A wrongful death lawsuit involves establishing legal standing, preserving evidence, and filing the claim within strict deadlines. Additional steps include opening an estate if required, investigating liability, calculating damages, negotiating with insurance companies, conducting discovery, attending mediation, and preparing for trial if settlement fails. Each step must be completed in the proper order to protect the family’s rights and secure fair compensation under Nevada law.
Losing a loved one due to someone else’s negligence creates overwhelming grief while forcing you to navigate complex legal procedures. Nevada’s wrongful death laws have specific requirements about who can file, strict deadlines to meet, and detailed steps that must be followed in the correct order.
Understanding this process will help you protect your family’s rights, encourage you to contact a wrongful death attorney to pursue the compensation you deserve during an incredibly difficult time.
This article walks you through each step of filing a wrongful death lawsuit in Nevada, from determining eligibility to distributing settlement proceeds.
What Is a Wrongful Death Lawsuit
A wrongful death lawsuit is a civil court case filed when someone dies because of another person’s negligence or wrongful actions. This means your family can seek money damages from the person or company responsible for your loved one’s death.
Unlike criminal cases where the government prosecutes someone for breaking the law, wrongful death cases are civil matters where families pursue financial compensation, similar to any other personal injury case. You can file this type of lawsuit even if there’s also a criminal case happening at the same time.
These cases commonly arise from car accidents, medical mistakes, defective products, workplace accidents, or any situation where someone’s death could have been prevented. The key is proving that another party’s actions or failures directly caused your loved one’s death.
Who Can File a Wrongful Death Lawsuit in Nevada
In Nevada, only the personal representative of the deceased person’s estate can actually file the wrongful death lawsuit. The personal representative is the person legally appointed to handle the deceased’s affairs – either the executor named in their will or someone the court appoints if there’s no will.
This person files the lawsuit on behalf of all the legal heirs who can benefit from any money recovered. Nevada law determines who these heirs are in a specific order:
- Surviving spouse and children: They are the primary beneficiaries and split any compensation
- Parents: If there’s no spouse or children, the deceased’s parents become the heirs
- Siblings: If no spouse, children, or parents survive, brothers and sisters are next
- Other family members: Nevada’s inheritance laws determine the next closest relatives
The personal representative must act for everyone’s benefit, not just their own interests. You need to move quickly because Nevada has strict time limits for filing these cases.
How Long Do You Have to File in Nevada?
You have exactly two years from the date of death to file a wrongful death lawsuit in Nevada. This deadline is called the statute of limitations, and missing it almost always means you lose your right to file forever.
The two-year clock starts ticking on the day your loved one died, not when you discovered the negligence or decided to take legal action. There are very few exceptions to this rule, so waiting too long can be devastating to your case.
Claims against government entities, such as cities or counties, have even shorter deadlines, sometimes just six months to give formal notice of your claim. We always recommend contacting an attorney immediately to protect your rights and ensure all deadlines are met.
Wrongful Death Lawsuit Steps in Nevada
Filing a wrongful death lawsuit involves multiple steps, and the timeline varies depending on the complexity of the case. Some cases settle faster while others take longer if they go to trial.
Step 1: Confirm Eligibility and Identify the Personal Representative
The first step is determining who has legal authority to file the lawsuit. If your loved one had a will, the executor named in it becomes the personal representative. If there was no will, the court must appoint an administrator, usually the closest family member.
This person represents all the heirs’ interests throughout the entire case. They make decisions about settlement offers and how to proceed with the lawsuit.
Step 2: Preserve Evidence and Gather Critical Records
We immediately begin collecting and preserving all evidence related to your loved one’s death. This documentation forms the foundation of your case and helps prove what happened and who was at fault.
Essential records we help obtain include:
- Death certificate: Official documentation of cause and manner of death
- Medical records: Treatment records before and after the incident
- Police reports: Official accident or incident documentation
- Witness statements: Contact information and accounts from people who saw what happened
- Photos and videos: Visual evidence from the scene
- Employment records: Income and benefit information for calculating damages
Step 3: Open an Estate if Necessary
If your loved one didn’t have an existing estate with an appointed representative, we help you open one through probate court. This legal step gives someone the official authority to file the lawsuit and make decisions on behalf of all heirs.
Opening an estate involves filing paperwork with the court and getting appointed as the personal representative. This process usually takes a few weeks but is essential before moving forward.
