Navigating a Wrongful Death Car Accident Claim in Nevada

Some car accidents are relatively minor, like a little fender bender in a parking lot. Everyone usually walks away with minimal to zero damage and goes on about their day. Unfortunately, some car accidents are catastrophic. Injuries are severe, and in worst-case scenarios, fatalities can occur.

There are an estimated 160 fatal vehicle accidents annually in Las Vegas and the surrounding Clark County area, which accounts for around 65% of traffic accident fatalities in the state. If a loved one is killed in a car accident or succumbs to their injuries, can you file a wrongful death lawsuit?

When is a Fatality Considered a Wrongful Death?

Not all fatalities caused by an accident meet wrongful death guidelines. In other words, if a loved one dies in an accident it doesn’t automatically mean you have grounds to file a wrongful death claim. Nevada law is pretty clear: the death must be caused by reckless, negligent, or wrongful actions.

In other words, the individual responsible for causing the traffic accident must also be guilty of negligence. So, what is negligence? In a nutshell, negligence occurs when an individual fails to act in a manner you’d expect from a reasonable person.

Since the definition of a reasonable person can be subjective, the law defines it as the behavior you expect from someone who is showing care for the well-being or safety of others.

Here’s an example: drivers are expected to follow all traffic laws, and this is something a reasonable person does and shows they’re behaving in a manner that shows care towards other motorists on the road.

Speeding and failing to stop at red lights are examples of negligent behavior. A reasonable individual will drive at or slightly below the speed limit and obey all traffic light signals. Driving under the influence (DUI) is another example of negligent behavior.

Something to remember is a wrongful death lawsuit is different from a criminal case. If the at-fault driver is negligent and their actions result in someone’s death, they may face criminal charges. Even if the defendant is found guilty of criminal charges, you can still file a wrongful death claim.

How to Know If You Have a Wrongful Death Claim

Okay, so we mentioned not every fatal accident qualifies for a wrongful death claim. Sometimes, an accident is just what it seems to be an unfortunate occurrence. However, if you can prove the following elements, you may be able to file a wrongful death lawsuit against the at-fault party:

Your loved one died as a result of the accident or from injuries sustained in the incident.
The at-fault individual owes the deceased a duty of care. All drivers owe other motorists a duty of care, which means following all traffic laws and behaving responsibly behind the wheel.
The at-fault driver breached their duty of care by behaving carelessly or negligently. Speeding or driving while intoxicated are examples of a breach of duty of care.
The negligent behavior is directly responsible for your loved one’s death. For example, if the at-fault driver hadn’t run the red light, the accident wouldn’t have occurred.
The plaintiff, in this instance, the deceased’s loved ones, suffered damages. You must show compensation can help remedy your damages. In a wrongful death lawsuit, your damages can include funeral costs. Compensation can help cover these and other expenses.

Receiving a settlement check in a wrongful death lawsuit isn’t going to bring your loved one back or lessen your grief. But it can provide financial support as you try to rebuild your life without your loved one.

Who Can File a Wrongful Death Lawsuit in Nevada?

If you’ve lost a loved one in an accident, don’t make plans to start the lawsuit paperwork. Not everyone can file a wrongful death claim, regardless of how close you may have been to the deceased. Nevada, like all other states, has strict rules on who can file a lawsuit after losing a loved one in an accident.

So, who can file a wrongful death claim?

The surviving spouse: The domestic partner of the deceased can also file a lawsuit in most cases. However, the domestic partner will need to prove the relationship. This typically means providing proof of same-house residency in the form of mortgage and/or utility payments.
The deceased’s children: If the surviving children are minors, a court-appointed guardian can file a claim on their behalf. The funds from the lawsuit are typically placed in escrow until the child reaches adulthood. Any compensation from the lawsuit awarded to minors may also be used for their care but every case is unique.
The deceased’s parents: If the deceased isn’t survived by a spouse or children, their parents can file a wrongful death claim. This can also apply to any siblings if the parents have also passed away.

Sometimes, the deceased isn’t survived by any close relatives. In this instance, the representative of the deceased’s estate can file the claim, and all compensation is added to the estate and disbursed according to the terms of the will. If the deceased doesn’t have a will, the court may appoint an executor to handle the estate.

How Long Do You Have to File a Wrongful Death Claim?

In Nevada, you typically have two years from the date of your loved one’s death to file a wrongful death claim.

Notice that the statute of limitations begins when your loved one passes away and not the date of the accident, and not all accident victims pass away at the scene. Some can linger for days, weeks, or even months before succumbing to their injuries.

If you’re wondering if there are any exceptions to the statute of limitations, the answer is yes and no. The statute can be extended for minors. If the defendant can’t be notified of your intention to file a lawsuit, the statute can be paused until they’re located. These are only a few examples of why it may be possible to extend the two-year filing deadline.

However, it’s always best to consult with an experienced wrongful death attorney. The last thing you want is to miss a deadline and potentially the ability to file a wrongful death claim.

Image credit: Depositphotos