Little in life is more tragic or tougher to face than the unexpected loss of a loved one. The sudden death of your spouse, parent, or child can often feel unbearable. The devastation can be compounded when caused by someone else’s negligence that could have been prevented.
As you begin the grieving process and find the strength to make plans to lay your loved one to rest, you may also be forced to consider whether you want to pursue a wrongful death claim. Moving forward with a wrongful death claim in Nevada will never bring your family member back. Still, it can help you stabilize your family’s finances so you can focus on what is most important, grieving the loss of your loved one and healing your family. In your family’s time of need, you should not be forced to pay medical bills and funeral expenses on top of losing your loved one’s income and other contributions.
While you may have some time to consider your legal options, you cannot let the question of a wrongful death claim sit for too long. In Nevada, there are time limitations, commonly referred to as the “statute of limitations,” for filing a wrongful death claim. You should act as quickly as possible because this will help preserve evidence related to the accident. Over time, evidence is tougher to gather to support your claims.
To learn more about wrongful death claims in Nevada, and our significant experience litigating these claims, contact Cohan PLLC at (702) 623-3579
The Nevada Wrongful Death Statute Of Limitations
The Nevada wrongful death statute of limitations is two years from the date the cause of action arises. If you want to try and recover compensation for losing a loved one, you have two years to file a wrongful death claim, usually starting on the day of your family member’s death.
After the statute of limitations runs out, you no longer have the right to seek compensation for your loss. In a few limited circumstances, you may be able to file a valid claim after two years from the date of your loved one’s death. However, if you bring a wrongful death claim filed too late, the defendant can seek to have it dismissed. It is essential to consult with an experienced wrongful death attorney as soon as possible to ensure you do not miss this crucial deadline.
When The Statute of Limitations Starts
The statute of limitations begins to run starting on the date your legal cause of action arises. This is the day you realize some facts may support a legal claim. In almost all circumstances, this date is the day of your loved one’s death, not the day that the accident that caused their death occurred. If your spouse, parent, or child died on the same day as the accident, then this is the day the clock begins to tick. However, your family member may have passed away days or weeks following the accident. The limitation will start on the day of the death, not the day of the accident. A legal claim may arise on the day of the accident. However, your right to file a wrongful death lawsuit does not come until your loved one dies.
Tolling the Statute of Limitations For Wrongful Death
There are circumstances when the statute of limitations does not begin to run until a later date or pauses in the middle. This is known as tolling the statute of limitations. Whether the statute of limitations is delayed or at some point paused, the practical effect is that the time you have to file a wrongful death claim is extended beyond two years from the date of your loved one’s death.
The statute of limitations may be tolled when:
You are a minor child. If you lost your parent as a minor child, the statute of limitations does not begin to run until you turn 18. You will have two years following your 18th birth date to file a wrongful death suit. However, you are not required to wait. Another parent or guardian can pursue a wrongful death claim on your behalf while you are still a minor.
The negligence was not obvious. If you were reasonably unaware that another person or business’s negligence was responsible for your loved one’s death, then your cause of action did not arise until you were informed. Even if you did not learn of the negligence until years later, your two-year statute of limitations does not begin to run until the date you knew.
The negligence was fraudulently concealed. Suppose the party that caused your loved one’s death intentionally concealed their involvement or negligence related to the death. In that case, your statute of limitations does not begin to run until you find out about the fraud.
You are incapacitated. If you were mentally or physically incapacitated at the time of your loved one’s death, the clock does not start until you are competent. This is common if you were injured in the same accident that led to your family member’s death.Is Radiculopathy Nerve Damage?
Our Las Vegas Wrongful Death Attorneys Offer Compassionate Representation
If you lost a loved one because of another person’s carelessness, recklessness, or intentional wrongful action, you might have the right to file a wrongful death claim. To learn more about your rights and legal options, call us at Cohan PLLC at (702) 623-3579
We have more than 11 years of experience working with families who have lost loved ones. We offer the skills and resources you need to build a strong case against the party responsible for your loss.
Our firm will do whatever it takes to help you recover. Call (702) 623-3579 or fill out our contact form!
Chasen Cohan, Esq. is the founder of Cohan PLLC. Mr. Cohan is a licensed attorney who also possesses FINRA Series 7 (Registered Representative) and Series 63 (Uniform State Representative) licenses, state insurance licenses, and State Securities Registrations in Nevada, Missouri, and North Carolina. Mr. Cohan is admitted to practice law before the Nevada Bar, all Nevada State and Federal Courts, and the United States Court of Appeals for the Ninth Circuit.
Mr. Cohan’s representative clients have included: Wal-Mart Stores, Inc., Sam’s West, Inc., MGM Grand Resorts International, New York-New York Hotel & Casino, Mandalay Corp., The Treasure Island Hotel and Casino, The Cosmopolitan of Las Vegas, The Mirage Casino-Hotel, South Point Hotel & Casino, American Express, Barclays, US Bank, Wells Fargo, Citibank, and various life insurance companies and service providers.
Mr. Cohan is a Las Vegas native who graduated with honors from UCLA with a Bachelor of Arts degree in Political Science. Mr. Cohan received his Juris Doctorate from the University of Texas School of Law. During law school, Mr. Cohan served as a clerk for the Office of the Texas Attorney General and a Judicial Extern for United States District Court Judge James R. Nowlin.
Clients from global brands and middle-market companies to innovative startups and individuals trust Cohan PLLC to resolve their trickiest legal disputes. Whether that’s litigation in state or federal trial and appellate courts in Nevada; investigations and enforcement actions before government agencies; or mediation, arbitration, and regulatory agency proceedings. Cohan PLLC has litigated hundreds of millions in dollars of claims on behalf of corporate litigants. As a result of this experience, Cohan PLLC has been afforded the opportunity to selectively act as Plaintiff’s counsel on complex, personal injury matters.