When a person dies because of someone else’s careless, reckless, or intentional actions, the surviving family may have the right to file a wrongful death claim. In Nevada, wrongful death cases are civil claims that allow certain family members and the deceased person’s estate to seek compensation for the losses caused by a preventable death.
At DBLF Injury Lawyers, we understand that no lawsuit can replace the person you lost. However, a wrongful death claim can help provide answers, financial stability, and accountability when another person, business, driver, property owner, medical provider, or other party caused a fatal injury.
Under Nevada law, a wrongful death occurs when a person’s death is caused by the “wrongful act or neglect” of another party. Nevada Revised Statutes § 41.085 allows the heirs of the deceased person and the personal representative of the estate to bring a claim against the person or party responsible for the death.
In simpler terms, a death may be considered wrongful if the deceased person would have had the right to file a personal injury claim had they survived. Instead of the injured person bringing the claim, eligible family members and/or the estate may pursue compensation after the person’s death.
Wrongful death claims can arise from many types of fatal incidents. Some of the most common examples include:
Every wrongful death case is different. The key question is whether another person or entity failed to act with reasonable care and whether that failure caused or contributed to the death.
Nevada law allows both the heirs of the deceased person and the personal representative of the deceased person’s estate to maintain a wrongful death action. These claims may be brought against the party responsible for causing the death.
Eligible heirs may include surviving family members such as a spouse, children, parents, or other relatives who qualify under Nevada law. The personal representative is the person legally authorized to act on behalf of the estate.
This distinction matters because heirs and the estate may be entitled to different types of damages. A wrongful death attorney can help determine who has the legal right to file and how the claim should be structured.
To succeed in a wrongful death claim, the surviving family or estate generally must prove that another party was legally responsible for the death. This often requires evidence showing:
For example, drivers have a duty to follow traffic laws and operate their vehicles safely. If a distracted driver runs a red light and causes a fatal crash, that driver may be liable for wrongful death. Similarly, a property owner may be liable if they knew about a dangerous condition, failed to fix it, and that condition caused a fatal injury.
Wrongful death damages are meant to address both the financial and personal losses caused by the death. Under Nevada law, heirs and the estate may be able to pursue different categories of compensation.
Depending on the facts of the case, damages may include:
The value of a wrongful death claim depends on many factors, including the deceased person’s age, health, income, life expectancy, family relationships, medical expenses, the circumstances of the fatal incident, and the available insurance coverage.
No. A wrongful death claim is a civil case, not a criminal prosecution. The purpose of a civil wrongful death case is to seek financial compensation from the responsible party. A criminal case, on the other hand, is brought by the government and may result in penalties such as jail time, probation, or fines.
In some situations, both a criminal case and a wrongful death case may arise from the same fatal incident. For example, if a drunk driver causes a fatal crash, prosecutors may bring criminal charges while the family also pursues a civil wrongful death claim. The outcome of one case does not always control the other.
In most Nevada wrongful death cases, the deadline to file a lawsuit is two years from the date of death. This deadline is commonly referred to as the statute of limitations.
Although two years may sound like a long time, families should not wait to speak with an attorney. Evidence can disappear quickly, witnesses may become harder to locate, video footage may be erased, and insurance companies may begin building their defense immediately. Some cases may also involve special notice requirements or shorter practical deadlines, especially if a government entity or public property is involved.
After a preventable death, families are often overwhelmed by grief, financial stress, and uncertainty. A wrongful death lawyer can step in to handle the legal process while the family focuses on healing.
DBLF Injury Lawyers can help by:
Wrongful death cases are emotionally difficult and legally complex. Having an experienced legal team can help ensure that your family’s rights are protected from the beginning.
If your loved one died because of another person’s negligence, you deserve answers. DBLF Injury Lawyers helps families in Henderson and throughout Nevada pursue justice after fatal accidents and preventable injuries.
Our team can review the facts of your case, explain whether the death may qualify as wrongful death under Nevada law, and help you understand your legal options.
Contact our Henderson wrongful death attorney today to schedule a free consultation with a Nevada wrongful death lawyer.
