How Long Do You Have to File a Wrongful Death Lawsuit in Nevada?

The statute of limitations to file a wrongful death lawsuit in Nevada says you have two years from the date of death. Therefore, if you have proof that a loved one died from the negligence of another party, you must act immediately.

Losing a loved one is never an easy experience, and the grieving process marks a time of great distress. It’s even more difficult if the death is attributed to someone else’s negligence or a party’s wrongful actions. In these cases, family members can seek justice by filing a wrongful death lawsuit.

Time Limits for Filing a Wrongful Death Lawsuit in Nevada

It’s crucial for family members to know and take note of the time limits associated with filing a claim. Again, the statute of limitations is two years from the date of the victim’s death. This means that once two years have passed, you can’t pursue a legal claim against the responsible party.

Failure to file within this time frame can result in losing your rights to any potential compensation from an at-fault party. Therefore, it’s in your best interest to contact an experienced wrongful death attorney as soon as possible following your loved one’s passing.

How Is Wrongful Death Defined?

Nevada’s legal system defines wrongful death as a death that results from neglect or the wrongful act of another party. Therefore, this type of fatality occurs as the result of a legal fault of another – a fault that is based on negligence (such as a car accident claim), medical malpractice, or an intentional act (such as a crime).

A wrongful death claim is a type of personal injury lawsuit where the victim is no longer able to bring the case to court. Instead, a surviving family member or a personal representative for the victim’s estate must file the lawsuit to establish liability and request damages.

Proving Your Case in a Wrongful Death Lawsuit

To successfully file a wrongful death lawsuit, you must prove negligence by showing that the following elements led to the death:

1. Duty of Care: First and foremost, your wrongful death attorney must prove the defendant (or the party responsible for the wrongful act) owed a duty of care to the deceased.

This basically means that they were legally responsible for ensuring the safety and well-being of the victim.

2. Breach of Duty: Next, your lawyer must show that the defendant breached the duty of care through negligence or an intentional act. This could involve careless driving, failing to follow safety regulations or any other action that puts others at risk.
3. Causation: It’s essential to demonstrate that the defendant’s actions directly caused or contributed significantly to your loved one’s death. For instance, if you have evidence that a drunk driver caused the mishap that led to your loved one’s death, this would typically satisfy the element of causation.
4. Damages: Finally, you must prove that the wrongful death resulted in quantifiable damages – damages for which you can seek compensation.

Damages, in this case, may include funeral expenses, medical expenses, the costs of health insurance, loss of income or financial support, emotional pain and suffering, and loss of companionship. Sometimes punitive damages are awarded in cases where the defendant behaved with malice, oppression, or with extreme recklessness.

The cap on punitive damages in Nevada is $300,000 for compensatory amounts of $100,000 or less. If compensatory damages are $100,000 or more, then punitive damages are three times the amount of the award.

Who Can File a Wrongful Death Claim in Nevada?

This may lead you to wonder which parties can file a wrongful death claim in Nevada. Only surviving family members or the personal representative of the decedent’s estate are allowed to bring a wrongful death action in the state. NRS 41.085  establishes the guidelines for filing a wrongful death case.

For example, if a person who is married wrongfully dies, their domestic partner or surviving spouse and children can file a claim. If the decedent was not married and did not have children, their parents, siblings, or the next closest surviving family member may bring an action for wrongful death.

You cannot bring a wrongful death claim if you’re a significant other, fiancé or fiancée, or close friend, even if you’re named as a beneficiary in the victim’s will.

Why Do You Need to Speak to a Wrongful Death Attorney?

Seeking professional help from an experienced wrongful death lawyer is important if you have to navigate the court system in Nevada. They can provide you with valuable insights and guidance so you can present a solid case.

While no amount of compensation can ever bring your loved one back, filing a wrongful death lawsuit can help hold the other party accountable and provide some financial relief during a challenging and upsetting time.

Contact a Las Vegas Wrongful Death Attorney Right Away

Contact Cloward Trial Lawyers about your wrongful death claim today. The sooner you act, the better. Again, you only have two years from the date of your loved one’s death to file a claim and receive compensation. Don’t delay things any further. Find out what you need to do to file a claim today.