The statute of limitations refers to the period you must file a lawsuit against the negligent party. In wrongful death cases, it is the time the deceased’s family has to sue the party or parties responsible for their loved one’s death. The court will bar claims filed after the statute of limitations expires, with a few exceptions.
Unfortunately, if you’re in a similar situation in Nevada, here’s what you need to know about the wrongful death limitation statute!
Statute of Limitation for Wrongful Death in Nevada!
If your family member died due to someone else’s negligence, you have limited time to seek justice for your loved one under Nevada law. Such a claim allows you to hold the at-fault party accountable and help ease your financial burden after the unexpected death of a loved one. Unfortunately, if you file your claim too late, you will not be able to receive compensation for your loss.
The statute limits the time you must file a compensation claim after a loved one’s wrongful death. In Nevada, it is typically two years from the date of death of your loved one. This means that if you try to file a claim after the deadline, you may not be able to receive compensation.
Discovery Date
In some wrongful death cases, the deceased’s family may find out later the death’s cause. For example, after death, they may eventually discover that a dangerous drug was the cause of death. In these cases, the countdown begins from the date the family discovers or reasonably should have discovered that the death was caused by another person’s negligence or wrongful actions.
Understanding how this “discovery rule” may apply to you is crucial. Talk to an expert Nevada wrongful death lawyer about the statute of limitations in a wrongful death case as soon as possible.
When Does Clock Starts Ticking?
The time limit for wrongful death claims depends on the circumstances of the individual claim. The statute may be based on the following:
- The Death Date: This is the most common starting point for wrongful death cases, especially if the deceased died suddenly from an apparent cause, such as an accident.
- The Date the Death’s Cause is Discovered: Sometimes, the cause is not discovered immediately. When this happens, the clock does not start ticking until the family finds that a wrongful act caused the death.
- Other Circumstances: There are additional exceptions to the statute of limitations when the defendant is a minor or suffers from mental or physical disabilities.
Considerations in a Wrongful Death Case
There are many things to consider during a wrongful death lawsuit. For example:
- A judge can bar such a claim if it is found derivative. That means the judge finds the claim arose from a personal injury claim filed before the person died.
- Legal considerations also apply to such claims related to certain types of accidents. Product liability cases, for example, follow special rules.
- There may also be statutes of repose related to specific wrongful death claims. These laws are designed to prevent wrongful death claims when a product has been off the market for a long time.
You should speak to a wrongful death lawyer as soon as possible about the details of your case.
Can You Afford the Wrongful Death Statute of Limitations?
What if you want to file a lawsuit, but the statute has already expired? In most cases, you have no options. However, in the right circumstances, courts can waive the limitation and allow your claim to proceed.
The most common situation in which courts can waive the statute is when the claim involves a minor and the death of one or more of the child’s parents. In these cases, minors may have up to two years from their 18th birthday to file a lawsuit for wrongful death.
However, a minor does not have to wait until then. A surviving parent or guardian may file a claim on their behalf before they turn 18.
Looking for an Experienced Las Vegas Wrongful Death Attorney! Reach Out to the Bourassa Law Group Team!
At the Bourassa Law Group, we understand the impact a wrongful death can have on you and your family. We want to help in any way we can. Don’t wait to take the first step. Our experienced personal injury attorneys will investigate the circumstances of your loved one’s wrongful death and pursue the maximum compensation you deserve.
Call us at (800)870-8910 to schedule a FREE consultation!
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