How to Seek Justice for a Wrongful Death in Nevada [An In-Depth Guide]

Losing a loved one can bring on indescribable pain, especially if it happens because of someone else’s negligence. The grieving process will feel overwhelming regardless of the cause, but to know that the victim’s life was cut short can make it difficult to heal from the situation. In Nevada, affected families are given the legal right to file a wrongful death claim to pursue justice on behalf of the deceased individual. But, navigating such a lawsuit can be challenging, which is why it is important to understand the legal implications of a wrongful death and how to approach it.

What Is a Wrongful Death?

A wrongful death in Nevada occurs when a person is killed due to negligent actions resulting from another individual or entity. Common causes include:

• Car accidents
• Medical malpractice
• Intentional conduct
• Unintentional reckless actions

Who Can File a Wrongful Death Claim in Nevada?

In Nevada, a wrongful death claim can be filed by:

• Personal representatives
• Surviving spouse or children
• The deceased’s parents or siblings
• If there are no surviving family members, it will be the next closest relative

Under the state’s “one-action” rule, wrongful death claims must be made into a single legal action, meaning that all eligible plaintiffs must file together rather than submitting separate lawsuits. This is done to prevent multiple similar submissions from delaying court proceedings.

Proving Liability in a Wrongful Death Case

To prove liability in a wrongful death case, you will need to gather evidence that shows how the defendant was the primary cause of the accident. To establish a claim of negligence, you will need to demonstrate its four elements:

• The defendant owed the victim a duty of care
• The defendant breached their duty of care
• The defendant’s recklessness ultimately lead to the victim’s death
• The surviving family members suffered losses after the victim’s passing

Be sure to acquire witness statements and a copy of the decedent’s medical records to use as proof in your wrongful death case.

Available Damages in Wrongful Death Lawsuits

Available damages in a wrongful death lawsuit will vary depending on what factors are involved. The court will consider some of the following factors when determining and distributing compensation:

• The decedent’s age and life expectancy
• The decedent’s earning capacity
• The surviving family member’s relationship with the decedent

Typically, economic damages and non-economic damages are awarded in such a case.  However, if the deceased person’s estate is the one filing a wrongful death claim, they may recover medical expenses and any punitive damages they could have acquired had they lived after the incident.

Now, if the family members are submitting a wrongful death lawsuit, they will be entitled to recover damages for other types of losses they sustained after the victim’s passing, like:

• Loss of companionship, comfort, and affection
• Loss of financial support
• Funeral and burial expenses
• Emotional distress

Statute of Limitations to File a Nevada Wrongful Death Claim

The statute of limitations to file a wrongful death claim in Nevada is usually two years from the date of when the victim passed away. Although it seems like enough time to take legal action against the defendant, you should act quickly to ensure you gather enough evidence and find the right wrongful death attorney to represent you. Failing to fulfill these obligations can set you back from meeting the deadline, thus causing you to lose your chances to recover damages.

What to Expect During a Wrongful Death Lawsuit

During a wrongful death lawsuit, you can expect to undergo the following:

1. You will meet with a personal injury lawyer to discuss the incident and learn whether you have a valid claim.
2. Your legal representative will assess the information provided, identify the at-fault party, and determine what course of action to take.
3. A complaint will be drafted outlining the allegations made against the defendant, which they will later be notified of and respond to.
4. The discovery phase will commence, meaning that both parties will need to share important information about the situation.
5. Witnesses will answer questions regarding the wrongful death under oath.
6. Prior to a trial, both sides may negotiate to reach a settlement in a mediation, in which a third-party will be present to help facilitate the discussions.
7. If no agreement has been made by both sides, the wrongful death case will head to trial.
8. Jurors will be selected. Both you and the defendant will need to present your cases to them to give them a better understanding of the circumstances involved. The jury will then deliberate after all of the information has been shared.
9. Once a decision has been made by the jurors, they will announce what they collectively agreed to.
10. Either you or the defendant can appeal the verdict if you are not satisfied with the outcome.

Does Insurance Cover Wrongful Death in Nevada?

Insurance companies can cover wrongful death in Nevada, but it mainly depends on the policy details. In most cases, the payout by the insurance is not going to be enough. This especially applies if multiple parties are presenting wrongful death claims together, like the deceased person’s heirs or personal representative. As a result, the benefits distributed may fall short of what was originally sought.

Wrongful Death vs Survival Actions: What’s the Difference?

A wrongful death and a survival action address claims pertaining to a person’s death, but serve different purposes that may involve various types of damages for the deceased person’s estate and surviving family members.

Wrongful Death

In a wrongful death lawsuit, the deceased person’s estate or family members can pursue legal action against the liable party to receive compensation, including economic and non-economic damages.

Survival Actions

A survival action shares some similarities with wrongful death cases, but it has some notable factors that make it distinct. This form of lawsuit is brought on when a decedent’s estate seeks compensation for any pain or bodily harm the victim endured as a result of the defendant’s negligence.

For instance, if the deceased person sustained serious injuries after an accident and passed away a few weeks later, a survival action would seek to hold the at fault individual or entity responsible for the victim’s expenses, like medical bills and pain and suffering, from the initial time of when the incident occurred up until the death.

Get Legal Assistance with a Wrongful Death Lawsuit for FREE

If your loved one’s death was caused by someone else’s reckless behavior, you may be entitled to sue. At West Coast Trial Lawyers, our Nevada team is readily available to assist you with the filing process. We will take on any difficult tasks that may arise in your wrongful death case while giving you time to deal with grief.

To schedule a free consultation with an experienced attorney, you can get in touch with us by calling (213) 927-3700 or filling out our easy online contact form.