To file a wrongful death lawsuit, gather evidence, hire an attorney, and file a civil complaint against the liable party. The claim must prove negligence, causation, and damages like lost income or companionship. Filing deadlines vary by state, so act quickly to protect your right to compensation.
Filing a wrongful death lawsuit while grieving can feel overwhelming, but understanding the step-by-step process helps you protect your family’s rights and secure the compensation you deserve.
Nevada law provides specific guidelines for who can file, what evidence you need, and how a wrongful death attorney can help you navigate the legal system effectively. From determining eligibility and preserving crucial evidence to working with experts and negotiating with insurance companies, each step requires careful attention to protect your case.
This article walks you through every stage of filing a wrongful death lawsuit in Nevada, including legal requirements, damage calculations, and why working with experienced representation makes all the difference in your outcome.
How to File a Wrongful Death Lawsuit Step by Step
Filing a wrongful death lawsuit can be a complex process, especially during a time of grief. However, understanding each step by step will help you take the necessary legal actions confidently and efficiently.
Step 1: Determine Eligibility to File
Before proceeding, confirm that you are an eligible party to file a wrongful death lawsuit under Nevada law. Typically, this includes surviving spouse or domestic partner, children, parents, or the personal representative of the decedent’s estate. Immediate family members have priority, and the personal representative can file on behalf of all heirs.
Step 2: Consult an Experienced Wrongful Death Attorney
Reach out to a skilled wrongful death attorney promptly. We will evaluate your case, explain your legal rights, and guide you through the complex filing process. At Ladah Injury & Car Accident Lawyers, our team will help you gather all the relevant evidence needed to build a strong and compelling case.
Step 3: Gather and Preserve Evidence
Collect all documentation supporting your claim, including medical records, autopsy reports, police reports, witness statements, photos, and videos related to the incident. Preserving this evidence early is crucial for proving liability and damages in your Nevada wrongful death case.
Step 4: File Probate if Necessary
If the decedent did not have an estate open, you may need to initiate probate proceedings to appoint a personal representative. Through this process, the person will have the legal authority to file the wrongful death suit and manage the decedent’s estate during the lawsuit.
Step 5: Draft and File the Complaint
Your attorney will prepare a formal complaint outlining the wrongful death action, including the defendant’s alleged wrongful act or negligence, the resulting person’s death, and the damages sought. This complaint is then filed in the appropriate Nevada civil court.
Step 6: Serve the Defendant(s)
Once filed, the complaint and summons must be properly served to the defendant(s). This notifies them of the lawsuit and requires their response within a specified timeframe.
Step 7: Engage in Discovery
During discovery, both parties exchange information and evidence. . This phase may include depositions, interrogatories, requests for documents, and expert witness reports. Gathering all the relevant evidence is essential for proving liability and damages.
Step 8: Negotiate with Insurance Companies
Most wrongful death suits involve negotiations with insurance companies. Your attorney will present evidence that the defendant owed a duty of care and breached it, causing the decedent’s death, and will seek fair compensation for your family’s losses, including funeral expenses, lost probable support, and non-economic damages.
Step 9: Consider Settlement or Trial
Many cases settle before trial, providing quicker financial relief. However, if a fair settlement is not reached, your attorney will prepare to take your Nevada wrongful death lawsuit to trial to seek full compensation.
Step 10: Receive Compensation and Distribute Funds
Once your case is resolved, compensation is awarded to the decedent’s personal representatives and surviving family members according to Nevada law. This financial relief helps cover medical expenses, funeral costs, lost wages, grief, and other damages recoverable in wrongful death claims.
By following these steps carefully and working with a knowledgeable wrongful death attorney, you can navigate the legal process effectively and seek the justice and financial support your family deserves.
Personal Representatives: Who Can File a Wrongful Death Lawsuit in Nevada?
Not everyone can file a wrongful death lawsuit in Nevada. The law specifies exactly which family members have this right, and there’s a specific order of priority.
Who can file, in order:
- Surviving spouse or domestic partner: Gets first priority to file
- Children of the deceased: Can file if there’s no surviving spouse
- Parents: Can file only if there’s no spouse or children
- Personal representative of the estate: Files on behalf of all eligible heirs
If you’re a sibling, grandparent, or other relative, you typically cannot file unless you’re the closest surviving family member. Unmarried partners without domestic partner status also cannot file in most cases.
The personal representative approach is often used when multiple family members want to coordinate their efforts. This person files one lawsuit that represents everyone’s interests and ensures the family speaks with one voice.
How Long Do You Have to File in Nevada?
In Nevada, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date the death occurred. This means you have a limited window to take legal action, so it’s important to act promptly. Missing this deadline can result in losing your right to file a claim altogether.
There are exceptions, such as cases involving health care providers, where different time limits may apply. Consulting an experienced wrongful death attorney early can help you understand these deadlines and ensure your claim is filed on time.
Acting promptly not only protects your legal rights but also strengthens your ability to seek financial compensation and justice for your loved one’s wrongful death.
Who Can You Sue for Wrongful Death?
Depending on how your loved one died, multiple parties might share responsibility. Identifying all potentially liable parties is crucial because it increases your chances of full compensation.
