Who Can Sue for Wrongful Death in Nevada?

Bringing a wrongful death lawsuit in Nevada can be intimidating. Dealing with the tragic and unexpected loss of a loved one is hard enough without having to be concerned about the intricacies of a legal matter.

If you find yourself in this unfortunate situation, it is worth speaking with a wrongful death lawyer about your legal rights. Eligible family members can file wrongful death claims in many cases, and filing a successful claim can be critical for managing both the financial costs and the emotional effects of a loved one’s untimely passing.

Nevada’s wrongful death law allows different family members to file claims in different circumstances. While this is good for families overall, it presents additional challenges for determining what you can—and should—do after a fatal accident.

An experienced lawyer at Burg Simpson can help you with all aspects of a wrongful death lawsuit in Nevada. Call 702-668-2070 today for a FREE and confidential case evaluation. Our lawyers can walk you through everything you need to know and help you and your family members make informed decisions about how best to proceed.

Eligibility to File a Wrongful Death Claim in Nevada

Keeping in mind that individual circumstances vary, here is an overview of the family members and other individuals who may be eligible to file a wrongful death claim in Nevada:

1. Personal Representative

Any time someone dies in Nevada, his or her personal representative is responsible for administering his or her estate. Appointing a personal representative is part of the estate planning process; if someone dies before preparing an estate plan, a personal representative will be appointed through probate.

Personal representatives are entitled to file a wrongful death claim on behalf of the victim’s estate. Any damages recovered on behalf of the estate will be distributed to the victim’s heirs or beneficiaries. These individuals will be determined by the victim’s estate plan or, if necessary, by Nevada’s intestate succession law.

2. Spouse

In Nevada, surviving spouses can file wrongful death claims to recover fair compensation for their grief, sorrow, loss of companionship and consortium, loss of comfort, and other non-financial losses. Surviving spouses can file claims on behalf of their children as well.

3. Children 

If the victim of a fatal accident does not have a surviving spouse, the victim’s children may still be eligible to file a wrongful death claim. Adult children can file their claims directly, while minor children can file their claims with the help of a guardian or other appropriate representative.

4. Parents

If the deceased does not have a surviving spouse or surviving children, the victim’s parents may be able to file a wrongful death lawsuit in Nevada. Similar to surviving spouses and children, surviving parents can seek financial compensation for their grief, sorrow, and other non-financial losses.

5. Siblings

Siblings may be eligible to file a wrongful death claim if the victim of a fatal accident does not have a surviving spouse, children, or parents. The types of financial compensation available to eligible siblings are generally the same as those available to eligible spouses, children, and parents—though the specific damages that are available in any case depend on the specific losses suffered by each eligible family member.

6. Other Family Members 

If a fatal accident victim does not have a surviving spouse, children, parents, or siblings, then the victim’s closest surviving family member will generally be eligible to file a wrongful death claim. Here too, the damages that are available depend on the specific family, financial, and other circumstances at hand.

7. Other Eligible Individuals 

In some situations, individuals who are not members of the victim’s family may be eligible to file wrongful death claims as well. These situations typically involve financial dependency under an agreement or court order.

Determining Who Can (and Should) File a Wrongful Death Claim

As you can see, while there are a variety of possibilities, the specific options that are available in each individual case depend on the family circumstances involved. When you talk to a wrongful death lawyer, your lawyer will help you understand whether you and/or any of your family members have a viable wrongful death claim under Nevada law.

Schedule a Free Consultation with a Wrongful Death Lawyer in Las Vegas

The death of a loved one is a terrible event. If negligence was a factor, it can be difficult to know what is involved in exercising your legal rights.

Burg Simpson is committed to helping families recover the compensation they deserve for wrongful death. You pay nothing upfront and only owe attorney fees if we obtain a favorable outcome on your behalf.

If you need more information about who can file a wrongful death lawsuit in Nevada, we strongly encourage you to get in touch. Discuss your legal rights for FREE by contacting Burg Simpson today. Our wrongful death lawyers serve clients throughout Nevada from our office in Las Vegas.