Losing a loved one is painful enough without legal processes further complicating your grief. After fatal accidents due to negligence, surviving family members can pursue wrongful death claims and lawsuits, seeking accountability and financial relief.
One of the common questions is whether personal injury lawsuits or wrongful death settlements are a matter of public record. Nevada law balances transparency around legal outcomes with privacy sensitivities. That means while lawsuits are public, the settlements are not.
If you’re pursuing justice for those killed by others’ negligence, contact Kidwell & Gallagher personal injury lawyers to pursue justice while also shielding your family from additional stress.
Unlike criminal cases filed by prosecutors, wrongful death lawsuits stem from private individuals, companies, or organizations. However, the legal action often proceeds through Nevada state courts. Many civil case documents enter the public record once filed with the court clerk – including initial complaints/petitions, motions, judge rulings, and final verdicts or settlement agreements.
That means details like the plaintiff’s allegations, the defendant’s response, legal arguments, and judicial decisions can become accessible to the public. The entire court trial transcript becomes publicly accessible.
News reports about high-profile lawsuits also frequently reference such records. However, attorneys can request confidentiality for sensitive materials that get filed.
Settlement terms mutually agreed upon by plaintiffs and defendants to avoid trial are usually submitted to the court for entry of dismissal. Settlement is less expensive and has less emotional turmoil on the defendants.
The majority of personal injury claims are settled outside courts. That means only you, your personal injury lawyer, and the insurer representing the wrongdoer will know about the amount agreed.
But while the actual dismissal filing cannot be sealed as it closes out court proceedings, there can be mutual agreement for the monetary amounts and payment terms of a Nevada wrongful death settlement to remain private.
The court record will simply confirm an agreement was reached, prompting case dismissal and omitting specifics. This spares families further emotional hardship from the public accessing sensitive information about lost loved ones, such as financial and medical information.
But if the parties don’t reach a settlement, the case goes to trial, and the matters of the suit become public. The description of the suffering, witness testimony, and other evidence become open and accessible to everyone.
A wrongful act or negligence of one party can lead to the death of a person. In such a case, the family of the deceased can institute a civil lawsuit for wrongful death. Wrongful death lawsuits can arise from medical malpractice, car accidents, falls, intentional acts, and more.
If you’re the family member of the deceased, you can file a wrongful death lawsuit against the parties that caused their death, either through negligence or other intentional acts. Our wrongful death lawyers at Kidwell & Gallagher aim to reduce legal burdens so grieving families can mourn peacefully. Contact us today for a free consultation to discuss your potential wrongful death case.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.