The loss of a family member due to the negligence of another party is devastating, especially when the incident leaves you without the financial means to continue to maintain your needs. At H&P Law, our compassionate Henderson wrongful death lawyers have over 60 years of combined experience. We are dedicated to providing our clients with the clarity they need to navigate this challenging situation.
If you have lost a family member due to negligence, you may be entitled to compensation. Our Henderson personal injury lawyer has extensive experience helping surviving family members. Contact us today to discuss your claim in a confidential consultation.
Common Causes of Wrongful Death in Henderson
Wrongful death claims in Henderson often stem from various negligent actions that result in the loss of a loved one. Each case involves unique circumstances, but some common causes frequently lead to these tragic outcomes. Understanding the reasons behind wrongful deaths can provide insight into pursuing justice for your family.
Traffic Accidents
Traffic accidents are among the most common causes of wrongful deaths in Nevada. These incidents often involve negligent behaviors such as distracted driving, speeding, or driving under the influence. Whether it is a collision with a reckless driver or a trucking accident, these cases demand a thorough investigation to determine liability.
Medical Malpractice
Medical malpractice occurs when healthcare providers fail to meet the standard of care, resulting in fatal outcomes. Common examples include surgical errors, misdiagnoses, and medication mistakes. These errors are preventable and often leave families questioning the trust placed in medical professionals.
Establishing liability in medical malpractice cases requires comprehensive evidence, such as medical records and expert testimony. Nevada law under Nevada Revised Statutes (NRS) § 41A.071 outlines the procedures for pursuing medical malpractice claims. Working with an experienced Henderson wrongful death attorney is essential if you hope to cope with the complexities of these cases.
Nursing Home Neglect or Abuse
Wrongful deaths can occur in nursing homes when staff members neglect or abuse vulnerable residents. This may include failing to provide necessary medical care, administering incorrect medications, or leaving residents in unsafe conditions. Elderly residents are particularly at risk for fatal injuries caused by falls, malnutrition, or untreated illnesses.
Understanding Wrongful Death in Nevada
Wrongful death occurs when a person, in some way, causes the death of another party and falls under state law as defined by Nevada Revised Statutes (NRS) § 41.085. This law makes it clear that if a person dies as a result of the actions of another person, the family members and the estate of that party may be entitled to compensation for the loss. This includes situations such as:
- Intentional acts, such as violent crimes that result in death
- Medical malpractice-related deaths
- Negligence-based deaths, including car accidents
In these situations, the person would not have died if the other party did not act in the way they did. In these situations, the person who was hurt cannot bring the case against the at-fault party, but the law provides a way for immediate family members to take action. Your Henderson wrongful death attorney must file your lawsuit to establish the liability of the at-fault party and obtain recovery of damages from the incident.
Civil Versus Criminal Wrongful Death Cases
Wrongful death claims can fall under either civil or criminal law, depending on the circumstances surrounding the death. While both types of cases seek accountability, their processes, goals, and potential outcomes are fundamentally different. Understanding these distinctions can help you determine the appropriate course of action for your family.
Civil Wrongful Death Cases
Civil wrongful death cases are brought by the surviving family members or representatives of the decedent’s estate. These cases focus on recovering financial compensation for losses such as medical bills, funeral expenses, and emotional suffering. Unlike criminal cases, civil claims aim to provide justice and relief for the family rather than punish the at-fault party.
Criminal Wrongful Death Cases
Criminal wrongful death cases are prosecuted by the state and focus on punishing the defendant for breaking the law. These cases may involve charges like manslaughter or homicide and can result in penalties such as imprisonment, fines, or probation. A criminal conviction does not provide financial compensation to the family, but it can support your related civil claim.
Proving Negligence in Henderson Wrongful Death Cases
Proving negligence in a wrongful death case requires demonstrating that the at-fault party’s actions or inactions directly caused your loved one’s untimely passing. Families must meet specific legal elements to succeed in a wrongful death claim. Each element must be supported by evidence to show how the defendant’s conduct led to the loss of life and the subsequent damages your family has endured, as follows:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Establishing these elements is essential to building a successful wrongful death claim. Courts require clear evidence that connects the defendant’s actions to the death and the resulting losses. Your ability to prove negligence can significantly impact the compensation your family is entitled to receive, making this step critical in achieving justice.
Determining Who Can File a Wrongful Death Claim in Nevada
Several people may be able to file a claim for a wrongful death in the state of Nevada. Your wrongful death lawyer in Henderson can offer specific clarity in your case and provide insight into who can take legal action for various types of losses. Typically, the process allows the following individuals to file a claim:
- The personal representative of the decedent is the estate executor in most cases.
- The surviving spouse or legally recognized domestic partner or, if there is neither of those, then the children of the person who has died.
- If none of those parties exist, then the parents of the person who has died can file a claim.
- In the case of no parents, spouse, or children, the person’s siblings can file a claim.
- In situations where none of these parties exist, it is then possible for the closest family member to take action.
