Losing a loved one is one of the most devastating experiences a family can face. What begins as an ordinary day can quickly turn into a life-altering tragedy. If you’re in Nevada and someone else’s negligence or deliberate act caused your loved one’s death, you may feel overwhelmed, heartbroken, and unsure where to turn. In these moments of devastation, understanding wrongful death lawsuits in Nevada becomes more than a legal concern; it becomes a necessary part of protecting your family’s future.
Fatal auto accidents, medical mistakes, or violent acts leave more than grief behind; they leave questions, bills, and a deep need for accountability. Nevada law allows surviving family members to take legal action, seek compensation, and demand justice for the pain they didn’t choose. You don’t need to handle that alone.
What options do you have? How can you ensure your voice and your loved one’s story are heard? Let’s explore what families should understand when pursuing a wrongful death claim in Nevada.
Understanding Wrongful Death Lawsuits
Wrongful death cases arise when a person dies because of someone else’s negligent, reckless, or intentional actions. These situations often involve tragic events, such as car accidents, medical malpractice, workplace injuries, or violent acts that result in a person’s death and leave families in grief and turmoil.
Unlike criminal proceedings that focus on punishing the offender, a wrongful death lawsuit is a civil claim. It allows the deceased person’s family or estate to seek financial compensation for the losses they’ve suffered due to the death.
Wrongful death lawsuits aim to hold the at-fault party accountable and provide surviving family members with a means to rebuild and move forward. Each case represents a family’s effort to claim their legal rights for a tragedy that should never have occurred.
Who Can File a Wrongful Death Lawsuit in Nevada?
Not everyone who grieves the loss of a loved one holds the legal authority to file a wrongful death lawsuit. NRS § 41.085 clearly outlines who may bring a wrongful death claim forward.
The right to file a wrongful death lawsuit in Nevada belongs to:
- The deceased person’s spouse or domestic partner
- Surviving family members, including children or, in some cases, parents
- The decedent’s personal representatives, who manage the deceased’s estate
Any of these parties may bring a death claim in Nevada to recover financial compensation for damages. Nevada law allows both heirs and personal representatives to pursue separate or joint actions against the responsible party, even if criminal charges are pending or resolved separately.
Understanding who holds the legal right to file helps start the process properly and empowers eligible parties to seek justice.
Types of Incidents That Lead to Wrongful Death Claims
Wrongful death claims stem from a wide range of incidents. Some of the most common reasons victims may pursue wrongful death claims include:
- Auto accidents caused by distracted, drunk, or reckless drivers
- Medical malpractice involving misdiagnosis, surgical errors, or failure to treat
- Criminal acts such as assault or homicide
- Workplace accidents or fatal exposure to hazardous materials
Whether it’s a fatal crash, a medical error, or an act of violence, each case reflects a breach of responsibility that demands legal accountability. Understanding the type of incident involved can help families take the first step toward justice.
What Damages Can Be Recovered in a Nevada Wrongful Death Case?
In a Nevada wrongful death claim, you can seek both economic and non-economic damages.
These may include:
- Medical expenses the deceased incurred before death
- Burial and Funeral expenses
- Lost wages and financial support that the deceased would have provided
- Pain and suffering endured by surviving family members
- Punitive damages, in cases involving extreme negligence or intentional harm
According to NRS § 41.085, heirs can seek non-economic damages like grief, loss of companionship, and emotional pain, while a personal representative can recover economic damages such as medical expenses related to the care the decedent received before death; they may also pursue compensation for funeral and burial costs.
In some wrongful death cases, courts may also award punitive damages if the defendant’s conduct involved gross negligence or an intentional act.
The Legal Process of a Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves several critical steps. The legal complexities can feel overwhelming, especially for grieving families. However, understanding the process can bring clarity:
- Investigation: Collect police reports, medical records, and other evidence to establish the wrongful act.