Common defendants by case type:
| Situation | Potential Defendants |
| Car Accident (including head-on collisions) | At-fault driver, their employer, vehicle manufacturer, government entity responsible for road conditions |
| Medical Malpractice | Doctor, nurse, hospital, medical device manufacturer |
| Workplace Accident | Employer, equipment manufacturer, third-party contractors, property owner |
| Premises Liability | Property owner, management company, security company |
| Defective Product | Manufacturer, distributor, retailer |
Nevada follows a modified comparative fault rule. This means you can still recover money even if your loved one was partially at fault, as long as their fault was less than 51%.
For example, if your loved one was 20% at fault and your case is worth $1 million, you would receive $800,000. However, if they were 51% or more at fault, you cannot recover anything.
What Is a Survival Action in Nevada?
A survival action is a separate legal claim that “survives” your loved one’s death. It’s the lawsuit they could have filed themselves if they had lived long enough.
Key differences between claims:
- Wrongful death lawsuit: Compensates family members for their losses like lost support and companionship
- Survival action: Compensates the estate for what the deceased person suffered before dying
Survival actions can recover:
- Pain and suffering: What your loved one experienced before death
- Medical expenses: Bills for treatment of the fatal injury or illness
- Lost wages: Income lost between injury and death
- Punitive damages: Money to punish extremely bad behavior
You can file both claims together, and doing so often strengthens your overall case. The survival action shows the full impact of the defendant’s actions, while the wrongful death claim addresses your family’s ongoing losses.
Do You Need Probate to File?
In most Nevada wrongful death cases, you’ll need to open probate proceedings before or during your lawsuit. Probate is the court process that handles a deceased person’s affairs.
Probate is typically required when:
- No existing estate: The deceased person didn’t have an estate already open
- Multiple heirs: Several family members have rights to compensation
- Personal representative needed: Someone must be appointed to make legal decisions
Exceptions might apply for:
- Small estates: When the deceased had minimal assets
- All heirs agree: When family members coordinate without court involvement
- Existing estate: When probate was already opened for other reasons
Your attorney can help determine whether probate is necessary in your specific situation. Even if required, probate and the wrongful death lawsuit can proceed simultaneously.
How an Attorney Can Help You Seek Justice in Las Vegas
An experienced wrongful death attorney plays a critical role in guiding you through the complex legal process. They help gather all the relevant evidence needed to prove liability and damages, ensuring your case is strong.
Attorneys also handle negotiations with insurance companies, advocating for fair compensation on your behalf. They understand Nevada law and deadlines,helping you to avoid costly mistakes.
Beyond legal expertise, a compassionate attorney supports you emotionally during this difficult time. By managing the legal complexities, they allow you to focus on healing while fighting for the justice and financial relief your family deserves.
Get a Free Consultation for Your Nevada Wrongful Death Case
Losing a loved one is devastating, and the legal process can feel overwhelming. However, taking action now protects your family’s financial future and holds wrongdoers accountable.
We know you’re facing impossible grief while trying to make important legal decisions. That’s exactly why you need experienced advocates who understand both the law and what you’re going through emotionally.
Contact us at Ladah Injury & Car Accident Lawyers Las Vegas today for a free consultation. We’ll explain your rights, answer your questions, and help you understand your options with no pressure and no obligation.
Your family deserves justice and financial security. Let us fight for both while you focus on healing and moving forward.
Frequently Asked Questions
Who receives wrongful death settlement money in Nevada?
Settlement funds are distributed according to Nevada inheritance laws. Surviving spouses and children typically receive the largest shares, followed by parents if no spouse or children survive.
Can we file a wrongful death lawsuit if criminal charges are pending?
Yes, you can and should file your civil wrongful death lawsuit independently of any criminal case, as they have different legal standards and serve different purposes.
Do we need to open probate before filing our wrongful death lawsuit?
While probate is often required, you can begin the legal process immediately and your attorney can help coordinate opening an estate while preparing your lawsuit.
Are wrongful death settlements taxable income?
Generally no. Compensation for wrongful death, including loss of support and emotional damages is not considered taxable income under federal tax law.
What happens if the defendant doesn’t have enough insurance coverage?
Your attorney will investigate all possible sources of recovery including umbrella policies, employer liability, personal assets, and other insurance coverage you may not know exists.
How much does it cost to hire a wrongful death attorney?
At Ladah Injury & Car Accident Lawyers, we work on a contingency fee basis. This means you pay nothing upfront, and you only owe attorney fees if we successfully recover compensation for you, either through a settlement or a court verdict. We believe you shouldn’t have to worry about legal costs while seeking justice for your loved one.
Can we still file if our loved one was partially at fault?
Yes, under Nevada’s comparative fault law you can recover damages as long as your loved one was less than 51% responsible for the incident that caused their death.
Final Thoughts
Filing a wrongful death lawsuit in Nevada is a complex but essential step for grieving families seeking justice and financial support.
By understanding the process, meeting legal deadlines, and working with an experienced wrongful death attorney, you can protect your family’s rights and secure compensation for your loved one’s wrongful death. Don’t hesitate to seek help and take action promptly.
Contact our award-winning legal team to schedule a free consultation and discover how we can help you seek compensation and justice.