The goal of this is to ensure that those who are closely related heirs receive the financial support necessary in the case. Not just anyone can make a claim, and the court will leave the decision to do so in the hands of those on this list in the order described. If you are unsure if you have the right to file a claim, reach out to your wrongful death attorney in Henderson to find out where you stand.
The Statute of Limitations for Wrongful Death Cases in Nevada
Nevada law imposes a strict deadline for filing wrongful death claims. Under Nevada Revised Statutes (NRS) § 11.190(4)(e), families generally have two years from the date of death to initiate legal action. Failing to meet this deadline can bar you from recovering compensation.
Types of Damages Recoverable in a Wrongful Death Claim
Losing a loved one to negligence can result in significant financial and emotional burdens. Nevada law provides for various types of damages in wrongful death cases to help families cope with their losses. These damages are divided into economic, non-economic, and, in some cases, punitive damages.
Economic Damages in Henderson Wrongful Death Claims
Economic damages in wrongful death cases are meant to address the tangible financial losses caused by the untimely death of a loved one. These damages aim to compensate families for the financial hardships that arise from the loss, ensuring they can cover expenses directly tied to the incident. The calculation of economic damages often involves precise documentation and expert evaluations to determine the true cost of these losses.
- Medical Expenses – The cost of the decedent’s medical treatment before their passing, including hospital stays, surgeries, medications, and emergency care. These expenses often represent significant financial burdens incurred during the decedent’s final days.
- Funeral and Burial Costs – The expenses associated with funeral services, cremation, or burial arrangements. Families can seek reimbursement for these necessary costs as part of their wrongful death claim.
- Lost Wages and Benefits – The loss of income the decedent would have earned had they survived. This includes their salary, retirement contributions, and other benefits critical to the family’s financial stability.
- Loss of Household Services – The monetary value of services the decedent provided, such as childcare, home maintenance, or elder care. Families often rely on these contributions, and their absence can create additional financial strain.
- Future Financial Contributions – The estimated income the decedent would have earned over their lifetime. This calculation accounts for inflation, promotions, and potential career advancements.
Non-Economic Damages in Henderson Wrongful Death Claims
Non-economic damages address the emotional and intangible losses families endure following the wrongful death of a loved one. Unlike economic damages, these losses cannot be quantified but are equally important in providing relief and justice for grieving families. Courts often consider the severity of the loss and its long-term impact on the surviving family members.
- Pain and Suffering – The emotional anguish endured by the family as a result of their loss. This includes the mental distress caused by losing a loved one in a preventable tragedy.
- Loss of Companionship – The absence of the emotional bond and companionship the decedent provided to their spouse, children, or other close family members. This damage seeks to account for the deep personal loss experienced by the family.
- Loss of Parental Guidance – The absence of a parent’s care, support, and nurturing, which can have a significant impact on children. Courts recognize the long-term emotional effects this loss can have on minors.
- Loss of Enjoyment of Life – The diminished quality of life experienced by family members due to the absence of their loved one. This type of damage reflects the impact of losing shared activities and joyful moments.
Punitive Damages in Nevada Wrongful Death Cases
Punitive damages are awarded in wrongful death cases to punish the at-fault party for egregious behavior and to deter similar conduct in the future. While not available in all cases, your Henderson wrongful death lawyer can advise you if they may apply due to the specific details of your case. These damages are not intended to compensate the family for their losses but to send a strong message that reckless or intentional actions will not be tolerated.
Under Nevada law, punitive damages may be awarded in cases where the defendant’s behavior demonstrated malice, oppression, or gross negligence, as outlined in Nevada Revised Statutes (NRS) § 42.005. For instance, a wrongful death caused by drunk driving or intentional misconduct may warrant punitive compensation. These damages prioritize accountability and serve as a deterrent to prevent similar incidents from occurring in the future.
Why Choose H&P Law as Your Wrongful Death Law Firm in Nevada?
We have the tools, resources, and experience to help you navigate the rights you have in any wrongful death claim. Because these are very complicated legal matters where the financial recovery is dependent on your Henderson wrongful death attorney from H&P Law’s ability to prove the validity of every claim, you need to be sure you have a well-qualified person by your side. There are several benefits to working with your Henderson wrongful death attorney from our firm.
- Courtroom Proven Case Results: We have helped others with wrongful death claims to receive the compensation owed to them. We have proven results to show for the work we have done for them.
- Experience in the Courtroom: Since many wrongful death claims must go through the court system, it is critical to have a highly experienced attorney by your side throughout that process who is confident in a courtroom setting.
- We Fight for Our Clients: We believe that your future is dependent on what happens in this case, and we use our compassion and dedication to help you get the results you need.
We answer questions and provide guidance you can rely on. If your loved one was lost due to the negligence of another person, allow our team to offer guidance and support. You have nothing to lose in seeking out a consultation.
Schedule a Free Consultation with a Henderson Wrongful Death Lawyer Now
Contact H&P Law now to discuss your case with our legal team. Your Henderson wrongful death lawyer with our law firm can provide you with guidance on the validity of your case, what the case may be worth, and who is responsible for the losses incurred by your loved one.
Contact us now for a free consultation and get started on your claim as soon as today.
