Understanding Wrongful Death Lawsuits in Las Vegas: What You Need To Know

Losing a loved one is never easy, but when that loss is caused by someone else’s negligence or intentional actions, the emotional and financial toll can be even greater. In Las Vegas, wrongful death lawsuits provide grieving families the opportunity to seek justice and compensation for their loss.

This guide breaks down everything you need to know about wrongful death cases and how to pursue a claim.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim brought by the surviving family members or heirs of a person who died due to another party’s negligence or wrongful actions. The lawsuit seeks to recover compensation for the harm caused by the untimely death of a loved one. Wrongful death claims can arise from a variety of incidents, including car accidents, medical malpractice, workplace accidents, criminal acts, and defective products.

Who Is Eligible To File a Wrongful Death Case?

In Nevada, the following individuals are eligible to file a wrongful death lawsuit:

• Spouse: A surviving husband or wife
• Children: Biological or adopted children (including adult children)
• Parents: If the deceased person had no spouse or children, parents may file
• Personal Representative of the Estate: If no surviving family members are present, the representative of the decedent’s estate can file on behalf of the deceased person’s heirs

How Can You File a Wrongful Death Case? What Are the Steps?

Filing a wrongful death case involves several steps, which should be carefully followed to ensure a successful claim:

1. Consult with an Attorney: Contact an experienced wrongful death attorney as soon as possible to discuss your case
2. Investigation: The attorney will gather evidence, such as accident reports, police reports, medical records, any available video/audio footage, and witness testimonies, to build the strongest case possible.
3. File the Claim: Your attorney will file the wrongful death lawsuit in the appropriate Nevada court.
4. Discovery: Your attorney and the at-fault party (or parties) will exchange information and evidence relevant to the case. This may include questioning relevant witnesses or parties under oath (depositions), submitting lists of written questions for witnesses, at-fault parties, and/or other relevant individuals to answer (interrogatories), and requests for documents, records, recordings, images, test results, data sets or other relevant information.
5. Settlement Negotiations: Your attorney will handle all communications with the at-fault party and insurance companies to negotiate a fair settlement
6. Trial (if necessary): If a fair settlement cannot be reached, your attorney will take the case to trial to fight for the compensation your family deserves

What Are the Relevant Nevada Laws for Wrongful Death Cases?

In Nevada, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means you must take legal action to preserve your right to seek compensation within this time frame. Failing to file within this period may result in the loss of your ability to pursue the claim.

What Can Be Recovered in a Wrongful Death Case? How Is Compensation Determined?

Surviving family members may be entitled to various types of compensation in wrongful death cases, including:

• Economic Damages: Compensation for financial losses, such as medical bills, funeral expenses, lost wages or earning capacity, and loss of benefits.
• Non-Economic Damages: These damages cover intangible losses, such as pain and suffering, loss of consortium (companionship), and emotional distress.
• Survival Actions: The deceased’s estate may file a “survival action,” which can recover damages the deceased person would have been entitled to had they survived (including medical costs, care costs, pain and suffering, etc.).
• Punitive Damages: If the responsible party’s actions were particularly egregious (e.g., gross negligence or malice), the court may award punitive damages to punish the defendant and deter similar conduct.

The amount of compensation depends on several factors, such as the severity of the loss, the deceased person’s income, and the emotional impact on the surviving family members. Nevada’s state minimum for recovery is $25,000. It depends on how much coverage the defendant’s policy covers. The maximum would be whatever the defendant’s limits of liability coverage is.

Factors influencing the amount recovered:

• Victim’s age and life expectancy
• Victim’s income and earning potential
• Medical expenses related to the fatal injury
• Nature of the accident and degree of negligence
• Relationship of the surviving family members to the deceased

When Should You Consult an Attorney?

It’s essential to consult with an attorney as soon as possible after the death of a loved one, especially when you suspect that someone else’s negligence or actions were responsible. A wrongful death lawyer can help you understand your legal options, ensure that deadlines are met, and work to get you the compensation you deserve.

Other FAQs

How long do I have to file a wrongful death lawsuit in Nevada?
In Nevada, you typically have two years from the date of death to file a wrongful death lawsuit. It’s critical to act quickly to avoid missing this deadline.

What is the process of filing a wrongful death claim in Nevada?
The process involves consulting with an attorney, conducting an investigation, filing the claim, negotiating with insurers, and possibly going to trial if a settlement is not reached.

What types of incidents can lead to a wrongful death claim?
Wrongful death claims can arise from car accidents, medical malpractice, workplace accidents, criminal acts, product defects, and more.

How Sam & Ash Injury Law Can Help

Navigating a wrongful death case can be overwhelming during such a painful time. At Sam & Ash Injury Law, we are committed to providing compassionate, dedicated, and aggressive legal representation to help you seek justice for your loved one.

We will:

• Investigate the incident thoroughly to build a strong case.
• Handle all communications with insurance companies and the responsible party.
• Fight for the maximum compensation available, including both economic and non-economic damages.
• Offer continuous support and guidance throughout the legal process.

If you’ve lost a loved one due to someone else’s negligence or wrongdoing, don’t navigate this difficult time alone. Call Sam & Ash Injury Law today at (702) 820-1234 to speak with an experienced attorney who will fight for the justice and compensation your family deserves.

Sam & Ash – Because You Deserve What’s Right.