Wrongful death is a heartbreaking event that leaves families devastated, especially when it is caused by someone else’s negligence or intentional actions. At Howard Injury Law, we help families in Nevada navigate the legal complexities of these claims to secure justice and financial support.
What Is Wrongful Death?
Wrongful death is a civil legal claim that allows surviving family members to hold a person or entity accountable for causing a loved one’s death through negligence, recklessness, or intentional harm. Unlike criminal homicide cases—which focus on punishing the wrongdoer—wrongful death lawsuits aim to provide financial compensation to the family for their losses.
Key Differences Between Wrongful Death and Criminal Homicide
Purpose:
Wrongful death compensates families for financial and emotional losses, while criminal homicide seeks punishment, such as fines or imprisonment.
Burden of Proof:
These claims require proving negligence or fault by a “preponderance of the evidence” (more likely than not). Criminal homicide cases require proving guilt “beyond a reasonable doubt,” which is a much higher standard.
Who Files:
A wrongful death lawsuit is filed by the deceased’s family or estate, while a criminal homicide case is prosecuted by the state.
Even if a criminal case doesn’t result in a conviction, families can still pursue a wrongful death claim.
Who Can File a Wrongful Death Lawsuit in Nevada?
Nevada law specifies who is eligible to file a wrongful death claim. The following people may have the right to file:
- Surviving spouses or domestic partners
- Children, including stepchildren and adopted children
- Parents of unmarried adult children
- Legal dependents who relied on the deceased for financial support
If no immediate family exists, the estate’s executor may file on behalf of other beneficiaries.
Common Causes of Wrongful Death
These claims often arise from:
- Car accidents, such as those caused by speeding, drunk driving, or distracted driving
- Medical malpractice, including misdiagnosis, surgical errors, or medication mistakes
- Workplace accidents, often involving unsafe conditions in construction or manufacturing
- Product liability, such as defective vehicles, machinery, or pharmaceuticals
- Criminal acts, including assault, reckless behavior, or intentional harm
For example, if a loved one dies in a crash caused by a drunk driver, the family could file a wrongful death claim against the driver.
Damages in Wrongful Death Cases
Families may recover compensation for several types of damages:
Economic Damages:
These include medical bills before death, funeral and burial costs, and lost income or future financial support.
Non-Economic Damages:
These cover loss of companionship, guidance, or emotional support, as well as pain and suffering experienced by the deceased before death.
Punitive Damages:
These are awarded in cases of extreme recklessness, such as drunk driving, to punish the wrongdoer and deter similar behavior.
Wrongful Death vs. Personal Injury Claims
While both wrongful death and personal injury claims involve negligence, there are key differences:
Who Can Sue:
Wrongful death claims are filed by family members after a death, while personal injury claims are filed by the injured person themselves.
Damages:
Wrongful death cases include funeral costs and loss of future earnings, while personal injury cases focus on the victim’s medical bills and pain.
How to Prove Wrongful Death
To win a wrongful death case, you must show:
- Duty of Care: The defendant owed responsibility, such as a driver’s duty to follow traffic laws.
- Breach of Duty: The defendant acted negligently or recklessly.
- Causation: The breach directly caused the death.
- Damages: The family suffered measurable losses.
Evidence may include accident reports, medical records, and witness statements.
Statute of Limitations for Wrongful Death in Nevada
You generally have two years from the date of death to file a wrongful death lawsuit in Nevada. Missing this deadline forfeits your right to compensation.
Settlement Process and Trial
Most of these cases settle out of court through negotiations. If a fair agreement isn’t reached, the case may go to trial. Mediation or arbitration can also resolve disputes faster and with less stress.
Proving Negligence in Personal Injury
As with wrongful death, you must show the defendant’s actions caused harm. Evidence like surveillance footage or expert testimony strengthens your case.
Why Choose Howard Injury Law?
With over $75 million recovered for clients, Howard Injury Law combines aggressive advocacy with compassionate support. We offer FREE consultations to review your case, no upfront fees—you pay only if we win, and 24/7 availability to answer your questions.
If you’ve lost a loved one due to someone else’s actions, contact Howard Injury Law at (702) 331-5722 for a free consultation. Let us help you fight for the justice and compensation your family deserves.
Free Consultation with Howard Injury Law:
📲 (702) 331-5722 M-F/9-5
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