Every state has different laws regarding who can sue for wrongful death. If you are going to sue for wrongful death in Nevada you will need to be familiar with who can legally bring a claim before your initiate a lawsuit. In this article we will describe the Nevada wrongful death laws so that you can understand if you can bring suit against the negligent party after losing a loved one.
Nevada Wrongful Death Lawsuits
In Nevada, the following individuals are allowed to file a wrongful death lawsuit:
- The deceased person’s personal representative for their estate.
- The surviving spouse, children or domestic partner of the deceased person, and
- The parents of the deceased person so long as there is no surviving spouse or child.
In addition to the individuals listed above, an individual can possibly file a wrongful death lawsuit if they can show that they were actually dependent on the deceased person at the time of his/her death. An example of this type of person would be a stepchild or stepparent who relied on the deceased person’s financial support. Similarly, a child that is not related to the decedent may be able to bring a lawsuit for wrongful death if he/she can prove that the deceased person had supported him/her for a minimum of 6 months.
Who Should be Sued for Wrongful Death?
A wrongful death lawsuit can be filed against any number of people. If your loved one was killed in a car accident, the lawsuit should be brought against the at-fault driver or the driver’s insurance company. If your loved one was killed at work, you would bring the lawsuit against the negligent employer and any employees who were a part of the accident. In addition, if your loved one was killed by a dangerous product, you would want to sue the manufacturer and distributors of the dangerous product. For more information please see the article: What does personal injury mean?
You cannot, however, sue another family member for wrongful death. For example, if an abusive husband/wife inflicts enough damage that the result is death, that person would be subject to criminal liability. Unfortunately, however, the children of the lost mother/father cannot sue for wrongful death to recover for money that was lost because of lost nurturing and support.
Wrongful Death Lawsuit Filing Procedure
When you file a wrongful death lawsuit, you are bringing a civil suit against another party. This means that the person who is qualified to file the wrongful death lawsuit according to Nevada law must file the lawsuit directly. This person is then responsible for carrying the lawsuit all the way until settlement or all the way to a decision in court.
The process of managing a lawsuit is challenging and experienced representation is required. If you need to speak with an attorney about a wrongful death lawsuit that you would like to file, we would be happy to provide you with a free consultation with one of our attorneys. You can call 702-912-4451 or click here to request a time. As soon as you reach out one of our team members will be ready to assist you.
Matt Pfau is an attorney and founding partner at the law firm Parry & Pfau. Matt has a background in business consulting, estate planning, business start-ups and bankruptcy and is licensed to practice in both Nevada and California. A partner in the firm Parry & Pfau, he can be reached at 702-912-4451 or firstname.lastname@example.org.