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Personal Injury
Learn about wrongful death claims in Nevada, including who can file, types of compensation, and how settlements are calculated under NRS 41.085.
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A wrongful death lawsuit is a civil lawsuit that is filed by surviving family members, such as a surviving spouse, in which they claim that the death of their loved one was caused by someone else's negligence, reckless or intentional actions.
Family members filing a wrongful death claim seek to obtain financial compensation for losses suffered because of the death of a family member and hold the liable party responsible for their actions.
In Nevada, wrongful death claims are outlined under NRS 41.085, which explains the Nevada wrongful death laws and covers information such as who may file a wrongful death claim and what damages a person could recover.
Under Nevada law NRS 41.085, parties that can file a wrongful death lawsuit on behalf of a deceased person are:
We recommend that before you file a wrongful death claim, you consult with a Las Vegas wrongful death attorney from our law firm.
In wrongful death cases, numerous damages can be sought and obtained.
These damages typically fall into two categories: compensatory damages and punitive damages.
These forms of damages are meant to compensate the family for the financial and emotional damages caused by the death of a family member.
Compensatory damages recoverable in a wrongful death claim usually include non-economic and economic damages which contain:
Punitive damages cannot be sought in wrongful death claims but are instead awarded by the court if the defendant's actions were considered to be reckless or malicious.
These damages are meant to punish the at-fault party for their actions and deter similar behavior.
The process of wrongful death suits in Nevada is relativity straightforward, with the goal of compensating the surviving family members for the losses sustained due to the death of a loved one.
Below, we cover the steps of a Nevada wrongful death lawsuit and information surrounding each of them.
The start of a wrongful death case begins with the deceased's spouse, domestic partner, child, parent, or personal representatives of the deceased's estate contacting a Nevada wrongful death attorney and filing a lawsuit.
Like most personal injury cases, a wrongful death case can be resolved through negotiation rather than going to trial.
Negotiations are typically handled by the experienced wrongful death attorney the family chooses to represent them and are conducted with the defendant's insurance company or legal representation.
The attorney will utilize evidence during the negotiations to establish liability and obtain the compensation the family or estate is entitled to.
If a fair settlement is not reached in negotiations, the attorney representing the family may use arbitration or take their case to court to resolve the dispute.
The process of arbitration includes:
If arbitration fails, the only path to compensation may be taking the wrongful death case to trial, which includes:
Trail offers the possibility of a higher settlement amount when compared with negotiations; however, going to court involves increased attorney fees, a longer case timeline, and court fees.
Once a settlement is reached, whether, through court or negotiations, both parties will sign a settlement agreement form that releases the wrongdoer from any further legal action and provides the family or estate with the compensation to which they were entitled.
In Nevada, NRS 41.085 outlines which parties can receive compensation following wrongful death lawsuits.
These parties include:
It's important to understand that a close friend or unmarried significant other is typically excluded from receiving compensation from a wrongful death civil suit.
In order to calculate wrongful death damages, you must total both the economic and non-economic damages involved in the wrongful death case.
To understand the value of the damages in your case, contacting an experienced lawyer is highly recommended.
According to NRS 11.190(4)(e), the statute of limitations for a wrongful death claim in Nevada is two years from the date of the victim's death.
Failure to abide by this two-year time limit could result in the family or estate of the deceased being barred from obtaining monetary damages from the defendant.
Under Nevada law, a wrongful death lawsuit arises when a person's death is the result of someone else's negligence, recklessness, or intentional actions.
Common examples of a wrongful death claim include:
If you seek to have a successful Nevada wrongful death lawsuit, it's highly recommended that you contact the Nevada wrongful death attorneys at The Rodney Okano Car Accident Lawyer Law Firm.
With over 20+ years of experience, our attorneys understand the ins and outs of Nevada wrongful death laws and have the skills to obtain the compensation you and your family are entitled to.
Schedule a free consultation with one of our wrongful death lawyers today by calling (702) 566-3600.