Wrongful Death FAQ

Representing the Injured in Nevada

1. My loved one died as a result of poor medical treatment. Can I file a wrongful death claim?
   Yes. At Richard Harris Law Firm, we consider medical negligence unacceptable. If your loved one's healthcare provider made a mistake or his negligence or misconduct led to your loved one's death, you may be entitled to compensation.


2. Who can file a claim for wrongful death?
   Under Nevada law, "heirs and personal representatives" of the deceased may file a wrongful death claim. You may be considered an heir or personal representative of the deceased if you are:
   
   
   • An immediate family member (child, spouse, parent)
   • A legal dependant
   • A representative of his or her estate


3. Who cannot file a wrongful death claim?
   Nevada law stipulates that there are certain individuals who may not qualify for wrongful death damages, which includes:
   
   
   • Fiancés and fiancées
   • Foster children
   • Stepchildren
   • Unmarried partners

   These individuals are ineligible to file wrongful death claims, even if they are beneficiaries on the loved one's will or considered dependents.

4. What kind of damages can I file for?
   If someone's negligence is responsible for your loved one's death, you may be able to file a claim for damages—or monetary compensation—for:
   
   
   • anticipated earnings,
   • burial and funeral costs,
   • lost wages,
   • medical expenses,
   • pain and suffering,
   • and more.


5. What's the difference between compensatory and punitive damages?
   Compensatory damages are designed to "compensate" you and your family (plaintiffs) for expenses that are reimbursable, while punitive damages are designed to "punish" the at-fault parties (defendants) for their negligence, intentional action (or inaction), reckless behavior, etc.


6. What does my attorney do to prepare my case?
   These are just a few of the steps we'll take to prepare your case:
   
   
   • Collect expert testimonies
   • Conduct investigation
   • Evaluate the police/medical report
   • File paperwork
   • Gather evidence
   • Identify the liable party
   • Interview witnesses
   • Perform research


7. How long do I have to file a wrongful death lawsuit?
   In the state of Nevada, you have two years with discovery rule. The discovery rule indicates that you have two years from the date the injury that caused your loved one's death was discovered.