Not everyone can file a wrongful death lawsuit after a fatal accident. We help survivors determine whom among them can sue for wrongful death and recover damages awarded in a lawsuit. In addition to knowing if you can sue, you also need to know who to sue for an untimely death in Nevada.
If you’re a victim’s heir or personal representative, you can be the plaintiff of a wrongful death lawsuit. We can see if a negligent driver, medical professional, property owner, or other party is liable and initiate your case against them. We may only have two years to sue, so don’t delay your case. When you sue for a wrongful death, you may get economic and non-economic damages. We can also see if a survival action is an option, which would cover damages the victim incurred before they died.
Call Mitchell Rogers Injury Law at (702) 702-2622 for a free case review from our Las Vegas, NV wrongful death lawyers.
Can I Sue for a Wrongful Death Lawsuit in Nevada?
Your relationship with a victim dictates whether or not you can sue and benefit from a lawsuit. NRS 41.085(2) lets personal representatives and heirs of victims sue for wrongful deaths.
An “heir” includes the victim’s spouse or children or anyone else who would have inherited property if they died without a will, like their parents. If the victim has a will, it may name a personal representative. This person might be a spouse, close friend, or other trusted individual, and they can also file a wrongful death lawsuit.
Damages from wrongful death lawsuits are paid to the victim’s estate and survivors, like their spouse and kids. If you’re unsure whether negligence killed your loved one, contact us about your case.
Who Can I Sue for Wrongful Death in Nevada?
Fatal accidents are complicated, especially when victims aren’t there to help build cases and confirm negligence. Let us determine who is liable for your loved one’s wrongful death so you can sue them in Nevada.
If the victim died in a fatal car, bicycle, bus, truck, motorcycle, or pedestrian accident, the driver who hit them may be liable. As might their employer, such as if the at-fault party was a commercial truck driver.
If medical malpractice kills the victim, our Henderson, NV personal injury lawyers can also help. Your lawsuit may be against the healthcare provider and the hospital or practice that employs them.
Falls from any height might be fatal, especially if victims hit their heads on concrete, asphalt, or other hard surfaces. We can see if the property owner’s negligence caused a fatal slip and fall, making them liable for survivors’ damages.
When Can I Sue for Wrongful Death in Nevada?
You may file a wrongful death lawsuit if someone else’s negligent or reckless conduct killed your loved one. You do not have long to sue, so contact us about your case immediately.
The statute of limitations for most wrongful death lawsuits in Nevada is two years, according to 11.190(4)(e). The clock starts counting down on the day the victim dies, which may not be the date they were injured. Some victims succumb to fatal injuries days, weeks, or months later, and we can help their survivors confirm the right filing deadline.
We can file a timely case for your and other survivors, making sure to bring it before the statute of limitations runs out.
What Damages Can I Get from a Wrongful Death Lawsuit in Nevada?
Wrongful death lawsuits can compensate survivors for damages from a victim’s untimely death. Damages cover economic and non-economic losses, which we can identify and calculate.
Heirs may receive damages for “loss of probable support,” grief, loss of companionship, society, and consortium, and compensation for the victim’s pain, suffering, and disfigurement. Loss of probable support includes damages from lost financial support, too.
Personal representatives may recover medical expenses, funeral and burial expenses, and even punitive damages on behalf of a victim’s estate.
Courts use punitive damages to punish defendants. You might get punitive damages if the victim died because of a drunk driver under 42.010 since that’s an example of egregious misconduct.
Our lawyers can join wrongful death actions brought by personal representatives and heirs and ensure damages get divided appropriately.
Nevada doesn’t cap damages in wrongful death lawsuits, apart from non-economic damages in fatal medical malpractice claims. We can calculate your deserved recovery and fight to get it from a settlement or jury award.
Who Can File a Survival Action in Nevada?
Survival actions can cover damages the victim incurred before their death, like hospital bills and lost wages. Not all fatal accidents kill victims immediately, and they may incur many damages their survivors need help covering. Their death doesn’t erase the at-fault party’s liability for hospital bills and other damages.
Generally speaking, only the executor or administrator of the victim’s will can file a survival action in Nevada.
A survival action lets you recover damages the victim would have gotten from a lawsuit had they survived. For example, suppose they stayed in the hospital for a week before they died. In addition to the cost of a hospital room, there may be countless tests, medications, and procedures. The survival action could cover those hospital expenses, as well as other out-of-pocket expenses.
Living with very painful injuries, even for a short time, causes non-economic damages. We can seek compensation for the pain and suffering your loved one endured in a survival action.
The statute of limitations for survival actions begins on the date of injury, not the date of death. Let our lawyers keep track of two separate filing deadlines for survival actions and wrongful death lawsuits when we handle your claims.
Call Our Wrongful Death Attorneys for Help in Nevada
Get a free case review from Mitchell Rogers Injury Law when you call our Las Vegas, NV personal injury lawyers at (702) 702-2622.