- File the claim: A legal claim must be filed within the statute of limitations
- Prove liability: Demonstrate how the defendant’s actions caused the deceased’s death.
- Settlement or trial: Many wrongful death settlements occur out of court, but others proceed to trial, where a judge or jury may award damages.
Some wrongful death lawyers work on a contingency fee basis, meaning they receive payment only if you win or settle the case. This arrangement helps families seek compensation without the burden of upfront legal fees, making legal representation more accessible at a time of significant emotional and financial strain.
Proving Liability in Wrongful Death Cases
Proving liability is the heart of a successful wrongful death lawsuit.
Plaintiffs must show:
- The defendant owed a duty of care to the deceased
- The defendant breached this legal duty through negligence or willful conduct.
- The breach directly caused the decedent’s death
- Damages resulted from the death
For example, in car accidents caused by drunk drivers, it must be shown that the driver’s intoxication led directly to the fatal accident. In medical malpractice cases, experts often help clarify how standard care was violated.
Difference Between a Survival Action and Wrongful Death
Nevada law recognizes both a wrongful death claim and a survival action.
They serve different purposes:
- Wrongful death claims compensate surviving family members for their personal losses.
- Survival actions allow the deceased’s estate to pursue damages the deceased could have claimed had they survived.
For instance, if the deceased incurred medical bills and pain before dying, the estate may recover those through a survival action.
Factors That Influence Wrongful Death Settlements
No two wrongful death settlements are the same. The amount depends on several factors:
- The age and health of the deceased
- Lost earning capacity
- Relationship between the deceased and surviving family members
- Degree of negligence or wrongful behavior
- Emotional impact on the surviving spouse or dependents
No amount of compensation can erase surviving family members’ loss, but a wrongful death claim allows them to seek accountability and financial support.
Why Timing Matters in Nevada Wrongful Death Claims
Nevada imposes strict deadlines for filing a legal action related to a wrongful death case. Typically, you must file within two years of the deceased’s death as outlined in NRS § 11.190(4)(e). Missing this deadline can forfeit your right to recover compensation.
Early action helps:
- Preserve critical evidence such as police reports and medical records
- Avoid delays that may weaken your claim
- Allow time to identify the responsible party and establish liability
Although the two-year statute is standard, Nevada law allows for limited exceptions. For instance, if the cause of death wasn’t immediately known, or if the person filing the claim is a minor, the court may extend the filing period. However, these exceptions are rare and depend on the specific circumstances of the case.
Because the statute of limitations applies even if criminal charges are ongoing, it’s essential for surviving family members to act promptly and understand their legal rights.
How Families Can Seek Justice and Support
Grieving families deserve the chance to seek justice, hold the defendant accountable, and pursue financial compensation for their suffering. While no legal outcome can erase the pain of loss, taking action offers a way to rebuild, find closure, and secure the family’s future.
Every wrongful death case carries not only legal consequences but also deep emotional weight. Filing a wrongful death claim allows families to preserve their loved one’s memory, safeguard their future, and help prevent similar tragedies from happening to others.
An experienced wrongful death attorney can help families:
- Understand the legal claim brought
- Handle the court system
- Gather crucial evidence
- Negotiate or litigate for fair compensation
If you live in Nevada, speaking with a Nevada wrongful death attorney can help you understand your legal options and move forward with clarity.
Pursuing Justice After a Loved One’s Death
Losing someone unexpectedly leaves behind more than sorrow. It creates legal, emotional, and financial challenges that can last for years, but families can pursue answers and hold the liable party accountable by filing a wrongful death lawsuit. Whether the loss stems from car accidents, medical malpractice, or other wrongful acts, the law provides a structure for surviving family members to act.
If your loved one’s death resulted from someone else’s negligence or willful conduct, the Bourassa Law Group is here to listen to your story, help you understand your rights, and guide you through the next steps.
Contact us today for a free consultation. Let us help you pursue justice with dignity and strength.
1-800-870-8910