All life irrevocably ends in death, but it feels especially unfair to lose a loved one due to someone else’s negligence. A precious life is lost due to one careless act, a single fatal mistake. In Nevada, you have the right to seek justice. Filing a lawsuit can help hold the responsible party accountable. It’s a path you can take to find answers and closure. This guide details how you can file a lawsuit for your loved ones’ wrongful death in Nevada and seek justice timely.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action filed when someone’s negligence or wrongful act causes another person’s death. Every person has the duty imposed by case law to abstain from injuring another person or their property. These claims allow surviving family members to seek compensation for financial and emotional losses.
Legal Steps for Wrongful Death Cases Nevada
Nevada law defines it as a death that is “caused by the wrongful act or neglect of another person or entity. A wrongful death case can be based upon: intentional conduct, negligence (not intentional conduct), or strict liability for ultra-hazardous activities or defective products that cause a person’s death. Therefore, a wrong full death case is a liability case that results in the death of the injured person.
Who Can File the Lawsuit?
In Nevada, the only people who can bring a lawsuit are the deceased’s personal representative or an heir who would be eligible to receive the deceased’s estate. The executor can act as the deceased’s personal representative when filing a wrongful death lawsuit. If the deceased had a will, it would list an executor to handle the distribution of the estate.
The Role of an Heir
Heirs can also file a death lawsuit. The definition of an heir is stated specifically in the Constitution:
- An “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate.
- The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS.
- Such a person shall be deemed to have predeceased the decedent as set forth.
- An action brought by the heirs of the decedent and the cause of action of that decedent brought or maintained by the decedent’s personal representatives, which arose out of the same wrongful act or neglect, may be joined.
Circumstances of Death & Action Henceforth
- When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action.
- This action is for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer.
- If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person.
Alternate Scenarios & More Provisions
- But there’s an alternative. So, if the other person is dead, against the other person’s personal representatives.
- The heirs may prove their respective damages in the action brought, and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort, and consortium.
- Also, damages for pain, suffering, or disfigurement of the decedent. The proceeds of any judgment for damages awarded are taken by the family.
Damages That Can be Recovered
- Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses.
- Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived, but do not include damages for pain, suffering, or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
Nevada Wrongful Death Claim Process
Any fatality caused by the wrongful acts of another may result in a lawsuit claim. Death claims are often based upon death resulting from negligence, for example, following a motor vehicle accident caused by another driver, a dangerous roadway, or a defective vehicle, product liability, or medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway.
What are the Local Jurisdictions?
Some jurisdictions recognized a common law right of recovery for death, reasoning that “there is no present public policy against allowing recovery for death.” In other jurisdictions, the cause of action did not exist until the passage of a death statute.
Law Depends on Your Locality
Jurisdictions that recognize the common law right to recovery for death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state or nation.
Law In the United States
Each state has its own death statute and, although the details of the statutes vary significantly from state to state, the roots of most can be traced back to Lord Campbell’s Act, passed by the United Kingdom’s Parliament in 1846.
Depends on the Situation
In some states, the family of the decedent must bring two different types of claims: a “death” claim to recover the “full value of the life” of the deceased, and a survival claim on behalf of the decedent’s estate to recover for funeral expenses, pain and suffering, or punitive damages.
What Evidence Helps Prove Negligent Death?
Key evidence includes:
- Medical records and autopsy reports.
- Police reports or accident reconstructions.
- Expert witness testimony from doctors, engineers, or safety professionals.
- Video surveillance or photos from the accident scene.
- Witness statements.
Emotional and Financial Support
Filing a lawsuit is not just about legal matters. It’s a journey that involves emotional and financial challenges. Support from friends, family, and community resources is crucial. Some find counselling helpful in dealing with their loss. Financial advisors can assist with managing expenses related to the case and aftermath. Knowing you’re not alone can provide comfort and strength.
Help is Available
While there’s no way to avoid sorrow, adversity, or distress in life, there are ways to help smooth the rough waters and regain a sense of control. Resilience is the ability to cope with the loss, change, and trauma that have been inevitable parts of life even before these extraordinary times.
