Who Can File A Wrongful Death Claim In Nevada?
Nothing is more heartbreaking or gut-wrenching than losing a loved one in an accident that never should have happened. Through a wrongful death claim, surviving family members can take legal action to hold the at-fault party responsible. A wrongful death claim helps people get justice, accountability, closure, and the financial support that they need
This raises an important question: Who can file a wrongful death lawsuit? In Nevada, a wrongful death claim must be filed by the personal representative of the estate or the intestate heir. In this article, our Las Vegas wrongful death attorney provides a more detailed overview of the most important things that you need to know about who can file a wrongful death claim in Nevada.
Nevada Law: Claims Must Be Filed By Personal Representative of Intestate Heir
A fatal accident impacts an enormous number of people. Unfortunately, not everyone who was close to the victim has rights under Nevada’s wrongful death statute. Under Nevada law (NRS 41.085), a wrongful death claim can be filed by the personal representative of the estate and/or the decedent’s heirs under Nevada’s intestacy laws. In practice, this means that a wrongful death claim is typically brought on behalf of:
- Surviving spouse;
- Surviving children;
- Surviving parents; or
- Dependents of the victim.
A Wrongful Death Claim Must Be Initiated within Two Years (Statute of Limitations)
You do not have an unlimited window of time to file a wrongful death claim in Nevada. The statute of limitations for a wrongful death lawsuit in Nevada is two years from the date of the victim’s passing. What happens if no claim is filed before that deadline? With very limited exceptions, the surviving family members will miss out on their opportunity to take legal action. Do not wait to get started with the process. Consult with a Las Vegas wrongful death attorney as soon as possible.
Understanding the Damages Recoverable in a Nevada Wrongful Death Claim
Nothing can ever truly be sufficient to make up for the untimely loss of a person in a preventable accident. Still, a wrongful death claim—and the damages awarded through it—is an important aspect of getting justice. The compensation that can be recovered through a wrongful death claim in Nevada includes:
- Economic Damages: Economic damages include out-of-pocket medical costs, funeral and burial expenses, and loss of financial support/financial benefits.
- Non-Economic Damages: Non-economic damages include loss of love, loss of companionship, loss of comfort, loss of care, and loss of parental guidance.
Get Help From a Nevada Wrongful Death Attorney Today
At Cameron Law, our Las Vegas wrongful death attorney is an experienced, caring, and justice-focused advocate for families. If your family member was killed because of the careless, negligent, or other wrongful conduct of another party, we are here as a legal resource. Contact us today for a free, fully private consultation. We handle wrongful death claims in Las Vegas, Clark County, and throughout the wider region of Southern Nevada.