If a family member died because of someone else’s carelessness in Nevada, Washington, or California, a wrongful death lawyer at Van Law Firm can determine who is responsible and pursue the losses your family has suffered. A civil claim is separate from any criminal case and can proceed whether or not charges were ever filed.
We represent families in Las Vegas, Henderson, and Summerlin, across Washington from our Lakewood office including Seattle and Tacoma, and in California from Monterey Park. There is usually more time than families fear, but evidence disappears quickly, so an early review protects the claim without requiring you to make decisions before you are ready.
- Cases we handle: fatal vehicle and truck collisions, pedestrian deaths, workplace and construction incidents, unsafe property, drownings, and defective products.
- What we pursue: funeral and burial costs, medical expenses before death, lost financial support, and the loss of companionship, guidance, and services.
- Fees: Our personal injury law firm never charges upfront fees. We handle your case on a contingency, which means you don’t pay unless we win.
- Where we work: offices in Las Vegas, Nevada, Lakewood, Washington, and Monterey Park, California.
What Legally Qualifies as Wrongful Death
A wrongful death claim exists when someone dies because of another party’s wrongful act or negligence, in circumstances where that person could have brought an injury claim had they lived. The legal test is the same one used in any injury case: a duty of care, a failure to meet it, and a death caused by that failure.
Two points matter early. A wrongful death claim is a civil action for money, not a criminal prosecution, so it does not depend on anyone being charged. And the standard of proof is lower than in a criminal case, which is why families sometimes succeed in a civil claim after a prosecution was declined or ended in acquittal.
Who Can Bring a Wrongful Death Claim?
This is decided by statute and differs meaningfully across the three states, so it is worth checking rather than assuming.
Nevada
Under NRS 41.085, both the heirs of the person who died and the personal representative of the estate may each maintain an action. Nevada is unusual in creating two separate claims from the same death: the heirs recover for their own losses, and the estate recovers separately. An heir is a person who would inherit under Nevada’s intestate succession rules, which generally means a spouse or domestic partner and children first.
Washington
Under RCW 4.20.010 and RCW 4.20.020, the action is brought for the benefit of the spouse, state registered domestic partner, and children including stepchildren. If there is no spouse, domestic partner, or child, the claim may be maintained for the benefit of the parents or siblings of the person who died.
California
Under Code of Civil Procedure section 377.60, the claim may be brought by the surviving spouse, domestic partner, and children, or the issue of deceased children. If none survive, it passes to those who would inherit by intestate succession. Certain dependents may also qualify. California takes a strict approach to standing, so not every grieving relative has the right to file.
Wrongful Death and Survival Actions: Two Different Claims
Families are often surprised that a single death produces two distinct legal claims. Understanding the split explains most of what happens afterwards.
- The wrongful death claim belongs to the family. It compensates surviving relatives for what they lost: financial support, companionship, guidance, and services the person would have provided.
- The survival action belongs to the estate. It covers what the person who died suffered between the injury and their death, including medical expenses and lost earnings in that period. It is brought by the personal representative rather than by relatives individually.
Survival actions are authorized by NRS 41.100 in Nevada, RCW 4.20.046 in Washington, and Code of Civil Procedure section 377.30 in California, with recoverable damages set out in section 377.34. The two claims are usually filed together. In California, punitive damages are generally unavailable in the wrongful death claim itself but may be available through the survival action, which is one reason the two are pursued side by side.
Common Fatal Accident and Negligence Scenarios
- Vehicle and truck collisions. Including commercial vehicles, where the carrier, broker, or maintenance contractor may share responsibility with the driver.
- Pedestrian and cyclist deaths. Where right of way, visibility, and road design are usually contested.
- Workplace and construction incidents. Falls, struck-by injuries, and equipment failures, where a third party outside the employer may be liable alongside any workers’ compensation entitlement.
- Unsafe property and inadequate security. Including drownings, falls, fires, and assaults on premises where a known risk went unaddressed.
- Defective products. Vehicle components, machinery, medical devices, and consumer goods that failed as designed or lacked adequate warnings.
Evidence Needed to Prove Liability
The proof required is the same as in any injury claim, with the difference that the person who could describe what happened is no longer available. That makes independent evidence more important, and it makes early preservation critical.
- The incident itself. Police and coroner reports, scene photographs, surveillance footage, vehicle data recorders, maintenance and inspection records, and witness accounts.
- The medical record. Ambulance run sheets, emergency and hospital records, treatment notes from any period between injury and death, and the death certificate and autopsy findings.
- The financial and personal picture. Tax returns, pay records, benefit statements, and evidence of the role the person played in the household, which establishes the scale of what the family lost.
Documents to gather when you are able
None of this is needed to start a conversation. Bring what you have and we help with the rest.
- The death certificate, once issued
- Any police, fire, coroner, or workplace incident report number
- Medical records and bills from the injury through to the death
- Funeral and burial invoices
- Recent tax returns, pay slips, or benefit statements
- Any insurance policies, including life, auto, and employer-provided cover
- Correspondence from any insurer, employer, or investigating agency
- Contact details for anyone present at the time
What Can Be Recovered
Recoverable losses fall into two categories, and the specific list varies by state and by which of the two claims it belongs to.
