A wrongful death case is, in essence, a personal injury case wherein another, usually a family member, seeks recompense for the death of their loved one. No amount of money can undo the wrong and bring the victim back, but the law recognizes that lives have been changed forever.
What is a Wrongful Death Claim?
In Nevada, a wrongful death claim can be brought if someone dies as a result of the negligent, reckless or intentional acts of another. A wrongful death claim attempts to establish liability and seek damages for the death.
Statute of Limitations
A wrongful death claim must be filed within two years from the date of the death. If the case is not filed within this time, the court will not accept the case. If the two year deadline is approaching, contact a wrongful death attorney in Reno NV to discuss your legal options.
Who May File a Wrongful Death Lawsuit?
Nevada law allows the following people to file a wrongful death lawsuit:
- The surviving spouse, children or domestic partner of the deceased
- The parents, if there is no spouse or child
- The personal representative of the estate
- Another person who was dependent upon the deceased person, such as a stepchild, who can prove that they had been supported by the deceased for at least six months a year.
In Nevada, a wrongful death claim can be filed even if the prosecuting attorney has a criminal case in progress.
What Damages can be Claimed?
In Nevada, damages fall into two categories: special damages and penalties.
Special damages refers to losses that have been incurred by the deceased person, surviving family members or the estate, including:
- Medical expenses related to the injury or final illness
- Property damage cause by the incident, such as damage to the car
- Reasonable expenses for the funeral and burial
- Lost wages and benefits, including what the deceased could have earned
- Loss of companionship, care and affection
- Loss of benefits that the heirs would have otherwise received.
Punitive damages refers to penalties intended to penalize and send a message concerning intentional or reckless conduct that resulted in a death.
If you believe that another’s actions caused the death of your loved one, contact the Houston & Lyon Injury Law Center. Discuss your legal options with an experienced Wrongful Death Attorney Reno NV before it’s too late.