Nothing can prepare you for losing a loved one in an accident. In addition to personal pain and suffering, there are often medical bills, lost income, funeral expenses and other expenditures that pile up suddenly and make the grieving process even more problematic. If your loved one passed away due to the negligent or willful conduct of another person, it may qualify as a wrongful death claim, and it is important to seek an attorney immediately to secure your rights as the surviving party.
A wrongful death claim is a lawsuit brought on behalf of a deceased party’s estate against the at-fault party. It can be filed by a personal representative of the decedent’s estate, the deceased person’s surviving spouse, domestic partner or children, or the parents of the decedent if there is no surviving spouse or child. The estate can claim damages such as medical bills, funeral costs, financial support for the surviving family, punitive damages, and pain and suffering.
In addition to filing a claim on behalf of the deceased party, NRS 41.085 permits the deceased’s heirs to file their own claim for damages. This includes damages for grief, loss of companionship, and loss of consortium. These proceeds that directly belong to the heirs are not liable for any of the deceased debts.
The statute of limitations on a wrongful death claim is two years from the day of the deceased’s passing. If you fail to file a claim within this time period, the victim’s family risks losing their opportunity to obtain financial compensation as it is likely the court will dismiss the case. Please contact Bay Law for assistance if a loved one has passed away in an accident to discuss your options moving forward.