Wrongful Death Claim Statute of Limitations in Las Vegas

The untimely death of a loved one is never easy, especially if someone else’s wrongful or negligent actions contributed to the loss. In Nevada, qualifying family members can hold the responsible party accountable by filing a wrongful death claim. While taking legal action cannot bring the person back, it could provide a measure of closure and justice. It could also prevent you from struggling financially as you grieve and heal.

To pursue a wrongful death claim in Las Vegas, you must file your claim before Nevada’s statute of limitations expires. The statute of limitations is a set deadline with few exceptions. Talk to the Las Vegas wrongful death lawyers at THE702FIRM Injury Attorneys to find out how the time limit applies to your case.

Call or contact our office today for a free initial consultation.

When Should You File a Wrongful Death Claim in Las Vegas?

In most wrongful death cases in Las Vegas, you have two years from the date of the death to file a claim. The statute of limitations is set by state law. It’s critical to take action before the statute of limitations expires. Fail to file on time, and you could lose your chance to recover compensation forever.

For this reason, it’s a good idea to speak to a lawyer as soon as possible after your loved one’s death. Getting started promptly will give your legal team plenty of time to build a persuasive case on your behalf. 

Types of Wrongful Death Cases

Wrongful death cases come from a wide range of scenarios:

• Motor vehicle accident: Car crashes, truck collisions, or motorcycle wrecks
• Medical malpractice: Surgical errors, misdiagnosis, or unsafe drug prescriptions
• Nursing home neglect: Poor care or abuse leading to a sudden death
• Workplace accidents: Unsafe construction sites or lack of safety measures
• Defective product claims: Faulty parts, unsafe designs, or missing safety labels

No matter the circumstances, the family member’s death must be linked to someone else’s negligence. A personal injury case for wrongful death moves through civil actions, not criminal court.

Exceptions to the Wrongful Death Statute of Limitations

While the statute of limitations in Las Vegas for wrongful death is generally two years, there are a handful of exceptions to this timeline, such as:

• Cases where the discovery rule applies – In some wrongful death cases, the two-year countdown does not start on the date of the decedent’s passing but rather on the date it was discovered (or should have reasonably been discovered) that negligence caused their death. This is particularly common in medical malpractice cases, where it may not be clear that negligence played a role in a victim’s death for months or even years.
• Out-of-state defendants – If the party responsible for your family member’s death does not live in Nevada, the statute of limitations may not apply while they’re living out of state.
• Minors – A minor may not legally file a wrongful death lawsuit until they turn 18. So, if a child’s parents pass, the two-year statute of limitations may start to run when the child turns 18.
• Reversal of judgment – If you have a claim arising out of the reversal of the judgment in a prior court case, you have one year from the date of the reversal to file a claim.
• Fraud – A Nevada court may decide to extend the statute of limitations in your case if the defendant purposely tried to hide their role in your loved one’s death.
• Plaintiffs with mental or physical impairments – A judge may also decide to extend the wrongful death state of limitations if a mental or physical disability prevents you from filing a claim on time.

Who Can File a Wrongful Death Lawsuit?

Nevada has a clear approach to who has the right to file a wrongful death lawsuit. This includes:

• Surviving spouse of the deceased
• Surviving children
• Surviving family members who rely on the deceased for support
• Personal representative of the deceased’s estate

If the victim had no surviving family, the personal representative of the deceased’s estate may file a wrongful death suit.

Typical Defenses Used by At Fault Parties

The defense or insurance company may try to reduce liability in several ways:

• Arguing the deceased was at fault: They may claim the victim ignored safety rules.
• Disputing the cause of death: They say a medical condition or unrelated event led to the victim’s death instead.
• Claiming lack of negligence: They deny any direct link between their conduct and the family member’s death.
• Pointing to time bars: They insist the limitations deadline passed, so the claim is not valid.

When you have a strong set of records and clear proof, these defenses lose ground. A personal injury attorney who handles wrongful death suits can prepare for these tactics.

Preventing Delays and Protecting Your Rights

Family members coping with a loved one’s death often struggle with legal matters amid grief. Yet it is important to keep track of the time limit set by the death statute of limitations. Simple steps can help:

• Call a personal injury lawyer soon after the victim’s death if you suspect negligence played a role
• Stay informed of the Nevada statute that applies to wrongful death suits and how it affects your case
• Keep in touch with your lawyer about case progress
• Gather all documents like medical records, death certificates, and insurance claim details

Families who act promptly often stand the best chance of building a solid case and keeping to the state’s statute. If you worry about costs, many attorneys provide a free consultation to review your options. 

When Should I Contact a Las Vegas Wrongful Death Lawyer? 

The best time to contact a wrongful death lawyer in Las Vegas is as soon as possible after your family member’s death.

Wrongful death claims can be a challenge, especially if key evidence disappears or is destroyed. Speaking to a lawyer quickly after the death of a family member allows your attorney to act quickly and preserve the evidence needed to pursue compensation for you. This may ultimately give you a better chance of proving your case and recovering fair compensation for your losses.

If you wait too long to speak to a lawyer after a family member’s wrongful death, you run the risk of not getting the resources you need through an injury claim or lawsuit. The financial costs from a wrongful death are considerable, including any outstanding medical bills your family member had, their funeral and burial expenses, and the loss of the income they earned through their job. You also have a right to pursue compensation for the emotional anguish that comes from relatives.

Remember, if you wait too long and miss the two-year deadline under the wrongful death statute of limitations, you may not have the chance to recover anything.

Contact Our Wrongful Death Attorneys Now

At THE702FIRM Injury Attorneys, we know that processing a family member’s wrongful death takes time. Let us do our part to make things easier for you.

While you work through your grief, our Las Vegas wrongful death lawyers can handle the steps involved in building a strong case for compensation for you. We’ll gather evidence to help establish liability, negotiate with the insurance company, and push for a fair settlement to support you through this tragic time. And if it comes to it, we’re prepared to bring your case to trial to pursue a better result for the injustice you’ve suffered.

Learn more about filing a wrongful death claim in Las Vegas by talking to THE702FIRM Injury Attorneys today. Call our office or visit our contact page for a free consultation with a compassionate wrongful death lawyer.