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:
- 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.
Practice Areas
Testimonials
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”
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Eget mi proin sed libero enim sed faucibus turpis. Orci phasellus egestas tellus rutrum tellus pellentesque eu. Sapien nec sagittis aliquam malesuada. Dui nunc mattis enim ut tellus elementum sagittis. Leo vel fringilla est ullamcorper eget nulla facilisi etiam dignissim. Rhoncus est pellentesque elit ullamcorper dignissim cras tincidunt lobortis feugiat. In aliquam sem fringilla ut morbi tincidunt augue interdum. Amet consectetur adipiscing elit pellentesque habitant. Rhoncus urna neque viverra justo nec ultrices. Phasellus faucibus scelerisque eleifend donec pretium vulputate sapien. Pharetra et ultrices neque ornare aenean euismod elementum nisi quis. Porta nibh venenatis cras sed felis eget velit.
Duis ultricies lacus sed turpis tincidunt. Sit amet dictum sit amet justo donec enim diam. Facilisis volutpat est velit egestas dui. Vitae suscipit tellus mauris a diam maecenas. Purus sit amet luctus venenatis. Ullamcorper a lacus vestibulum sed. Tellus cras adipiscing enim eu turpis egestas pretium aenean pharetra. Ultrices neque ornare aenean euismod elementum nisi quis eleifend. Massa tempor nec feugiat nisl pretium fusce. Id ornare arcu odio ut sem nulla. Tellus elementum sagittis vitae et leo. Egestas erat imperdiet sed euismod nisi. Eget gravida cum sociis natoque penatibus et. Tincidunt dui ut ornare lectus sit amet. Aliquam malesuada bibendum arcu vitae elementum curabitur vitae. Etiam sit amet nisl purus in mollis nunc sed id.