Losing a loved one due to someone else’s negligence is an unimaginable tragedy. At Maier Gutierrez & Associates, we help grieving families seek justice through compassionate, dedicated legal support. Our wrongful death lawyers pursue claims involving fatal accidents, medical negligence, and other preventable events. While no amount of money can replace your loss, we aim to ease your burden by holding the responsible party accountable. Let us handle the legal process while you focus on healing. Call 775-406-8981 today for a free consultation with a wrongful death lawyer who will fight for your family’s rights.
Who Can File a Wrongful Death Lawsuit?
Losing a loved one is always difficult, especially when the death was caused by someone else’s negligence or wrongdoing. In Nevada, wrongful death lawsuits offer a legal way for families to seek compensation for their loss. However, not everyone can file these claims. The law defines exactly who is eligible to bring a wrongful death action and under what conditions.
If you are dealing with the death of a family member and wondering about your rights, knowing who can file a wrongful death lawsuit in Nevada is an important first step.
What Is a Wrongful Death Lawsuit
A wrongful death lawsuit is a civil case filed against a person or entity whose negligent or intentional actions caused another person’s death. Common causes include car accidents, medical malpractice, defective products, workplace accidents, or criminal acts like assault.
The purpose of a wrongful death claim is to seek monetary compensation to help survivors cover losses related to the death. These losses often include medical and funeral expenses, lost financial support, and emotional suffering.
Because the deceased cannot bring a claim themselves, the law allows certain family members or representatives to file on their behalf.
Who Has the Legal Right to File a Claim?
Nevada law specifies a hierarchy of people who are authorized to file wrongful death lawsuits. This list is designed to reflect those most closely connected to the deceased and likely to suffer from the loss.
- Personal Representative of the Estate
The primary person allowed to file a wrongful death lawsuit is the personal representative of the deceased’s estate. This is usually the executor named in the will or an administrator appointed by the court if there is no will.
The personal representative acts on behalf of the entire estate and all beneficiaries. They have the legal authority to pursue claims for wrongful death and distribute any settlement or judgment according to Nevada probate laws.
If no personal representative has been appointed, a family member or interested party can petition the court to be assigned this role. Only after this appointment can a wrongful death claim be filed.
- Spouse
If the deceased was married at the time of death, the surviving spouse often has the right to file a wrongful death claim. In Nevada, spouses have priority in wrongful death suits because they usually depend financially and emotionally on the deceased.
The spouse’s damages may include loss of companionship, support, and household services. If the spouse is the personal representative, they can file the lawsuit on behalf of the estate and themselves.
- Children
Minor and adult children of the deceased may also have the right to bring a wrongful death claim. Nevada law protects children because they often suffer financial and emotional harm from losing a parent.
In cases where the children are minors, their interests are usually represented by the personal representative or guardian. Adult children can sometimes file claims independently if no personal representative exists.
- Parents
If the deceased person was unmarried and had no children, parents may be eligible to file wrongful death lawsuits. Parents can claim damages for the loss of financial support and companionship.
Parents may also have a stronger claim if the deceased was a minor child.
- Other Dependents
In some situations, Nevada courts have recognized that other family members or persons dependent on the deceased financially may have limited rights to file wrongful death claims. This can include stepchildren or other close relatives who relied on the deceased for support.
However, these cases are more complex and less common. The law generally favors immediate family members listed above.
When Can a Wrongful Death Lawsuit Be Filed
Nevada law imposes a deadline to file wrongful death claims called the statute of limitations. In most cases, a lawsuit must be filed within two years of the date of death. Missing this deadline usually means losing the right to pursue the claim.
Because wrongful death claims can be complicated—often requiring gathering medical records, police reports, and expert testimony—it’s important to act promptly.
What Damages Can Be Claimed in a Wrongful Death Case
The people who file wrongful death lawsuits can seek compensation for several types of damages, including:
- Medical and funeral expenses related to the death
- Loss of financial support the deceased would have provided
- Loss of companionship and emotional support
- Pain and suffering endured by the deceased before death
- Other costs connected to the death, such as legal fees
How damages are divided depends on the relationship to the deceased and the specifics of the case. The personal representative manages these funds for the benefit of the heirs.
How the Lawsuit Process Works
Once a wrongful death claim is filed, the personal representative or family members will work with an attorney to gather evidence showing the defendant’s negligence or wrongdoing caused the death. This might involve accident reports, medical expert opinions, and witness testimony.
Defendants typically respond with their own defense. Cases often settle out of court, but some proceed to trial.
The entire process can take months or years depending on the complexity.
Why Legal Assistance Is Important
Wrongful death claims are among the most sensitive and legally complex personal injury cases. The laws about who can file and what damages are recoverable vary by state. Proving fault often requires expert knowledge and careful investigation.
A qualified Nevada personal injury attorney can guide you through the process, help appoint a personal representative if necessary, and protect your rights throughout.
They can also ensure that you meet all legal deadlines and that your claim is as strong as possible.
Compassionate Legal Support from a Wrongful Death Attorney
When a loved one’s life is cut short due to negligence, a wrongful death attorney at Maier Gutierrez & Associates can provide the legal guidance and support your family needs. We handle every case with care and compassion, helping survivors seek justice and financial stability after their loss. From investigating the incident to pursuing compensation, we’re here for you through every step. While nothing can undo the pain, legal action may help ease the burden. Call 775-406-8981 for a free consultation with a wrongful death attorney dedicated to helping your family move forward.