not be willing to file a wrongful death claim. “It will not bring my loved one back,” they think. Sure, no money in the world can bring back your loved one, but filing a wrongful death lawsuit can accomplish other things:
- Hold the negligent party accountable. Filing a wrongful death claim allows you to hold the negligent party accountable for their conduct.
- Get compensation. The death of a family member can result in unexpected expenses and losses, such as funeral and burial expenses, loss of income, and others. Filing a wrongful death claim can ease financial stress.
- Find closure. If someone else’s negligence resulted in your loved one’s death, suing that person or entity for wrongful death can help surviving family members find closure.
If you are not sure whether or not you should bring a wrongful death claim, consult with a knowledgeable attorney.
What Damages Can Be Recovered?
Nevada law also outlines what types of damages may be recovered in a wrongful death lawsuit in the state. These include:
- Medical expenses incurred prior to death;
- Funeral and burial expenses;
- Lost wages and benefits (economic damages);
- Pain and suffering endured by the deceased prior to their passing (non-economic damages); and
- Losses suffered by family members as a result of their loved one’s untimely passing (non-economic damages).
It can be difficult for grieving families after losing someone they love due to another person’s negligence or wrongdoing. However, it is important to understand and exercise your rights to seek justice and find closure.
Consult with a Wrongful Death Lawyer Today
If you believe you may be eligible for bringing forth a wrongful death lawsuit in your state after losing someone close due to another person’s negligence or misconduct, it is important that you speak with an experienced attorney. At Cameron Law, our wrongful death lawyer can provide guidance on your best course of action moving forward. We can help you fight for justice for you and your family following such an unimaginable tragedy. Call 702-745-4545 to discuss your situation during a free consultation.