Las Vegas Wrongful Death Lawyers

Wrongful Death Attorney in Las Vegas

Our skilled wrongful death attorneys in Las Vegas recognize the huge pain and maze of logistical details faced when losing a loved one. All of these challenges are only compounded when the loss involves a third party’s negligence. Nevada laws provide the opportunity to seek compensation in such cases. Contact us for a complimentary, risk-free consultation to find out if you are entitled to compensation.

An experienced wrongful death attorney is essential in constructing a strong case following a preventable, wrongful, or negligent death of a loved one. While legal proceedings cannot reverse the tragedy, they can facilitate financial recovery for your loss. Our attorneys will handle the ins and outs of the court process, so that you can focus on emotional healing.

In our first conversation, we’ll discuss the strength of your claim and explore the possibility of a wrongful death claim. We’re here to answer your questions and evaluate the potential compensation for your loss. Remember, the nature and extent of damages in wrongful death cases can differ based on each unique legal situation.

What is a Wrongful Death Claim?

Wrongful death claims are brought by the family of the deceased when that person’s death resulted from another’s negligence. Some of the more common circumstances involved in such claims include slip and fall accidents, medical malpractice accidents, motorcycle accidents, and more.

To file a wrongful death claim, the claimant must be closely related to the deceased and needs to establish all aspects of the claim based on the type of wrongful act. For instance, in a car accident related wrongful death, the claimant needs to establish all the elements of negligence pertinent to the case. These claims often involve multiple legal criteria that the plaintiff must satisfy.

For help with a possible wrongful death suit, consult with our skilled wrongful death attorneys in Las Vegas, who can navigate the complexities of these claims.

How to File a Wrongful Death Claim in Las Vegas: A Comprehensive Guide

If you’ve lost a loved one due to someone else’s negligence, you may be eligible to file a wrongful death claim in Las Vegas, Nevada. This legal process can help surviving family members or a personal representative of the deceased seek justice and financial compensation. Understanding how to file a wrongful death claim in Las Vegas is crucial to navigating this difficult and emotional time. Below, we break down the essential steps and key details you need to know.

Who Can File a Wrongful Death Claim in Las Vegas?

In Las Vegas, the individuals who can file a wrongful death claim are typically close family members, such as spouses, children, or parents of the deceased. In some cases, a personal representative of the deceased’s estate can also file a claim. This representative is often designated in the deceased person’s will, but if no will exists, the court may appoint someone.

A wrongful death claim is filed against the at-fault party or the representative of the responsible party. The aim of these claims is to seek compensation for the damages caused by the loss, including emotional suffering, loss of financial support, and funeral expenses.

Types of Compensation in a Wrongful Death Claim

A successful wrongful death claim can result in various types of compensation, depending on the circumstances of the case. Common damages include:

• Economic Damages: These include funeral expenses, medical bills, and the lost financial support that the deceased would have provided.
• Non-Economic Damages: These compensate for pain and suffering, emotional distress, and loss of companionship.
• Punitive Damages: In cases where the defendant’s actions were particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

What is the Process for Filing a Wrongful Death Claim?

The process of filing a wrongful death claim in Las Vegas typically involves several key steps:

1. Consult with an Attorney: It’s crucial to consult with a personal injury attorney experienced in wrongful death cases. They will guide you through the process, help gather necessary evidence, and ensure that your claim is filed correctly.
2. Investigating the Case: Your attorney will investigate the circumstances surrounding the death to determine liability. This may involve gathering police reports, medical records, and other relevant evidence to support the claim.
3. Filing the Claim: Once your attorney has gathered the necessary evidence, they will file the wrongful death claim with the appropriate Nevada court. This begins the legal process of seeking compensation from the at-fault party.
4. Negotiating a Settlement or Going to Trial: In many cases, wrongful death claims are resolved through negotiations and settlements. However, if the parties cannot reach an agreement, your case may go to trial, where a judge or jury will determine the outcome.

Why Should You Hire a Wrongful Death Lawyer in Las Vegas?

Navigating a wrongful death claim can be complex and emotionally challenging. Hiring a skilled wrongful death attorney in Las Vegas ensures that you have someone on your side who understands Nevada’s legal system and can advocate for your rights. An attorney can help you:

• Ensure timely filing of the claim (as there are time limits known as statutes of limitations).
• Calculate the full extent of damages you may be entitled to.
• Negotiate with insurance companies or other parties involved.
• Represent you in court if necessary.

How Long Do You Have to File a Wrongful Death Claim in Nevada?

In Nevada, you generally have two years from the date of the person’s death to file a wrongful death claim. This period is known as the “statute of limitations.” If you miss this deadline, you may lose your right to pursue a claim altogether. Therefore, it’s critical to act quickly and consult an attorney as soon as possible after a wrongful death.

