The loss of a family member due to another party’s negligence is devastating, especially when it leaves you without the financial means to continue supporting yourself and your family.
A Henderson wrongful death lawyer can help you through this difficult time and secure the resources you need in the wake of your loved one’s loss.
At H&P Law, our team has over 60 years of combined experience helping surviving family members. We are dedicated to providing our clients with the clarity they need to navigate this challenging situation.
A Henderson personal injury lawyer can help you pursue compensation and justice on behalf of your loved one. We show you the compassion you deserve as we aggressively fight for you.
Why Choose H&P Law as Your Wrongful Death Law Firm in Nevada
At H&P Law, we have the tools, resources, and experience necessary to help you navigate a wrongful death claim. Your Henderson wrongful death attorney is prepared to navigate the complexities of these cases and establish the validity of your claim.
They also provide trusted and qualified counsel throughout your case to secure a favorable outcome. H&P Law provides you with the following benefits:
- Courtroom–proven case results: We have a successful track record of helping clients resolve their wrongful death claims and receive the compensation they are owed.
- Courtroom experience: Our team has the necessary experience to stand by you and advocate for you in the courtroom.
- Commitment to justice: We are dedicated to compassionately and aggressively fighting for you to secure a better future in your case.
Our team answers your questions and provides guidance you can rely on. If your loved one was lost due to another party’s negligence, our team can support you and your right to file a claim..
Understanding Wrongful Death in Nevada
Surviving family members have the right to file wrongful death claims when their loved one has been killed because of another party’s negligence.
According to NRS § 41.085, these parties may be entitled to compensation for the losses they have suffered as a result of their family member’s death. The decedent’s death must be caused by negligence, violence, or medical malpractice for a claim to be filed.
The ability to file a claim is usually dictated by what rights the decedent would have had if they were still alive. If they would have had a cause to file an insurance claim or lawsuit against the other party, then family members can bring forth a claim on their behalf.
ny compensation that is recovered in a wrongful death claim is designed to cover the deceased’s final expenses and benefit their dependents.
It is important to seek representation from a wrongful death attorney in Henderson as soon as possible. They will assess your situation and help you gather evidence to establish the at-fault party’s liability. They will also negotiate a fair settlement so you can recover damages for your losses.
Common Causes of Wrongful Death in Henderson
Wrongful death claims in Henderson are often the result of negligent actions that could have been prevented. While each case is unique, there are some commonalities that frequently lead to these tragic accidents.
Understanding the reasons behind wrongful deaths can help you better pursue justice for your family. Some common causes of wrongful death include:
- 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 a collision involves a reckless motorist or a truck driver, these cases demand a thorough investigation to determine liability.
- Medical malpractice occurs when healthcare providers fail to provide quality care and cause a fatality. This can include surgical errors, misdiagnoses, and medication mistakes. These errors are preventable and often leave families questioning their trust in medical professionals. The procedures for pursuing medical malpractice claims are outlined in NRS § 41A.071.
- Nursing home neglect or abuse can result in wrongful death when nursing home staff members mistreat 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.
- Slip, trip, and fall accidents can contribute to wrongful deaths when individuals fall from a great height or suffer a fatal blow to the body. Property owners are responsible for keeping their premises clear of hazards that can cause harm, such as slippery or uneven surfaces, obstacles, or poorly lit areas.
- Defective products can be dangerous and deadly for unsuspecting consumers. Individuals can be exposed to fire, chemicals, or equipment failure, to name a few. Manufacturers can be held liable for design flaws, production mistakes, or poor marketing and warnings when they result in injury or wrongful death.
Individuals who suffer these accidents may be killed immediately, or die sometime after the accident as a result of the injuries they suffered.
When you pursue a claim, you should talk with your Wrongful death lawyer in Henderson about the cause and outcome of your loved one’s death, as it can make a difference in how they approach your case.
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 allow you to hold the other party accountable, their processes, goals, and potential outcomes are fundamentally different.
Understanding these distinctions and what to expect in a wrongful death case can help you determine the appropriate course of action.
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.
Conversely, 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 a related civil claim.
Establishing Negligence in Henderson Wrongful Death Cases
Establishing negligence in a wrongful death case requires showing that the at-fault party’s actions, or inactions, directly caused your loved one’s untimely death.