Step 4: Investigate and Identify All Responsible Parties
We conduct a thorough investigation to identify everyone who may be liable for your loved one’s death. Many cases involve multiple responsible parties, such as a negligent driver, their employer, a vehicle manufacturer, or a government agency that failed to maintain safe roads.
As former insurance defense attorneys, we know exactly how to uncover all potential sources of compensation. We also identify all available insurance policies that could pay for your damages.
Step 5: Calculate All Damages
We carefully calculate the full scope of your family’s losses. Wrongful death cases typically involve two types of claims: the wrongful death claim for your family’s losses and the survival claim for what your loved one suffered before death.
Your damages may include lost income, lost household services, funeral expenses, and the profound loss of companionship and guidance. We work with economic experts to ensure every loss is properly valued.
Step 6: Send Formal Demands to Insurance Companies
Once we’ve built your case, we send detailed demand letters to all responsible parties and their insurance companies. These letters outline the facts, establish fault, and demand fair compensation for your losses.
This step officially begins settlement negotiations. Many wrongful death cases are resolved at this stage without having to file a formal lawsuit.
Step 7: File the Lawsuit in Court
If settlement negotiations don’t produce a fair offer, we file a formal lawsuit in Clark County District Court. The lawsuit document, called a complaint, details what happened, who was at fault, and the compensation you’re seeking.
Filing the lawsuit puts additional pressure on the defendants and their insurance companies to negotiate seriously. It also preserves your right to take the case to trial if necessary.
Step 8: Serve Defendants and Manage Court Deadlines
After filing, each defendant must be formally notified of the lawsuit through a process called service. They then have 21 days to file their response with the court.
We handle all court deadlines and procedural requirements throughout your case. Missing deadlines can seriously harm your case, so having experienced attorneys manage this process is crucial.
Step 9: Exchange Evidence Through Discovery
During the discovery phase, both sides exchange all relevant evidence and information. This includes written questions, document requests, and depositions where witnesses give sworn testimony.
Discovery can take several months but is essential for building the strongest possible case. We use this process to gather additional evidence and pin down the defendants’ version of events.
Step 10: Attend Mediation and Explore Settlement
Most Nevada courts require parties to attend mediation before trial. In mediation, a neutral third party helps both sides negotiate toward a settlement agreement.
Over 90% of personal injury cases settle without going to trial. Mediation often produces fair results while avoiding the uncertainty and stress of a jury trial.
Step 11: Prepare for Trial if Necessary
If mediation doesn’t result in a fair settlement, we prepare your case for trial. This involves selecting a jury, preparing witness testimony, and creating compelling exhibits to present your case.
We thoroughly prepare you and other family members for testimony. A typical wrongful death trial lasts several days, and we handle every aspect of presenting your case to the jury.
Step 12: Collect the Verdict and Distribute Proceeds
After both sides present their evidence, the jury delivers a verdict. If either side disagrees with the outcome, they have 30 days to file an appeal.
Once your case is fully resolved, we help distribute the recovered funds among the legal heirs according to Nevada law. We ensure everyone receives their proper share of the compensation.
What Damages Can Be Recovered
Nevada allows families to recover compensation for both their own losses and what their loved one could have recovered if they had survived. Understanding potential compensation helps you evaluate whether to pursue a claim.
Damages for the Family’s Losses
These damages compensate surviving family members for their personal losses:
- Lost financial support: Income and benefits your loved one would have provided over their lifetime
- Lost household services: Value of childcare, home maintenance, and guidance they provided
- Loss of companionship: Compensation for losing their emotional support and relationship
- Funeral and burial costs: Reasonable expenses for final arrangements and services
Damages for the Deceased’s Losses
The survival claim allows recovery for what your loved one experienced before death. This includes medical bills from their final treatment, lost wages from being unable to work, and compensation for any pain and suffering they endured.
These damages belong to the estate and are distributed according to your loved one’s will or Nevada’s inheritance laws.
Punitive Damages in Extreme Cases
In rare cases involving extreme wrongdoing, you may recover punitive damages designed to punish the defendant. These require proving the defendant acted with oppression, fraud, or malice, essentially intentional harm or extreme recklessness.
Punitive damages are most common in cases involving drunk driving, violence, or deliberate corporate misconduct.
Special Considerations in Nevada Cases
Nevada has unique laws that can significantly impact your wrongful death case. Understanding these rules helps avoid costly mistakes that could harm your claim.
