If you have lost a loved one due to someone else’s negligence, an experienced Las Vegas wrongful death attorney can help you seek the justice and fair compensation you deserve.

At Willoughby Shulman Injury Lawyers, we understand there are few experiences more devastating than the loss of a loved one. Worse still is when that loss is due to the negligence of another and could have been avoided. We are sensitive to the grieving process and do our best to navigate the legal process without causing additional stress or burden to surviving family members.

What is wrongful death?

Wrongful death cases occur in any situation where someone loses their life due to another person’s or business’ action. This includes a death resulting from an automobile accident, a slip/trip-and-fall, a defective product, medical malpractice, or any other negligent or willful act.

Wrongful death lawsuits are typically filed to seek compensation for the losses the deceased person’s surviving family suffered. Wrongful death lawsuits can be complex and emotionally challenging. An experienced and compassionate wrongful death lawyer can guide you through the process and help you understand your legal options.

Common Types of Wrongful Death Cases

There are different incidents and accidents that lead to wrongful death cases, but some of the most common include the following:

When a healthcare provider’s negligence or mistake results in a patient’s death, such as misdiagnosis, surgical errors, or medication errors.

When a driver’s negligence, recklessness, or drunk driving leads to a fatal accident.

When a manufacturer releases an unsafe product and causes a fatal injury.

When a person dies due to a workplace accident or occupational diseases, such as exposure to toxic chemicals or construction site accidents.

When a nursing home or caregiver fails to provide proper care, leading to a resident’s death.

Each case is unique, and the circumstances surrounding each case can be complex. It is essential to consult with an experienced wrongful death attorney who can review the facts of the case and provide guidance on the legal options available.

What is a Wrongful Death Claim?

A wrongful death claim is intended to make the party or parties responsible for the death pay for the losses of the victim who was killed, as well as the losses of the family members who were left behind.

In a wrongful death claim, the plaintiff (usually the deceased person’s surviving family members or estate) must prove that the defendant’s wrongful conduct caused or contributed to the victim’s death. This can include providing evidence such as witness testimony, medical records, and expert opinions.

If the plaintiff successfully proves their case, they may be awarded damages, including compensation for economic, non-economic and punitive damages.

Who Can File a Claim

The administrator of the deceased’s estate and the deceased’s close family members can bring wrongful death cases. Under Nevada law, certain family members can recover for his or her own grief or sorrow, loss of probable support, companionship, society, comfort and consortium, as well as damages for pain, suffering or disfigurement of the decedent. The estate can recover punitive damages, medical expenses and funeral expenses.

The laws surrounding wrongful death claims vary from state to state, and there may be specific rules about who can file a claim, the time limits for filing a claim, and the types of damages that can be recovered. A wrongful death attorney can provide guidance and representation for those considering a wrongful death claim.

Statute of Limitations in Nevada

In Nevada, the statute of limitations for wrongful death cases is two years from the date of the person’s death, as defined by NRS 11.202. This means that a wrongful death lawsuit must be filed within two years of the date of the death, or the claim may be time-barred and unable to proceed in court.

Although we understand that your grieving process can be overwhelming and hard to act quickly, seeking legal guidance with a Las Vegas wrongful death lawyer as soon as possible if you are considering filing a wrongful death claim in Nevada is essential. Failing to file a wrongful death claim within the statute of limitations can result in losing the right to seek compensation for your loved one’s death.

Nevada Wrongful Death Damages

It is always difficult to determine exactly how much compensation is appropriate in a wrongful death case. Placing a value on a human life is challenging in any situation. Factors to be considered include the relationship between the family member bringing the claim and the deceased, as well as the loss of financial support that the deceased victim would have provided to the family members left behind. Also important is the conduct of the person or business at fault.

The types of damages available for a wrongful death claim can vary depending on the laws in the jurisdiction where the claim is filed, as well as the specific circumstances of the case. Some common types of damages that may be available in a wrongful death claim include:

  1. Special damages: These damages are meant to compensate the family for any non-financial and financial losses resulting from the victim’s death. These damages may include the following:

If the deceased person received medical treatment before their death, the family may be able to seek compensation for the medical bills related to that treatment.

The family may be able to recover the cost of the deceased person’s funeral and burial.

If the deceased person was the primary breadwinner for the family, the family may be able to seek compensation for the income that the deceased person would have earned if they had not died.

The family may be able to seek compensation for the loss of the deceased person’s love, companionship, and guidance.

If the deceased person suffered before their death, the family may be able to seek compensation for the pain and suffering that their loved one experienced.

2. Punitive damages: Sometimes, a court may award punitive and special damages. These damages penalize the defendant for particularly deplorable, intentional or reckless conduct.

The damages in a wrongful death case can vary widely depending on the case’s circumstances. Nevada’s wrongful death statute, NRS 41.085, limits the recoverable damages in a wrongful death claim for specific types of the estate and heirs. An experienced Las Vegas Wrongful death attorney can guide the types of damages available in your case.

Call Our Las Vegas Wrongful Death Attorney for a Free Consultation

At Willoughby Shulman Injury Lawyers, our wrongful death lawyers will help guide you through this complicated process and become the personal representative you need and deserve during this difficult time.

Contact a Wrongful Death Attorney at our Firm. Call (702) 852-6688.

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Practice Areas

As a trusted personal injury law firm, Willoughby Shulman Injury Lawyers has been helping clients across a wide range of injury claims including slip and fall injuries, car accidents, workers compensation claims, and more. In 2022, we were voted a Top Ranked law firm because of our commitment to our clients. At our law firm, we say, “Every Client Matters” and we mean it. Meet with one of our experienced personal injury attorneys today over a no risk, free consultation.

Testimonials

"Steve and Eric have represented several of my friends over the last five years. All of them have been thrilled with the results and the customer service. They are the best in town!"

Meredith W.

"I am so happy and grateful for Steven and his team. They worked hard on my case, got the hospital and doctors offices to lower their bills and he even lowered his fees to make sure I got more money than the firm. I am very satisfied and would recommend this firm for professional good values and more. Thanks again for everything."

DeeDee B.

"I was completely overwhelmed after my car accident and choosing Willoughby Shulman was the best decision that I could’ve made. They guided me through the entire process and my outcome exceeded all of my expectations. They were always available to answer my questions, returned my calls promptly, and kept me updated on the progress of my case. I have the highest respect and appreciation for them."

Shelly M.

Our Case Results

Wrongful Death

$4,025,000

Dog Attacks

$200,000

Auto Accident

$2,345,000

Defective Products

$100,000

Pedestrian Accidents

$1,265,000

Medical Malpractice

$320,000

Slip & Fall

$2,525,000

What We Mean By “Every Client Matters”

 

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