No amount of compensation can truly make up for a loved one’s tragic death. However, if the death was due to another person’s unlawful actions, you might be able to hold the responsible party accountable through a wrongful death lawsuit.
A wrongful death lawsuit is a civil rather than a criminal action. As such, the defendant is not facing incarceration. Rather, the victim’s family seeks compensation for the resulting economic and non-economic damages. However, Nevada, like all the other states, has a limit on who can pursue the defendant for wrongful death claims.
Nevada limits who can sue for wrongful death
Nevada laws allow the decedent’s heirs and personal representatives to file a wrongful death claim. An heir is basically anyone with a right to inherit the decedent’s estate should they die intestate. Thus, according to Nevada statute, the following people can sue for damages following a wrongful death:
- The victim’s spouse or domestic partner
- The decedent’s children
- The decedent’s parents (if they are not survived by a spouse or children)
- The personal representative of the decedent’s estate
The court may allow the decedent’s other relatives to file a wrongful death claim if they can prove that they depended on the decedent at the time of their passing.
You have limited time to bring a claim
Just because you can sue for damages following your loved one’s wrongful death does not give you the leeway to file your claim at your convenience. In Nevada, the statute of limitations for wrongful death is two years from the decedent’s death. It is extremely important that you do not let the statute of limitations period run out.
The death of a loved one under any circumstance is devastating. Find out how you can pursue justice following a loved one’s preventable death.