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Who Can Sue For Wrongful Death?

Wrongful Death

Losing a loved one is one of the most painful experiences anyone can endure, especially when their death is caused by someone else’s negligence or intentional actions. In such cases, the surviving family members may have the right to seek justice and compensation through a wrongful death lawsuit. 

Table of Contents


Understanding Wrongful Death


Wrongful death refers to a legal claim brought against a person or entity whose negligent or intentional actions resulted in the death of another person. This legal action allows the surviving family members to seek compensation for their losses, including medical expenses, funeral costs, lost wages, and emotional suffering.

Determining Eligibility to Sue for Wrongful Death


In Las Vegas, specific individuals are eligible to bring a wrongful death claim. The eligibility criteria typically include:

  • Immediate Family Members

Immediate family members, such as spouses and children of the deceased, are usually the primary beneficiaries eligible to sue for wrongful death. They are the closest relations to the deceased and, therefore, have a strong claim to seek compensation for their loss.

  • Distant Family Members

In some cases, certain distant family members may also be eligible to file a wrongful death claim, especially if there are no immediate family members. These may include grandparents, siblings, or other relatives who were financially dependent on the deceased.

  • Domestic or Life Partners

In Las Vegas, domestic or life partners who were in a legally recognized relationship with the deceased may have the right to pursue a wrongful death claim. This includes same-sex partners who were registered domestic partners.

  • Financial Dependents

People who were financially dependent on the deceased may have the standing to sue for wrongful death. This category may include stepchildren, parents, or other individuals who relied on the deceased for financial support.

  • Putative Spouses and Children

In some cases, putative spouses (individuals who believed in good faith that they were legally married to the deceased) and children born out of wedlock may also have the right to pursue a wrongful death claim.

Statute of Limitations for Filing a Wrongful Death Claim


It’s important to understand that there is a time limit for filing a wrongful death lawsuit in Las Vegas. This legal time limit, known as the statute of limitations, varies by state and can significantly impact a family’s ability to seek compensation. In Nevada, the statute of limitations for wrongful death claims is typically two years from the date of the deceased person’s passing.

Proving Wrongful Death Claims in Las Vegas


To prevail in a wrongful death lawsuit, the plaintiff must demonstrate that the death was caused by the defendant’s wrongful actions or negligence. There are several grounds on which a wrongful death claim can be based:

  • Negligence

The most common basis for a wrongful death claim is negligence. This occurs when a person’s careless or reckless actions lead to the death of another. For instance, a drunk driver causing a fatal car accident due to impaired driving is an example of negligence.

  • Intentional Harm

In some cases, the wrongful death may result from intentional harm caused by another person or entity. This could include cases of assault, murder, or other deliberate acts.

  • Product Liability

If the death was caused by a defective product, the manufacturer or distributor of the product may be held liable for wrongful death under product liability laws.

  • Putative Spouses and Children

In some cases, putative spouses (individuals who believed in good faith that they were legally married to the deceased) and children born out of wedlock may also have the right to pursue a wrongful death claim.

Compensation in Wrongful Death Cases


The compensation awarded in wrongful death cases aims to provide financial support to the surviving family members who have suffered a loss due to their loved one’s death. The types of compensation may include:

  1. Medical expenses incurred before the person’s death
  1. Funeral and burial costs
  2. Lost wages and future earning potential of the deceased
  3. Loss of companionship and emotional suffering experienced by surviving family members

The specific amount of compensation awarded in a wrongful death case depends on various factors, including the circumstances of the death, the age and financial contributions of the deceased, and the impact of the loss on the surviving family members.

Frequently Asked Questions (FAQs)


  1. What is the definition of wrongful death?

Wrongful death refers to a legal claim brought against a person or entity whose negligent or intentional actions caused the death of another person.

  1. Can I sue for wrongful death if my loved one died due to a workplace accident?

Yes, if the death of your loved one was the result of someone else’s negligence, such as an employer or a third party, you may have grounds to file a wrongful death claim.

  1. Can I file a wrongful death claim if my family member died from medical malpractice in Las Vegas?

Yes, if the death occurred due to medical malpractice or negligence by a healthcare provider, you may have the right to pursue a wrongful death claim.

  1. Can I pursue a wrongful death claim if my loved one died in a car accident caused by another driver’s negligence?

Absolutely, if the death was caused by another driver’s negligence, you may have a valid wrongful death claim against the at-fault driver.

  1. Is there a time limit to file a wrongful death lawsuit in Las Vegas?

Yes, the statute of limitations for filing a wrongful death lawsuit in Las Vegas is typically two years from the date of the deceased person’s passing.

Taking Action


Losing a loved one due to wrongful death is a devastating experience, and pursuing legal action may be the last thing on your mind during such a difficult time. However, if your family has suffered the loss of a loved one due to someone else’s negligence or intentional actions, it’s essential to understand your rights. Eligible family members have the legal right to sue for wrongful death and seek compensation for their losses.

If you believe you have a wrongful death claim in Las Vegas, it’s crucial to seek guidance and representation from an experienced personal injury lawyer. The legal process can be complex, and having a skilled attorney by your side can make a significant difference in the outcome of your case.

For expert legal assistance and compassionate support, we at Ace Lakhani Law Firm are here to help. Our team of dedicated personal injury lawyers in Las Vegas has a proven track record of handling wrongful death cases and obtaining fair compensation for our clients. Contact us today at 702.814.4000 or fill out our contact form here and let us fight for the justice and compensation your family deserves.

Remember, you don’t have to navigate this challenging time alone. Let us be your advocate and help you seek the justice your loved one deserves.

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