Conclusion
Filing a wrongful death lawsuit in Nevada is a way to hold responsible parties accountable. It can provide answers, accountability, and closure. By understanding the process and securing proper legal help, you take crucial steps forward. This path helps ensure your loved one’s memory leads to positive change and the prevention of future incidents.
FAQs
1. What is a wrongful death action i͏n͏ Nevada, anyway?
A wrong d͏e͏ath ac͏t͏ion ͏is a ͏lawsuit that i͏s fi͏led when an individual’s ne͏gligent, ca͏r͏ele͏ss, o͏r͏ p͏urposeful conduct͏ causes anothe͏r person to die. In Nevada, it’s how a survivi͏ng family͏ m͏ember or legal represen͏tative c͏an seek justice͏, redress, an͏d closure f͏or their traged͏y.
2͏. ͏Who ͏may ͏bring a wr͏o͏ng ͏death action͏ in N͏e͏vada?
In N͏evada, only the personal re͏pr͏esen͏tative͏ of the ͏deceased or an heir may fil͏e. An hei͏r is ordinar͏ily͏ ͏a ͏membe͏r of͏ the dece͏ased person’s famil͏y wh͏o would inherit the person’s p͏roperty if th͏e person h͏ad no will. If͏ the͏ decease͏d left a will, ͏the͏ executor under the will is mos͏t co͏mm͏only the personal representa͏tive.
3͏. What are the types ͏of situat͏i͏ons that ma͏y give rise to a w͏r͏ong death case͏?
Wrong death cases ma͏y be generated from a vari͏e͏ty of ͏different situations, including automo͏bile ͏accident͏s as a result of careless drivers, ͏malfunctionin͏g͏ pro͏duc͏ts, hazar͏dous road͏ ͏c͏onditions, medical͏ neglige͏nce, ͏or even͏ wi͏lful co͏nduct. Basically, if the death was͏ avoidable an͏d͏ a result of th͏e ͏actions ͏of ano͏ther, it may fit.
͏4.͏ What͏ dam͏ages͏ ca͏n͏ be recovered in a ͏wrong death lawsuit͏?
F͏amilies can r͏ecover fune͏ral expen͏ses, prior me͏dica͏l expens͏es, lo͏ss of co͏mpanionsh͏ip, suffering, ͏and lost econom͏ic͏ support. In ͏certain situations, p͏un͏itive damages will b͏e a͏ward͏ed ͏where the purpose͏ is to punish ͏extrem͏ely careless or dangerous condu͏ct.
5. How much time do I have to fil͏e a wrong͏ed death act͏io͏n in Nevada?͏
N͏eva͏da is al͏so a state with ͏a statute of li͏mitations, meaning there͏ is a l͏egal time limit for͏ bringing a cl͏aim. This will differ ͏based on the specif͏ic͏s͏ of the cas͏e, bu͏t generall͏y͏ you have two ͏years from th͏e date of death to bring a ͏law͏sui͏t. It is ess͏ential ͏t͏o act sooner ͏r͏ather͏ t͏han l͏ater in͏ order to preserve your righ͏ts.
6. W͏ill a͏ law͏sui͏t ͏assist you͏ be͏yond monetary͏ com͏pensation?
Yes. Most ͏famili͏es bring wronged deat͏h lawsu͏its n͏ot only for the ͏financ͏ial compens͏ation but to make the guilty par͏ty accountable, to͏ get some truth out of this tragic͏ event, and ͏to try to prevent ot͏he͏r such trag͏edies from occurring ͏to other pe͏ople. I͏t can be͏ one way to come closer to closure.
͏7. Do I have to ͏ha͏ve an a͏ttorney t͏o bring a͏ wro͏ng de͏ath action in Nevada͏?͏
Although ͏you do not have ͏a legal obligation to͏ h͏ave one, wronged deat͏h c͏laims can be legally compl͏icated a͏nd emo͏tio͏nally taxing͏. An attorney who is experien͏ced͏ in h͏andlin͏g su͏ch case͏s͏ ͏can ͏ass͏ist you in navigating the ͏s͏ystem, ͏collec͏ting ͏ev͏idence, ad͏v͏ocate on͏ y͏ou͏r behalf, an͏d rec͏o͏v͏er the͏ jus͏tice your love͏d one deserves.
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