Wrongful Death Laws in Nevada
When a loved one’s life is taken because of someone else’s actions or carelessness, the emotional and financial fallout can be overwhelming. Nevada’s wrongful death laws allow surviving family members to pursue legal action to recover compensation and demand accountability. Whether the loss was caused by a car accident, medical malpractice, or another tragic event, understanding your legal options is an important step toward justice.
Who Can File a Wrongful Death Claim in Nevada?
Nevada law allows two groups to file a wrongful death claim:
- Heirs of the deceased, such as a surviving spouse, children, or parents.
- The personal representative of the deceased person’s estate.
Both the heirs and the personal representative may bring legal claims for different types of damages. These actions may be combined into one lawsuit to simplify the legal process.
What Qualifies as a Wrongful Death?
A wrongful death occurs when someone dies due to the negligence, recklessness, or intentional act of another. These cases are similar to personal injury lawsuits, but they’re brought on behalf of the person who has died. Common causes of wrongful death in Nevada include:
- Car, truck, or motorcycle accidents
- Medical negligence
- Fatal workplace incidents
- Defective products
- Premises liability
- Criminal violence
What Types of Compensation Are Available?
Nevada allows for a wide range of damages in wrongful death lawsuits. Heirs and personal representatives may be eligible for different forms of compensation, including:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Loss of the deceased’s income and benefits
- Loss of companionship, affection, and emotional support
- Pain and suffering experienced by the deceased before death
- Property damage caused in the incident
In rare cases involving egregious misconduct, punitive damages may be awarded to punish the wrongdoer.
Statute of Limitations in Nevada
The statute of limitations for wrongful death claims in Nevada is two years from the date of the person’s death. Failing to file a claim within this time frame may prevent your family from recovering any compensation.
Given the complexity of these cases, it’s wise to consult a lawyer early to ensure your rights are protected.
Wrongful Death and Car Accidents in Nevada
Fatal car accidents are among the leading causes of wrongful death in Nevada. If your loved one was killed due to another driver’s negligence—such as speeding, drunk driving, or distracted driving—you may have grounds to file a wrongful death lawsuit.
Nevada follows a modified comparative fault system. This means your family can still recover compensation as long as the deceased was not more than 50% at fault for the crash.
Workplace Fatalities in Nevada
If someone dies on the job, the family may be entitled to workers’ compensation death benefits from the employer’s insurance. These usually include funeral costs and partial wage replacement.
If another party outside the employer contributed to the accident, such as a subcontractor or manufacturer, a separate wrongful death lawsuit may be filed against that third party.
Frequently Asked Questions About Wrongful Death in Nevada
Can a sibling file a wrongful death lawsuit?
Only if the sibling is a legal heir and there are no surviving spouses, children, or parents. The right to file depends on the family’s legal relationship to the deceased.
What if the at-fault person is also facing criminal charges?
A wrongful death claim can proceed independently of any criminal case. You can still pursue civil compensation even if there is no criminal conviction.
How is the money from a wrongful death claim divided?
Compensation awarded in a lawsuit is divided among the legal heirs based on their relationship to the deceased and the extent of their loss.
What happens if the deceased had no will?
The court will appoint a personal representative to file the wrongful death claim and manage the estate. This is common and does not prevent your family from seeking justice.
Contact a Nevada Wrongful Death Lawyer Today
If you’ve lost a loved one in an accident caused by someone else’s negligence, a wrongful death attorney in Nevada can help you move forward. Filing a claim may provide your family with the financial support you need while also sending a message that careless behavior has consequences. Contact a trusted legal professional today for a free consultation and guidance tailored to your situation.