In Nevada, the right to file a wrongful death lawsuit usually belongs to the surviving spouse, domestic partner, and children of the person who died. Families often speak with a Las Vegas wrongful death lawyer early to confirm eligibility and protect their claim. If the deceased had none of these relatives, the right may pass to surviving parents or, in some situations, a personal representative of the estate. Who can bring the claim can depend on whether there are written estate planning documents and the circumstances of the death.
What If Multiple Family Members Want to File a Wrongful Death Lawsuit?
When more than one qualified heir wants to seek damages, Nevada law allows all family members with the right to sue to join together in a single wrongful death lawsuit. If separate lawsuits begin, the court may consolidate them into one proceeding for fairness and efficiency. The court will then look at the evidence and decide how to divide damages among the heirs based on each person’s personal loss and relationship to the deceased.
What Damages Can Individual Heirs Recover?
In a Nevada wrongful death case, individual heirs are entitled to seek damages for the deeply personal effects of losing a loved one. These damages reflect both the emotional and practical losses experienced by those closest to the person who has passed away.
Common types include:
- Grief and Sorrow: Heirs can recover for their emotional pain, anguish, and heartbreak caused by the death.
- Loss of Companionship: Compensation is available for missing the love, guidance, and company the deceased offered in daily life.
- Loss of Support and Financial Contribution: Heirs may seek the value of lost income, benefits, and the everyday support the loved one provided.
- Loss of Probable Support, Society, and Comfort: Damages can include the loss of nurturing, care, comfort, and the family role the deceased played.
These damages aim to recognize the real, human impact of loss, not just out-of-pocket costs, to help heirs gain support in moving forward after a tragedy.
What Is the Deadline to File a Wrongful Death Lawsuit in Nevada?
Nevada law gives most families two years from the date of the person’s death to file a wrongful death lawsuit, according to NRS 11.190. This statute of limitations means your claim must be started within those two years or you could lose your right to seek compensation completely.
      4.  Within 2 years:
     (e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
While this is the general rule, there can be exceptions depending on the circumstances, so it’s important to speak with a lawyer as soon as possible to protect your rights and be certain you don’t miss your opportunity to file.
If you have questions about your potential claim, reach out to our team today to schedule your free case evaluation.
