Losing a loved one is one of the most devastating experiences anyone can face. When their death is caused by someone else’s negligent, reckless, or intentional actions, the emotional trauma is compounded by practical and financial challenges. In these cases, consulting a Las Vegas wrongful death lawyer can help protect your family’s legal rights and ensure you can pursue the compensation you deserve.
When this happens, it’s not fair for you to have to bear the burden of these on your own. That’s where our team can help. The wrongful death attorneys at our firm are here to help you learn about your options when you are ready to reach out.
What Is a Wrongful Death Claim in Nevada?
A wrongful death claim in Nevada is a civil lawsuit brought by the family, estate, or legal representative of someone who has died as a result of another person’s or entity’s negligent, reckless, or intentional actions.
(a)Â General rule.–An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery
The goal of these claims is to secure financial compensation for surviving relatives who have suffered losses, both financial and emotional. This is different from a criminal case – the purpose is accountability and compensation, not punishment. Common
Causes of Wrongful Death Lawsuits
Wrongful death suits can arise from many different situations. Some of the most common ones include:
- Motor vehicle accidents, including car, truck, and motorcycle crashes, where a negligent party caused the passing of your loved one
- Medical malpractice if a doctor, nurse, other medical professional, or a healthcare facility fails to deliver the proper standard of care and causes your loved one’s death
- Defective and dangerous products, from drugs to appliances or machinery, which result in fatal injuries despite normal or expected use
- Worksite accidents or industrial incidents due to unsafe working conditions
- Violent crimes, like shootings or stabbings
- Falls, drownings, or other property hazards where a premises owner is negligent in preventing known risks to safety
No one ever wants to be in a situation where they’re filing a wrongful death lawsuit, but it’s important to know how they work so that you’re prepared if necessary.
Who Can File a Wrongful Death Claim in Las Vegas?
In Las Vegas, filing a wrongful death suit is limited to certain groups of people. Nevada law sets out clear guidelines about who is entitled to seek compensation after a loss caused by another’s wrongful actions.
Legal Heirs
Legal heirs are permitted to file wrongful death claims when they lose a loved one. Heirs are those who would normally inherit from the deceased under state intestacy laws if there was no will, such as spouses, children, and, in some cases, parents or siblings. However, anyone found legally responsible for the death is barred from filing a claim and cannot receive any portion of the estate.
1.  As used in this section, “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…Â
Personal Representative
The personal representative, often named in a will or appointed by the court, acts for the estate of the deceased.
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 for damages against the person who caused the death
This person can also independently file a wrongful death claim, make decisions for the estate, and handle legal proceedings related to the loss.
If you’re unsure if you have the right to file a wrongful death lawsuit, a lawyer can help you make this determination.
Damages Available in Nevada Wrongful Death Cases
In Nevada, families who file a wrongful death claim can pursue a range of damages. You could be able to obtain some or all of the following:
- Funeral and burial expenses
- The deceased person’s final medical bills and the wages they lost before death
- Loss of companionship, care, guidance, and emotional support felt by surviving spouses and children
- Money for lost benefits, anticipated inheritance, or practical contributions the deceased would have made
- Compensation for the grief, sorrow, pain, or disfigurement experienced by the victim before passing
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 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, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
Filing a wrongful death lawsuit is about addressing real, tangible losses faced by families after they lose a loved one.
Why You Need a Las Vegas Wrongful Death Lawyer
Navigating a wrongful death lawsuit in Las Vegas isn’t just emotionally challenging; it’s legally and financially complex as well. Insurance companies and defendants will often fight vigorously to minimize what families can recover. The rules about who can bring a claim, what the timeline is, what evidence is needed, and how much compensation is fair are filled with exceptions and deadlines.
Working with a skilled wrongful death lawyer means you have someone to gather evidence, calculate your losses, handle negotiations, and take your case to court if needed.
If your loved one’s death was caused by negligence, don’t navigate this process alone. Call us today for a free consultation with a Las Vegas personal injury lawyer from Valiente Mott Injury Attorneys.