Medical Malpractice Requirements
Wrongful death cases involving medical malpractice may require an affidavit from a qualified medical expert as part of the court filing process.
Comparative Fault Rules
Nevada follows a modified comparative fault system. If your loved one was partially responsible for the incident, your compensation is reduced by their percentage of fault. However, if they were 50% or more at fault, you cannot recover anything.
We work to minimize any fault attributed to your loved one and maximize the responsibility placed on the defendants.
Government Entity Claims
Claims against government entities such as cities or counties require formal notice within six months of the incident. These cases also have special immunity rules that may limit your recovery.
Protection for Minor Children
Any settlement involving minor children requires court approval to ensure it serves their best interests. The court often requires funds to be placed in protected accounts or structured settlements until the child reaches adulthood.
How Settlement Funds Are Divided
Unless all heirs agree to a different arrangement, Nevada law determines how settlement proceeds are distributed among family members:
| Survivors | Distribution |
| Spouse + 1 Child | 50% to spouse, 50% to child |
| Spouse + Multiple Children | 1/3 to spouse, 2/3 divided among children |
| Children Only | Divided equally among all children |
| Parents Only | Divided equally between parents |
Wrongful Death vs. Criminal Cases
Many families wonder about the difference between wrongful death lawsuits and criminal cases. These are completely separate legal proceedings that can happen simultaneously.
Criminal cases are brought by the government to punish defendants with jail time or fines. The prosecutor must prove guilt beyond a reasonable doubt, which is a very high standard.
Wrongful death cases are civil lawsuits where families seek financial compensation. You only need to prove fault by a preponderance of the evidence, meaning it was more likely than not that the defendant was responsible. This is a much lower standard of proof, so you can win a civil case even if the criminal case fails.
How Long Does a Wrongful Death Case Take
Most families want to know how long their case will take to resolve. Some straightforward cases with clear liability can settle relatively quickly. More complex cases requiring extensive investigation and litigation typically take 18 to 24 months.
Several factors affect your case timeline:
- Number of defendants: More parties means more complexity
- Disputed liability: Cases where fault is unclear take longer to resolve
- Damage complexity: Calculating losses for young victims or high earners requires more analysis
- Court schedules: Busy courts can delay trial dates
- Settlement negotiations: Some cases resolve quickly while others require extended negotiations
While the process requires patience, having experienced attorneys ensures your case moves as efficiently as possible while maximizing your recovery.
Ready to Start Your Wrongful Death Lawsuit?
We understand that considering legal action is overwhelming while you’re grieving the loss of your loved one. At Ladah Injury & Car Accident Lawyers Las Vegas, our goal is to handle the legal burden so you can focus on healing with your family.
As former insurance defense attorneys, we have unique insight into how insurance companies fight claims. We use that knowledge to pursue maximum compensation for families, having recovered over $400 million for our clients. We’re available 24/7, and you pay no fees unless we win your case.
Contact us today for a free, confidential consultation to learn how we can fight for the justice your loved one deserves.
Wrongful Death Lawsuit FAQs
Do We Need to Open a Probate to File a Lawsuit?
Yes, in most cases you must open an estate in probate court if one doesn’t already exist. This gives the personal representative legal authority to file the wrongful death lawsuit on behalf of all heirs.
How Are Settlement Proceeds Split Among Family Members?
Nevada law determines the distribution based on which family members survive, with spouses and children typically sharing the proceeds. The exact percentages depend on your specific family situation and can be modified if all heirs agree.
Can We File a Lawsuit if There’s Also a Criminal Case?
Yes, you can pursue a wrongful death lawsuit regardless of any pending criminal charges. These are separate legal proceedings with different goals and standards of proof, so one doesn’t affect the other.
What Happens if the At-Fault Person Also Died?
Your claim proceeds against their estate and insurance policies. The available coverage doesn’t disappear because the responsible party died in the same incident.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
We handle these cases on a contingency fee basis, meaning no upfront costs and you only pay if we successfully recover compensation. Our fee comes from the settlement or verdict, not from your pocket.
Can We Recover Money if Our Loved One Was Partially at Fault?
Yes, as long as your loved one was less than 50% responsible for the incident. However, your total recovery will be reduced by their percentage of fault under Nevada’s comparative negligence law.
Will We Have to Go to Court for Trial?
Probably not, as over 90% of wrongful death cases settle before trial. However, we prepare every case as if it will go to court to give you the strongest possible negotiating position with insurance companies.