Losing a loved one is painful, even when families know death is imminent. Deaths caused by negligence, recklessness, or acts of violence add a horrible injustice to that grief while sending families into emotional chaos and financial distress.
In Nevada, surviving family members of victims of wrongful death have legal recourse. With help from a Las Vegas wrongful death lawyer, they can file a wrongful death suit seeking justice for their loved one’s death and compensation and acknowledgment for their own financial and emotional losses.
Quality of legal representation and other case-specific factors affect the chances of winning a wrongful death suit. Families who partner with H&P Law can count on our superior service to put them in the best position for a favorable result.
Wrongful Death Suits Explained
As established in the Nevada Revised Statutes (NRS) 41.085, a wrongful death occurs when a person dies because of “the wrongful act or neglect of another, ”and there are many types of wrongful death cases. For example, a wrongful death can result from a drunk driver or other motor vehicle accident, a botched surgery, an act of domestic violence, a defective product, or a variety of other preventable causes. The death is “wrongful” because it should not have occurred–it only happened because of someone’s wrongful act or lack of action.
In Nevada, the victim’s heirs or personal representatives can bring forth a wrongful death action. Typically, you must bring the case within two years of the death, according to NRS 11.190, though some situations allow for extensions. Special timelines apply for cases involving medical malpractice, so be sure to connect with a wrongful death attorney as soon as possible following your loved one’s death.
Potential damages available to the beneficiaries of a wrongful death suit include acknowledgment for or recovery of:
- Grief, companionship, and consortium
- Related medical costs
- Financial support previously provided by the deceased
- Funeral expenses
- Punitive damages, had the victim lived and been entitled to collect this additional award as a result of the at-fault party’s extreme negligence
Factors Affecting the Chances of Winning a Wrongful Death Suit
The specifics of every case are different, making it impossible to provide average “odds” of winning a wrongful death suit. However, there are common factors present in every case, and each can impact case outcomes.
Quality of Representation
The chances of winning a wrongful death suit increase along with the quality of your legal representation. The team at H&P Law has experience handling a variety of wrongful death cases in Nevada. We have profound knowledge of Nevada’s wrongful death laws and custom-design our strategy to the specific needs of each case–you do not get cookie-cutter representation with us.
Our successful history includes both settlements and verdicts. We are strategic negotiators but also fierce trial attorneys, so whether at the negotiating table or in the courtroom, we are prepared to fight to win. And whoever is to blame for your loved one’s death, we are not afraid to hold them accountable, no matter how big or powerful they may be.
Evidence of Negligence
Winning a wrongful death suit requires strong evidence of the at-fault party’s negligence. The evidence must show proof of the at-fault party’s negligence and a direct connection between that negligence and your loved one’s death. Your wrongful death attorney in Nevada will investigate the situation to find out exactly what happened, identify the culpable party, and collect comprehensive and convincing evidence.
For example, if your loved one was killed in a car accident, your lawyer may discover the driver failed to brake or that the car’s brakes failed. In the first scenario, the driver is likely to blame, but in the second, the claim might be against the car manufacturer or a negligent mechanic. H&P Law has the knowledge, experience, and connections to experts to conduct a thorough investigation and compile convincing evidence.
Type of Case
Some wrongful death suits are more complicated than others. Medical malpractice cases can be harder to prove since your loved one may have had an underlying illness, and you must show their death was not simply a natural progression of that condition. H&P Law is equipped to take on these complicated cases, so be sure to reach out for help.
Degree of Your Loved One’s Fault
The at-fault party may claim your loved one is at least partly to blame for the accident leading to their death, and these claims could affect the chances of winning a wrongful death suit or affect the compensation available.
Nevada’s comparative negligence system allows victims of injury or surviving family members of those killed in a wrongful death to file for damages if the victim is less than 51% responsible for the event causing the injuries or death. If the victim meets this threshold and bears lesser fault, compensation is reduced by an equal percentage.
A skilled wrongful death lawyer will challenge accusations of blame, working to protect your loved one from further injustice and your potential compensation from reduction. H&P Law’s experience with Nevada wrongful death claims and how to get you compensated for your loss is extensive. Our goal is to give you the best chances of winning your wrongful death suit.
Winning Your Wrongful Death Suit Is Our Goal
Winning a civil wrongful death suit is often “easier” than securing a guilty verdict in criminal court. The standard for a criminal conviction is proving guilt “beyond a reasonable doubt.” To win a civil case, you must prove the negligent party caused your loved one’s death with a “preponderance of evidence.”
Still, a “preponderance” is no small amount of evidence, and the best attorneys never approach any case as “easy.” The team at H&P approaches wrongful death claims with confidence but never assumes an easy win. We treat every case as critical–because it is–and put the full force of our legal power into every detail.
