Wrongful Death Lawsuit Process

When the death of a loved one occurs due to an accident or the negligence of others, Nevada allows the surviving family the right to pursue a wrongful death lawsuit. Here is what to expect as part of the lawsuit process.

Investigation

After hiring an experienced wrongful death lawyer you trust, they will begin investigating your loved one’s accident to identify the liable parties. To build a solid claim, they will gather evidence, including:

• Obtaining copies of the police report and accident reports.
• Interviewing witnesses
• Obtaining copies of medical bills, including the coroner’s report.
• Obtaining photos or videos of the accident or the scene.
• Analyzing the scene of the accident.

This is a preliminary investigation to determine the validity of your claim and whether your loved one contributed to the accident. In Nevada, the victim’s contribution of fault will not bar the surviving family from obtaining compensation but will reduce their award. However, if your loved one was more than 50% responsible, you cannot recover compensation. If how the accident occurred or liability is unclear, your attorney may consult experts, such as an accident reconstruction expert, to determine the cause.

Demand Letter and Negotiations

After reviewing the evidence in your wrongful death case and estimating your family’s financial and personal losses, your lawyer will give their professional opinion on how much the opposing party will likely settle for. Based on that figure, your attorney will carefully draft a demand letter to send to the at-fault party’s insurer, detailing the facts of the accident and asking for a specific amount of compensation to resolve the claim. However, this letter is typically just the start of negotiations which can go back and forth for some time, and there is no guarantee their insurer will settle.

Filing a Lawsuit

If the at-fault party’s insurer refuses to settle for fair compensation, your family and your attorney may choose to file a lawsuit. In Nevada, the deceased’s estate representative or surviving next of kin has two years from the death to file a wrongful death lawsuit. If you fail to pursue a claim within this time, the court will reject your case. After serving the defendant (at-fault party), their insurer may be more inclined to settle.

Discovery

If your case continues, the discovery phase will begin. Each side will review the opposing party’s evidence and legal claims, send document requests to each other, and take depositions of all relevant parties and witnesses.

Mediation and Negotiation

Once discovery is complete, both sides will have a comprehensive view of the opposing party’s case and how a jury will likely decide fault. Over 95 percent of civil cases settle before trial, so mediation and further negotiations after discovery will likely lead to a settlement agreement.

Trial

Your wrongful death case will proceed to trial if a settlement cannot be reached. The trial itself may only take a day or a week, but depending on the complexity, it can sometimes be longer. Having a skilled attorney with trial experience will be critical at this point. They will argue your side of the case and present evidence before a jury to decide the case.

Collecting an Award

After the trial, the jury will deliberate to come to a decision on fault. If the other party is found at fault and your family is awarded compensation, it can still take months or possibly years before receiving compensation. The opposing party is entitled to file post-trial motions and appeals that can cause the delay.