If a family member dies in Las Vegas due to someone else’s negligence, you may be able to hold the at-fault party accountable. To do so, you may have to file a wrongful death claim. At H&P Law, we are proven to perform in the courtroom. Our Las Vegas wrongful death lawyer is available to review your claim.
With help from a Las Vegas personal injury lawyer, you can explore your legal options. To get started, contact us today.
Who Can File a Wrongful Death Claim in Las Vegas
Per Nev. Rev. Stat. §41.085, an heir or personal representative of a deceased person (decedent) may be eligible to file a death claim. The heir or representative depends on the case. Examples of people who file death claims on behalf of a decedent include:
- Child
- Parent
- Spouse or domestic partner
- Executor of the estate
According to the statute of limitations for personal injury cases in Nevada, you have up to two years to submit a death claim. If you are considering a claim, consult with a Las Vegas wrongful death attorney. This allows you to discuss your case with a lawyer and figure out if you have a valid claim.
Wrongful Death Definition
A wrongful death is defined as a legal action in which one party seeks compensation from another due to a loss of life. This death occurs as a result of a negligent act. Reasons why people file death claims include:
- Car accident
- Motorcycle accident
- Truck accident
- Slip and fall accident
- Medical malpractice
- Premises liability
- Defective product
- Animal attack
The team at H&P Law can answer frequently asked questions and many others about death claims. We can help you decide if now is the time to take legal action against someone who wrongfully killed a family member. To learn more, reach out to us.
Damages You Can Request in a Death Claim
You can request economic and non-economic as part of your claim. Economic compensation may be awarded for losses you can quantify, while non-economic damages may be provided for subjective harm. You may be able to get compensation for various expenses relating to the decedent, including:
- Medical bills
- Funeral and burial costs
- Lost wages
- Loss of companionship
Based on Nev. Rev. Stat. §41.005, you may receive punitive damages in conjunction with economic and non-economic ones. Punitive compensation may be awarded to deter an at-fault party from committing future acts of negligence. A wrongful death lawyer in Las Vegas can explain the different types of damages in detail and help you submit a request for the most compensation possible.
How Much Your Death Claim Is Worth
You cannot put a price on the loss of life. In a death claim, you must account for your short- and long-term losses. A wrongful death attorney in Las Vegas works with you to determine the financial impact of your loss and prepares an argument designed to help you secure a fair settlement.
The amount you ask for in your death claim may be very different from what someone else requests. For instance, if a parent died in a slip and fall accident that occurred due to a property owner’s negligence, their surviving child may be dealing with a loss of income and other damages. Comparatively, if a parent dies after a car accident in which they required significant medical care, their surviving child may sue an at-fault driver for compensation to cover the decedent’s healthcare costs and other losses.
When calculating how much a claim for death is wrong, a lawyer accounts for a decedent’s age, life expectancy, and other factors. They also review medical records and look for other evidence to support a plaintiff’s request for damages. This helps the attorney build a compelling argument that may resonate with a judge or jury.
Insurance Coverage for a Wrongful Death
There are situations where someone dies, their surviving family members request compensation, and these individuals receive money based on an insurance policy. For example, a parent may die in a car accident caused by a negligent motorist. To secure compensation a surviving child may be able to secure compensation via an auto insurance claim.
In this example, whether compensation is provided depends on several things. The motorist who caused the crash must have auto insurance that provides sufficient coverage for all of the damages the surviving child requests. If the driver does not have adequate coverage or any insurance at all, a lawsuit may be required to get damages.
Keep in mind that an insurance company is interested in protecting its clients, even those who wrongfully kill others. If you have a legitimate death claim, an insurer is still likely to do whatever it can to avoid paying you. Fortunately, an experienced lawyer can help you deal with an insurance company and get the compensation you want.
Accepting a Settlement vs. Going to Trial
There can be times when you are offered a wrongful death case settlement from an at-fault party. If you approve the offer, you may receive compensation right away. If you and your attorney believe the offer is unfair, the case may move to trial.
Any time you are offered a settlement, discuss the proposal with your attorney. If you have a lawyer who has achieved outstanding case results at your side, you are in good hands. A Las Vegas wrongful death lawyer understands what is fair, and they can help you weigh the pros and cons of accepting an offer versus going to trial.
There is no reason to approve a settlement proposal unless it meets your expectations. If a settlement offer is below what you believe the claim is worth, you have the right to decline. You and your attorney can keep working together to seek the best outcome for your claim.
Partner with a Las Vegas Wrongful Death Lawyer
At H&P Law, we have a team in place that has more than 60 years of combined legal experience. We can help you submit your wrongful death claim. To find out more, contact us today.