Frequently Asked Questions About Wrongful Death Claims in Las Vegas

1. Can a wrongful death claim be filed for any type of death?

Not all deaths qualify for a wrongful death claim. In general, wrongful death claims can only be filed if the death occurred due to the negligence or intentional misconduct of another party. Examples include car accidents, medical malpractice, and workplace accidents.

2. What happens if the at-fault party doesn’t have insurance?

If the at-fault party lacks insurance or the financial means to pay, it may still be possible to pursue compensation through other means, such as the responsible party’s personal assets or through uninsured motorist coverage if applicable.

3. How much is a wrongful death lawsuit worth in Las Vegas?

The value of a wrongful death lawsuit in Las Vegas can vary greatly depending on the circumstances. Factors such as the extent of the deceased’s lost earnings, the number of dependents, and the pain and suffering experienced by the family will all play a role in determining the total compensation.

Why Should You Hire Our Attorneys?

• Our experienced wrongful death attorneys have decades of practice representing decedents and bringing forth wrongful death claims of their loved ones.
• Our top-rated attorneys will constantly work to make sure that our clients are informed regarding the updates of their case. We always want to make sure that our clients understand the different steps that have been taken for their case, along with answering any questions or concerns that they may have. We want to make you feel comfortable throughout this process.
• Our attorneys are available 24/7 via phone and email, and conveniently have an office located in Las Vegas.
• Our attorneys work on a contingency fee basis, which means that you will not have to pay for any fees upfront until we win compensation for you. This means that you will not have to pay a single dollar to us. Once we recover a settlement or judgment in your favor, we will then take a percentage for our fees. This percentage is communicated to you before taking on your claim.

Filing a Wrongful Death Lawsuit

A wrongful death claim is similar to a personal injury claim except that, in the former, the accident victim didn’t survive. The right party must file it in a court within a given period. In this case, you hold an at-fault party responsible for the loss of life.

A wrongful death lawyer in Las Vegas can represent a family in a court of law and demonstrate that the death was due to recklessness or negligence. A reliable attorney can help you get compensation for all the costs you incurred due to the passing of a loved one.   

Who Can File a Wrongful Death Lawsuit?

To file a wrongful death lawsuit in Las Vegas, you must be related to the deceased or be a dependent, including spouses and children. The parents are also eligible if their deceased children were unmarried and didn’t have children. Siblings and other close family members can also qualify.

Acts of Neglect that Support Wrongful Death Claims

Regrettably, many accidents that warrant wrongful death claims happen in Las Vegas every day. Many lives are lost, and hundreds of families are left devastated by the loss of their loved ones. Some of the most common types of wrongful death cases include:

• Car accidents
• Aviation accidents
• Helicopter Accidents
• Worksite accidents
• Faultily designed / manufactured products
• Medical negligence
• Pedestrian accidents
• FreeWay Accidents
• Taxi Accidents
• Nursing home negligence
• Bicycle accidents
• Concert / Live Event Accident
• DEATH BY FIRE
• Garage door Accident
• Dangerous premises
• Prescription drugs

What is Comparative Negligence?

Comparative negligence is a legal principle that allows for the allocation of fault among multiple parties in a lawsuit. In wrongful death cases, a court will determine the percentage of fault for each party, and use that percentage to determine the amount of damages that each party is liable for. If the deceased person is found to have played a role in their own death, for example, if they were 20% at fault, their family would only be able to recover 80% of the total damages awarded. The damages awarded may include compensation for medical expenses, funeral expenses, loss of future income, and loss of companionship or emotional support.

Why You Should File a Wrongful Death Lawsuit

Although you may feel too bitter about filing a wrongful death lawsuit, it’s advisable to do so before two years after the passing of your loved one. A reliable wrongful death attorney in Las Vegas can work closely with other parties, including personal investigators and medical professionals, to develop evidence and testimony.

What Type of Compensation Could I Receive for My Wrongful Death Claim in Las Vegas?

Compensation can cover:

Financial Compensation

You need to show the court the cost you incurred as a result of the accident.  Examples include funeral expenses, burial expenses, past lost wages, future lost wages, and future financial support.

Non-Financial Compensation

In order to recover non-financial, also known as non-economic compensation, you need to show the emotional damages suffered by the relatives of the deceased. We understand that no dollar amount can be enough for the loss of a loved one. However, there are specific ways that the court will try to alleviate the financial strain that losing a loved one can have on a family. Examples of non-economic damages include loss of society, loss of comfort, loss of consortium, grief, pain and suffering, and loss of companionship.

Punitive Damages

The court can reward you for punitive damages to deter the wrongdoer from repeating the act that caused the accident. Punitive damages are awarded only in specific circumstances in Nevada courts. Punitive damages are intended to prevent the wrongdoer from repeating the same malicious action again. To understand if your claim is liable for punitive damages, contact our wrongful-death attorneys today.