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.
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.
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.
To successfully file a wrongful death lawsuit, you must prove negligence by showing that the following elements led to the death:
This basically means that they were legally responsible for ensuring the safety and well-being of the victim.
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.
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.
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 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.
In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.
Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV
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