The death of a loved one is a painful experience. It turns even more distressing if it is due to another person’s wrongful action or negligence. Although nothing can lessen the emotional burden, you must immediately act to file for a wrongful death claim if you think your loved one’s death was someone else’s fault.
Car accidents, truck accidents, slips and falls, medical negligence, and fatalities at work are some of the examples that qualify for wrongful death claims. However, these cases are subject to limitations, which you must know before filing a wrongful death claim.
This article will discuss what doesn’t qualify as a wrongful death claim so you don’t miss the opportunity to seek justice for your loved one!
What Doesn’t Qualify as a Wrongful Death Claim?
To determine if you can file a wrongful death claim, you must learn about the statute of limitations.
There’s a statute of limitations for wrongful death cases that varies from state to state where the death occurred. The state laws codify the statute of limitations, limiting the time to file wrongful death claims from six months to three years.
Statute of Limitations in Nevada and the Discovery Rule
In Nevada, a wrongful death claim must be filed within two years from the date of the person’s death. The personal injury limitation period further restricts this two-year time. The time to file a claim starts running from the date of the person’s injury, whether it was a car injury, motorcycle injury, injury at work, etc.
Thus, in Nevada, the statute of limitations for such deaths is two years from the time of death or when the plaintiff knew that a wrongful action had caused the death, whichever is later.
This type of exception is called the discovery rule and allows the statute of limitations to be extended in situations where family members did not immediately know full knowledge of the cause of wrongful death.
A wrongful death claim will be barred if the victim fails to file a personal injury lawsuit within their statute of limitations. One cannot file a wrongful death action without a personal injury claim. Therefore, acting immediately and accompanying yourself with a personal injury lawyer is emphasized.
In addition to the general statute of limitations for filing a wrongful death action plan, there are also certain restrictions and exceptions made in certain laws regarding specific situations. Generally, you must contact an attorney in the state where the wrongful death occurred as soon as possible to avoid missing the opportunity to file a lawsuit.
In the US, a wrongful death action is a civil case in which certain family members of the deceased person can sue the other person for damages for being at fault. Unlike a criminal case of murder or homicide, an act of wrongful death must only be proven by preponderance of the evidence rather than beyond a reasonable doubt. This means that situations may arise where a person is found not guilty of a criminal action but is convicted in a civil court for the same offense.
Do You Want Justice and Want to File a Wrongful Death Claim?
Anyone in a situation where they’ve lost a loved one due to someone’s wrongful actions or negligence deserves to seek justice, at least to lessen the financial burden, if not the emotional damage.
If you’re in Nevada, the various exceptions, additions, and discovery rules can make it difficult to understand the statute of limitations for your state, and a legal professional should be consulted immediately by anyone interested in pursuing a wrongful death claim. Reach out to the Bourassa Law Group team for a wrongful death claim!
The Bourassa Law Group has a team of skilled attorneys experienced in dealing with wrongful death cases of different types. Our personal injury attorneys take care of everything from the moment our clients contact us and fight to get them the fairest compensation for their loss.
Call us at (800)870-8910 for a free consultation!
1-800-870-8910