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Wrongful Death

Nevada Law - Nevada Lawyers

When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the survivors' loss, such as lost wages from the deceased, lost companionship, and funeral expenses. Here's a primer on wrongful death claims -- what they are, who can sue, who can be sued, and what damages may be recovered.

What is a Wrongful Death Claim?
A wrongful death claim exists when a person dies due to the legal fault of another person. The right to file a lawsuit for wrongful death is a relatively new concept. "Common law" (the laws brought to the United States from England) did not allow this kind of lawsuit. But during the last century, state and federal courts created the right to bring a wrongful death action. Every state in this country now has some kind of wrongful death law.

Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.

Who May Sue for Wrongful Death?
A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (they are called the "real parties in interest"). The representative is usually the executor of the decedent's estate. The "real parties in interest" vary from state to state. Some of those people might include:

Immediate family members. In all states, immediate family members like spouses and children (including adopted children) and parents of unmarried children can recover under wrongful death actions.

Life partners, financial dependents, and putative spouses. In some states, a domestic or life partner, anyone who was financially dependent on the decedent, and a "putative spouse" (a person who had a good faith belief that he or she was married to the victim) have a right of recovery.

Distant family members. Some states allow more distant family members, such as brothers, sisters, and grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action.

All persons who suffer financially. Some states allow all persons who suffer financially from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage to the victim.

Who May Be Sued for a Wrongful Death?
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

  • - the driver or employer at fault in the automobile accident
  • - the designer or builder of the faulty roadway
  • - a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
  • - the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
  • - the persons who sold, served, or gave alcohol to the impaired driver, or
  • - the owner of the premises where the alcohol was served.

If you think you have rights to a wrongful death claim and have questions please call us immediately.