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Who Can Be a Plaintiff in a Wrongful Death Case?

There is no experience that can match the devastation of losing a loved one. This is especially true if the death resulted from another person or company’s negligent behavior.

Accident report

While no amount of compensation can undo the heartache of such an event, filing a wrongful death lawsuit can save your family from insurmountable debt. These cases often involve steep medical bills, funeral costs, lost income, and pain and suffering. By filing a lawsuit against the at-fault party, not only can you potentially recuperate these costs, but you can also save other people from the same reckless behavior.

Find out If You May Have a Case

At Truman Law Firm P.C., we understand the hardships that come with losing a loved one. When we take on a case, we aggressively fight for the interests of our clients and their families.

Las Vegas personal-injury lawyer Ronald W. Truman has been practicing law for 25 years. He can help you decide if pursuing damages is a smart idea. If so, he can guide you through the claims process – from the initial paperwork to settlement negotiations and possible litigation.

To start planning your case, call us today at 702-821-1821 to schedule a consultation. In the meantime, read on to learn more about filing a wrongful death lawsuit in Nevada.

Bringing a Wrongful Death Claim in Nevada

According to Nevada Revised statutes, only certain people can file a wrongful death lawsuit in Nevada:

  • A personal representative of the deceased’s estate
  • A surviving spouse, partner or child
  • A parent of the deceased

If other people can demonstrate they were dependent on the deceased person at the time of death, they may also be able to bring a claim. These do not have to be direct relatives. The plaintiff may be a stepchild or stepparent who lived with or was dependent on the deceased individual.

The Civil Nature of a Wrongful Death Claim

It is important to remember that a wrongful death claim is a civil matter. Often, there is an ongoing criminal case taking place when a plaintiff files a wrongful death lawsuit, but these are two separate procedures.

As a result, just because the defendant is found innocent in the criminal trial does not mean that he or she will not be liable for damages in the civil case. Also, if the deceased’s family decides not to bring a claim, the state prosecutor can still continue the criminal case.

How Long Do I Have to File a Wrongful Death Lawsuit?

All states have a statute of limitations that governs how long a plaintiff has to bring a wrongful death claim. In Nevada, this timeframe is two years starting from the wrongful death. If this time period lapses, the defendant can file a motion to dismiss, and it is likely that the court will grant this motion.

A Las Vegas accident attorney from Truman Law Firm, P.C. can handle the legal aspects of your case so you can focus on personal recovery. To schedule a consultation, call us today at 702-821-1821.