- Economic losses: funeral and burial expenses, medical costs incurred before death, lost financial support the person would have provided, lost benefits and pension contributions, and the value of household services no longer performed.
- Non-economic losses: loss of companionship, comfort, and society, loss of a parent’s guidance and instruction to a child, and loss of consortium for a spouse or domestic partner.
What any individual claim is worth depends entirely on its facts, on the family relationships involved, and on which state’s rules apply, so no one can responsibly quote a figure before reviewing the case.
Estate Considerations and Why They Matter Early
The survival action is brought by the personal representative of the estate, which means someone has to be formally appointed before that part of the case can proceed. Where there is no will, the appointment goes through the probate court, and that process takes time.
Two practical consequences follow. Starting the appointment early avoids a situation where the deadline approaches and no one has authority to file. And where several relatives may qualify, deciding who will serve, before positions harden, prevents a dispute inside the family from delaying the claim against the party responsible.
What to Avoid in the First Weeks
- Signing anything an insurer sends. Early paperwork often includes a release. Families are sometimes asked to sign it alongside a small payment toward funeral costs.
- Giving a recorded statement. Before the investigation is complete, an account given from grief and partial information tends to be used later against the claim.
- Assuming a police finding settles fault. A traffic citation, or the absence of one, is evidence rather than a conclusion. Civil liability is decided separately and on a different standard.
- Waiting for the criminal case to finish. A civil claim can usually proceed alongside a prosecution, and footage and records are routinely destroyed on a fixed schedule while a criminal matter is still open.
- Discussing the incident publicly. Social media posts can be requested by the other side during the case.
How We Handle the Case
The intention is that the investigation proceeds without the family carrying it.
- Free consultation. We explain the options, including which claims exist and which deadlines apply. No obligation to proceed.
- One point of contact. A single person handles the family’s questions, so relatives are not each fielding calls from insurers and investigators.
- Preservation, immediately. Letters go out for footage, vehicle data, staffing records, and maintenance logs, because most are overwritten or discarded on a schedule.
- Estate and standing. We work alongside the appointment of a personal representative so the survival action is not held up by procedure.
- Filing. Nevada claims are commonly filed in the Eighth Judicial District Court in Clark County, and many Washington claims in Pierce County Superior Court. California claims from the Monterey Park area are commonly filed in Los Angeles County Superior Court. Venue depends on where the death occurred and which parties are named.
- Resolution. Most claims settle without a trial. If no fair settlement is offered, the case is prepared for court, and the family decides whether to accept any offer.
Deadlines to File a Wrongful Death Claim
Deadlines run from the date of death rather than the date of the injury, and claims involving a public entity run on far shorter clocks. Confirm your own date rather than assuming the general rule applies.
Nevada
- Most claims: two years from the date of death under NRS 11.190(4)(e).
- Claims involving a child heir: NRS 11.250 can affect the period for a minor’s own claim.
Washington
- Most claims: three years from the date of death under RCW 4.16.080(2).
- Claims against the state: RCW 4.92.100 requires a claim to be filed and a 60-day waiting period before suit. Local government bodies have their own procedures.
California
- Most claims: two years from the date of death under Code of Civil Procedure section 335.1.
- Claims against a public entity: a government claim must generally be presented within six months under Government Code section 911.2, long before the two-year deadline.
Frequently Asked Questions
Who can file a wrongful death lawsuit?
It depends on the state. In Nevada, NRS 41.085 allows both the heirs and the personal representative of the estate to bring separate actions. Washington brings the claim for the benefit of a spouse, registered domestic partner, and children, and if none, parents or siblings. California limits standing to a spouse, domestic partner, children, and certain others.
What is the difference between wrongful death and a survival action?
They compensate different people. A wrongful death claim belongs to surviving relatives and covers their losses, such as financial support and companionship. A survival action belongs to the estate and covers what the person suffered between the injury and death, including medical bills and lost earnings.
Can several family members bring separate claims?
In Nevada, yes: the statute creates a claim for the heirs and a separate claim for the estate, which can be joined. Washington and California generally consolidate the family’s losses into a single action, though individual beneficiaries may recover different amounts within it. Who is included is set by statute rather than by the will.
What damages can be recovered in a wrongful death claim?
Funeral and burial costs, medical expenses incurred before death, the financial support the person would have provided, lost benefits, and the value of household services. Families can also recover for the loss of companionship, comfort, and a parent’s guidance. The precise list varies by state and by which claim it falls under.
How long do I have to file a wrongful death lawsuit?
Two years from the date of death in Nevada under NRS 11.190(4)(e), three years in Washington under RCW 4.16.080(2), and two years in California under Code of Civil Procedure section 335.1. Claims against a government body run far shorter. California requires a government claim within six months.
Does a criminal case affect a wrongful death lawsuit?
They run separately. A civil claim does not require charges to be filed and does not end if a prosecution fails, because the standard of proof is lower. A conviction can help prove the civil case, but the absence of one is not a bar. Waiting for the criminal case to conclude can cost you evidence.
Can funeral expenses and loss of financial support be recovered?
Yes, both are standard categories in all three states. Funeral and burial costs are documented directly from invoices. Lost financial support is calculated from the person’s earnings, benefits, and working life expectancy, usually with input from an economist, and includes contributions the family would have received over time rather than income alone.
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