Families must meet specific legal requirements to resolve a wrongful death claim. Your lawyer can walk you through how to prove wrongful death in Nevada and demonstrate the following elements in your case:
- Duty of Care: The party at fault was obligated to act with caution and engage in safe practices so your loved one was not harmed.
- Breach of Duty: The at-fault party disregarded their responsibility to safety and acted in a manner that endangered your family member.
- Causation: Because of the other party’s action, they caused a serious accident that led to your loved one’s injury and death.
- Damages: Liable parties must compensate you for the harm they inflicted and the losses you suffered as a result.
Demonstrating these elements is essential to building a successful case. Courts require clear evidence that connects the defendant’s actions to the decedent’s death and your resulting losses. Your ability to establish negligence can significantly impact the compensation your family is entitled to receive, making this step critical for achieving justice.
How Shared Fault Can Impact a Wrongful Death Claim
Each party’s level of fault is examined in wrongful death claims. Multiple parties may be involved or the decedent may have shared fault for the accident, which can impact compensation.
According to NRS 41.141, parties who are less than 50% at fault may recover damages reduced by their level of fault, while those over 50% at fault are prohibited from recovery. A lawyer can provide guidance in these situations.
Determining Who Can File a Wrongful Death Claim in Nevada
Multiple family members may be eligible to file a wrongful death claim in the state of Nevada. Your wrongful death lawyer in Henderson can provide clarity based on your specific circumstances.
Who can take legal action depends on the relationship to the decedent and their ability to file a claim. The right to file a wrongful death claim is prioritized accordingly in the following order:
- The personal representative of the decedent’s estate
- The surviving spouse or legally recognized domestic partner; if neither exists, the decedent’s children.
- The parents of the deceased person.
- The decedent’s siblings.
- If none of these parties exist, then the closest remaining family member can take action.
The goal is to ensure that closely related heirs or dependents receive the financial support they need to be able to move forward after the decedent’s death. If you are unsure who can sue for wrongful death, reach out to your attorney 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 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. These cases can take time to resolve, especially if they are more complex, so it is important to hire a lawyer and begin your claim as soon as possible.
Types of Damages Recoverable in a Wrongful Death Claim
Losing a loved one because of another person’s negligence can result in a significant financial and emotional burden. Recovering damages in your case can help you and your family cope with these unexpected losses.
Compensation addresses tangible expenses and intangible suffering. Your lawyer can talk to you about how to be compensated for your loss. Common losses that can be recovered include:
- End-of-life medical Expenses
- funeral and burial Costs
- Lost wages and benefits
- Loss of household services
- Future financial contributions
- Pain and suffering
- Loss of companionship
- Loss of parental guidance
- Loss of enjoyment and reduced quality of life
These damages aim to compensate families for the hardships that arise from their unexpected losses. A settlement or verdict provides the resources needed to make ends meet and find closure and heal after your loved one’s death.
Compensation is an important step toward providing relief and justice for grieving families.
Punitive Damages in Nevada Wrongful Death Cases
Punitive damages are a special type of compensation that punishes the at-fault party for egregious behavior and deters similar conduct in the future.
These damages are often used in cases involving malice, oppression, or gross negligence, as outlined in NRS § 42.005. Punitive damages prioritize accountability and send a strong message that reckless or intentional actions will not be tolerated.
How Compensation is Calculated in Wrongful Death Cases
When H&P Law represents victims of wrongful death claims, we conduct an in-depth assessment of all losses to make sure each one is included when determining how much your case is worth.
Economic and non-economic damages are calculated differently, so we determine the value of each independently before adding them together.
Economic damages are the easiest to calculate and can simply be added together. Non-economic damages are subjective and use one of two formulas.
he multiplier method assigns a number between 1.5 and 5 to your pain and suffering and multiplies it by the sum of your economic damages. The per diem method adds up an estimated daily value until maximum compensation is reached.
When determining the value of your settlement, it is important to be aware of factors that can influence the outcome. The severity and extent of your losses, the decedent’s partial fault, and pushback from opposition can influence what you can recover.
However, a lawyer will fiercely fight for you and recover the maximum amount in your case.
Schedule a Free Consultation with a Henderson Wrongful Death Lawyer Now
H&P Law is ready to provide support and legal guidance when you are reeling from the unexpected death of your family member.
A wrongful death lawyer in Henderson can help you determine the value of your case and who is responsible for your loved one’s death.
Contact us now to schedule a free consultation to discuss your case with our legal team and get started with your claim today.
