When a catastrophic accident occurs and a person suffers fatal injuries
as a result, the family members of the victim will undoubtedly suffer
emotional distress. Although there will be a need for the family to move
through a period of mourning, it is also important that the family of
the deceased person understands their legal rights.
According to the laws of Nevada, certain family members can file a
wrongful death lawsuit against the at-fault individuals within two years of the date of the person’s
death. This period of time is known as the statute of limitations. It
is important for individuals to remember that a wrongful death claim is
considered a civil lawsuit.
This means one of the following people must file the suit in court in order
to pursue monetary compensation:
- The surviving spouse or domestic partner
- The child / children of the deceased individual
- The parents of the deceased individual if there are no surviving children or spouse
- The personal representative of the deceased individual’s estate
If one of the acceptable family members fails to file a lawsuit within
the two-year limit, the defendant can file a motion to dismiss the case
and the court will grant the request. Additionally, Nevada laws state
that other people can file a civil claim for the wrongful death if they
are able to prove to the court that they were dependent on the deceased
individual at the time of the individual’s death.
For example, a stepchild may be able to file a wrongful death claim in
court if they can prove that the deceased person supported them financially.
Criminal charges for homicide, on the other hand, must be filed by a prosecutor.
If the at-fault person is convicted, he or she may be sentenced to imprisonment,
probation, and other penalties. In addition, the at-fault person may be
held liable to pay punitive damages for their irresponsible, reckless,
or careless actions.
Have You Suffered the Loss of a Loved One?
If you have lost someone you love and believe that another person or entity
should be held liable, we encourage you to get in touch with
our Reno wrongful death lawyers at Joey Gilbert Law. We understand how difficult the legal process can
be, and that is why we would like to handle your case diligently so you
and your family can focus on the road to emotional recovery. No matter
what your case may be, we have the knowledge and skills it takes to fight
for the rights of you and your family.
To put experience and expertise on your side,
call a Reno wrongful death attorney at Joey Gilbert Law!