When a loved one dies as a result of a car accident, it is devastating to the family members left behind. This is especially true when a negligent driver caused a crash that could have been prevented if only he had been driving more carefully. While compensation for your loss will not bring your family member back to you, it can help to replace the household income you lost and allow you to create a stable home environment for your family. Here, we discuss how to hold a negligent driver responsible when the victim of the crash dies.
What Is a Wrongful Death Action?
A wrongful death action is a civil suit brought by family members when someone dies due to the intentional, reckless, or negligent actions of another person. It can be brought in many types of personal injury cases, including when someone dies in a car accident. In this type of lawsuit, the victim is seeking compensation for the losses—such as lost wages, medical bills, funeral expenses, and loss of companionship—suffered due to the person’s death.
Who Can File a Wrongful Death Action in Nevada?
Not everyone who knew the deceased person or was related to him can file a wrongful death action. The following parties could be eligible to file a wrongful death action:
- A personal representative of the deceased person’s estate
- Deceased person’s spouse, domestic partner, or children
- Parents of the deceased person if he did not have a spouse or children
- Other dependents of the deceased person, such as stepchildren or stepparents, if they can show that they were dependent on the person at the time of his death
What Is the Statute of Limitations for Filing a Wrongful Death Action?
In Nevada, you have two years from the date of the person’s death to file a lawsuit against the negligent driver. If you fail to file a lawsuit within this time period, you waive your right to do so. Any lawsuit filed after this deadline would be most likely dismissed.
Wrongful death claims tend to be for larger sums of money, making it more likely that the negligent driver’s insurance company will fight even harder to not pay you the compensation you deserve. You need an experienced car accident attorney who knows how to investigate the accident and build your case against the negligent driver. He will understand the true worth of your claim and will not be afraid to file a lawsuit if necessary to obtain the compensation you deserve.
Have You Been Involved In A Henderson Or Las Vegas Car Accident?
If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Henderson office directly at 702.405.6000 to schedule a free initial consultation.